Maryland Immigration Attorney

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H-1B VISA FOR PROFESSIONALS:

What is a H-1B Visa?
A H-1B Visa is a professional visa granted to a qualified foreign worker who will be employed in a “specialty” occupation.  A specialty occupation generally requires attainment of a baccalaurate degree in a given area of study.  For example, an Engineer would have spent four years of undergraduate study in the field of Engineering.

Who Is Eligible for a H-1B Visa?
A foreign worker who holds a Bachelors degree or higher in a specialty or professional position. For example doctors, lawyers, accountants, computer programmers, researchers, engineers, architects and teachers qualify for H-1B visas because their positions would meet the definition of a specialty ocupation.

How Long Can the Worker hold H-1B Visa Status?
H-1B Visas are valid for up to six (6) years. They are often granted in two 3 year installments. They may be approved for shorter durations if so desired.

When is the Best Time to Apply for A H-1B Visa?
For all cases that face the 65000 visa cap, it is best to file the Application on April 1 of the year in which the visas become available. For example, the new filing season for 2007 begins April 1, 2008.

What Should I do To Ensure My Case Has a Chance of Securing a H-1B Visa?
The most important thing is to have the Employer and Employee get their paperwork ready for processing long before April 1, 2008 so that all files are complete and ready for immediate filing on April 1, 2008.

Should Students Exhaust the Practical Training First?
It is best not to take chances with the H-1B visa usage. A student whose Employment Authorization is based on Student Practical training may face a lapse between the expiration of the Practical training and the Issuance of the H-1B Visa if the H-1B visas are depleted before one is secured for him or her. It is better to secure a H-1B visa and stay on payroll than to cling onto the Practical Training and find yourself without a job or employee as the case may be.  You may wish to discuss this issue with an Immigration Attorney.

What Practical Tips Would Be Helpful for Employers?
It is best to recruit early if your pool of applicants includes foreign workers who might need a H-1B visa. It is best to make offers of employment early and obtain required documentation early. It is best to have all paperwork ready for submission before April 1, 2008.

Is Everyone Subject to the 65,000 Visa Cap?
No. There a few exemptions from the cap. These include workers employed by institutions of higher education or certain nonprofit government research organizations. Also, there are an additional 20,000 visas allowed for students graduating from a United States university with a Masters degree or higher. These additional 20,000 visas have seen a keen demand in recent years as well.

We can assist you in determining if a position you offer is a specialty occupation and in preparing all the required paperwork on time.

Please use the contact form to post a question regarding H-1B visas or other issues.