H-1B Professionals may work in the United States on a temporary basis. If you have a college degree or university degre, you may be eligible to apply for this status, also known as "specialty occupation." You may also qualify by obtaining a credential evaluation which determines that your combination of experience and/or education is equivalent to that of having a degree in a specialized field.
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The job you are offered as an H-1B professional must require a degree and you must either possess a minimum of a bachelor's degree or have a credential equivalent. This primary requirement excludes occupations which can be performed without a degree, for example, pilots, mechanics, and others. Some professions are clearly H-1B visa eligible. These include but are not limited to: architects (unlicensed architects must work under supervision of a licensed architect); engineers, professors, attorneys, etc. There are some occupations which fall in a "grey" area. In those occupations, one must prove to the USCIS that the nature of the duties are so specialized and complex that a degree is required to adequately fill the position.
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Changes to the H-1B category have significantly changed the H-1B program. The American Competitiveness in the Twenty-First Century ACT (AC21)have added "portability" provisions which allow a nonimmigrant alien previously issued an H-1B visa to begin working for a new H-1B employer as soon as the employer files the H-1B for the alien. Previously, H-1B holders in this situation would have to wait for INS approval before starting work with the new employer. The period of validity of the visa, which is six years, may also be extended under certain circumstances.
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NOTE: The H-1B regulations, and the AC21 provisions are extensive, complex and highly detailed. If you have questions regarding working in the U.S., obtaining an H-1B visa or any other immigration matter, you may email us to set up an initial consultation.
The H-1B quota for the Fiscal Year 2007 has already been filled. The quota does not affect those who are already in H-1B status and are seeking extensions, however, it does affect new H-1B filings. Some individuals may be able to obtain other types of visas during this current crisis. Please contact us if you wish to discuss your qualifications and any potential visa alternatives.
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