A GUIDE FOR NEW IMMIGRANTS IN AMERICA

Immigration Issues

 

H-1B Applications Must be filed by 4/1/2008!

By Victoria Suh ESQ

It's that time of year again.  The USCIS will begin accepting H-1B petitions starting on April 1, 2008.  The USCIS may issue a maximum of 65,000 visas each year.  Last year the cap was reached on the first day.  The H-1B is a nonimmigrant temporary working visa for professional workers in "specialty occupations." 

In order to apply in this category, it is necessary to have an employer sponsor.  This is not a category for self employment. This category is for "special occupations" which including many  occupations that would typically require a bachelor degree in order to perform the work.  Examples include account, computer analysts, programmers, engineering, financial analysts, architects, to name a few. 

Although the bachelor degree is the minimum requirement, it is possible to qualify for this category by combining an Associate Degree plus work experience.  The USCIS will accept 3 years of progressive work experience as equivalent to 1 year of formal education.  For example, a person who has completed 3 years of university studying accounting and has 3 years of work experience as an accountant may apply for the H-1B even though s/he does not have the formal bachelor degree. 

In order to apply for the H-1B status, the USCIS will accept the applications on 4/1/2008 in order for the person to start working on 10/1/2008.  The person must be in valid nonimmigrant status until 10/1/2008 or be outside the country. 

If you are interested in obtaining further information on this category please contact us for a free initial consultation.
USVisaLaw@aol.com * Tel: 213-387-2888

 

OTHER IMMIGRATION RESOURCES

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The Law at Your Door
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