myImmigrationLawyer.net Reminds you of the H-1b Nonimmigrant Visa’s April 1st Application Opening Day!

American Immigration Attorneys, a leading immigration law firm is receiving many calls from people worried they will miss out. The H1-b is used by persons in Specialty Occupations as well as fashion models of distinguished merit and ability. Most relate to the specialty occupations.

A Specialty Occupation is one that requires a “theoretical and practical application of a body of specialized knowledge with at least a bachelor’s degree or its equivalent”. The rule of thumb for equivalency is 3 years of practical experience are equivalent to one year of university education. Obtaining this equivalency is not as easy as before, when you could simply send your credentials to an evaluation firm.

One can understand engineering, law, theology and medicine as Specialty Occupations. Many other occupations qualify but sometimes an attorney must argue why. The reason we have a race is that this is one of few visas with an annual numerical limitation; in this case 65,000. What makes it more important is that in Fiscal Years 2001-2003, 195,000 were available.
What makes this visa popular is its use as a bridge to a Green Card or Permanent Residency. Students, for example, enter the country on an F-1 student visa, work for a year on OPT (Optional Practical Training), locate an H-1b sponsor, and then a Green Card sponsor. In effect, they can enter as students and never leave!

This visa has the highest filing fees in all of immigration. Approximate filing fees (with Premium Processing) range from $2500 to $3000, depending on the number of employees in the petitioning company. Persons working at nonprofits pay considerably less.
The H1-b allows for renewals with a maximum stay of 6 years. Those who apply for Green (also called Resident Alien or Permanent Residence) Cards can have their H1-bs extended beyond that time as long as 365 days had elapsed since the filing of a work-related Green Card referred to as a Labor Certification, or other EB (employment-based) case.

H1-b persons can work for more than one employer, but must file a separate case for each. A little known fact is that they can work part-time as well. This is usually the strategy if an employer is unable to pay the Prevailing Wage that is required for their particular position. Government guidelines control what a position should pay and they are county-specific. If an employer cannot afford the wages full-time, they can employ the person for the same salary but less hours.

A great feature of the H1-b visa is portability. If, for whatever reason, the employee wishes to change employer, he or she can work for a new employer as soon as a new
H1-b case has been received by the CIS.

Traveling can be a big headache the first time after a Change of Status as the employee must make an appointment with their Embassy and this may impair their travel plans. However, this must only be conducted once per renewal. The H is one of less than a handful of visas that allows for Dual Intent, which means one can simultaneously apply for a temporary visa and a permanent visa (Green Card).

The first H1-b application is critical as it can lay the foundation for future renewals as well as a Green Card application. It is at this critical time that one must take care to hire a competent law firm that is aware of the various intricacies of this popular visa. For more information on the H1-b visa, visit www.myImmigrationLawyer.net .


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