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H-1B Visa:
This visa is designed for university graduates, who are sponsored by their employers. It is a temporary visa and your immediate relatives can also gain status upon your acquisition of said visa.
TOP TEN H-1B FAQS:
- Who is eligible to apply?
H-1B visa is usually applicable for college graduates, who have a four year degree. Rarely, however, persons with 12 years experience in a specialty occupation (3 years experience per college year (3 x4=12) can also apply for this visa.
- When can a person apply for the H-1B?
Applicants can submit applications by April 1st of every year until H-1B quotas are met. One word of caution: The 2008 quotas were exhausted on April 2, 2007. Approximately 150 thousand applicants filed for H-1B by April 1st and 2nd wherein 65 thousand was the limit. The quota was fulfilled in 1 day! So you better file your H-1B by April 1, 2008.
- Who is not subject to the quota?
Applicants who have master’s degree from a U.S. University tend to be more relaxed with respect to the quotas.
Also, if you are filing to transfer from one employer to another or submitting an extension petition, you are not subject to the quotas.
Non-profit entity applicants are excluded as well.
For more information please review the I-129 Form at www.uscis.gov.
- What are the application fees?
You must pay a base fee of $320.00.
The Fraud Prevention Fee is $500.00.
Employer Fee is $750.00 (if less than or equal to 25 workers work for your employer) or $1,500.00 (if more than 25 workers work for your employer.)
An optional premium processing fee of $1,000.00 shall apply if you file for expedited processing.
Please review the H-1B data collection form for more details.
- Do I need an employer?
Absolutely. An employer must petition for you.
- Is experience required?
No. As long as you have a college degree you need not have experience.
- How long can I remain in H-1B status?
Three years plus additional three years for a total of six years. One additional year may be filed as a last resort.
Applicants with H-1B petitions who desire to live in the U.S. should also get the green card application going to obtain permanent residency.
- What types of occupations are appropriate for H-1B application?
Here is the technical part where you separate the good attorney from the bad. You must first have a college degree, which must match the job title of your employer. For example, if you have a bachelor’s degree in Economics, you should apply for positions such as financial analyst, business analyst, accountant, market research analyst. Obviously, you cannot apply for a medical scientist position with an Economics degree.
Furthermore, the educational curriculum must match the job duties. The job duties must at least require knowledge of four year college education (or 12 years experience, (or substitute ever lack of college year with three years of experience.)
You may apply for a managerial position at a multibillion dollar company and still could not get an H-1B if your job duties do not require application of academic education worth four years.
- Do I have to graduate from a U.S. institution?
No. We can certify your foreign four year college education so that it is equivalent to a U.S. degree.
- Do I have to be in legal status to apply for H-1B?
Yes. You must not only have legal status at the time of your application, but also must have a valid status until October 1st of the year of your filing.
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INVESTMENT VISAS:
Nonimmigrants investing in the U.S. may apply for various types of visas depending on the nature of business they are operating and their respective roles. Most common nonimmigrant visas are the E and L type visas.
E-1 (treaty trader) and E-2 (treaty investor) Visas:
E-1 Requirements:
1.1 You must be a national of a country that has a treaty with the United States (check whether you are a national of a treaty country at http://travel.state.gov/visa/reciprocity/list_of_treaty_countries.htm);
1.2 The trade must be between the U.S. and your treaty country;
1.3 Said trade must be at least 50% of the total company trade;
1.4 The trade must be substantial:
- Sufficient to insure a continuous flow of international trade between the U.S. and the treaty country;
- Cannot be based on a single transaction;
- Volume is more important than value;
- Receipts, bills of lading, letters of credit, insurance documents, purchase orders, customs papers, etc. can be shown.
1.5 Company must be owned by treaty foreign nationals of your country at a rate of %50.
E-2 Requirements:
2.1 You must be a national of a country that has a treaty with the United States (check whether you are a national of a treaty country at http://travel.state.gov/visa/reciprocity/list_of_treaty_countries.htm);
2.2 You must have an active investment or in the process of investing. For example you cannot buy an empty lot and call it an investment. The business must operate and you must put your money at risk;
2.3 The investment has to be substantial. A minimum of $100,000.00 should be invested. Substantial investment is a term of art and needs to be explained. Substantial investment means that the investment is sufficient enough to support you and your family and other employees. You must show that potential that the business will generate income for you and for other workers;
2.4 Evidence of investment consists of the following:
- Rent paid on equipment or property (termed lease contracts are ok);
- Money paid on equipment, transportation, stationary, tools, products, inventory, etc.;
- Receipts, contracts, bill of ladings, letter of credits, wire transfers;
- Money paid for legal expenses;
- Any money paid for the purpose of establishing your business.
2.5 You must either manage the business or have a controlling interest of at least %50 ownership in the business;
2.6 You can be an employee too if you have the same nationality as treaty employer and must be either executive or supervisor or an essential employee.
You will get a two year visa and can get many extensions as you desire. However, a smart investor who wants to remain in the U.S. permanently must also start working on the green card application while in E-1 or E-2 status.
L-1 Intra-Company Transferee Visa:
This other category of investment visa is designed for executives, managers, and employees with specialized knowledge to transfer from the foreign company to a U.S. office, subsidiary, or affiliated company to perform temporary services.
Requirements:
1.1 You must have been employed by your parent company for at least 12 months during the three year period immediate prior to the filing of your application;
1.2 You must have been employed as an executive, manager, or as a specialized knowledge employee for your parent company;
1.3 Your foreign company and U.S. company must have a legal relationship (same company, subsidiary or affiliate ownership);
1.4 Your U.S. Company should file the petition and petition must have documentation showing the above referenced qualifying relationship based on ownership or control such as annual reports, articles of incorporation, financial statements, and copies of stock certificates.
1.5 With respect to your employment you must get a written certification from your foreign company demonstrating your dates of employment, job duties, qualifications, salary, dates of employment, description of proposed job duties, qualifications and evidence the proposed employment is in an executive, managerial, or specialized knowledge capacity.
1.6 Regarding your new company here you must gather documents showing rental contract for your business property, proof of relationship with your parent company, your company’s financial ability to run U.S. operations (size, organizational structure of both firms, financial size and condition of foreign employer;)
If your U.S. Company has been doing business for one year or more in the U.S.,
you have three or more domestic and foreign branches, subsidiaries, or affiliates, and your qualifying organizations have obtained approved petitions for at least 10 managers, executives or specialized knowledge professionals during the previous 12 months, and have U.S. subsidiaries or affiliates with combined annual sales of at least 25 million USDs or have at least 1,000 employees, you can file for blanket L petitions for persons who possess specialized knowledge employed in positions which require the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and require completion of a specific course of education culminating in a baccalaureate degree in a specific occupational capacity.
Usually you are granted one year of status. Thereafter extensions of three year increments are available but total years shall not exceed 7 years. Your spouse can get work permit while you are in the L status. You should file for immigrant visa during the pendency of your status, if you desire to stay in the U.S. permanently. It usually takes the USCIS 45 to 90 days to process both E and L status applications. However, you can file for expedited processing by filing the I-907 form with submission of $1,000.00 fee.
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Extraordinary Ability Visas:
We also specialize in providing services for people who have extraordinary abilities in the sciences, arts, education, business or athletics. Regulations classify said visas under the “O” or “P” category.
Requirements:
1.1 You must gather credible and extensive documents demonstrating sustained national or international acclaim regarding your field of occupation;
1.2 You may not need an employer to file for this petition. You must however show that you have risen to the top in your field of endeavor;
1.3 Obvious documentations include major awards, such as Nobel Prize, MVP, Academy Award, etc. Absent said documents, you must gather at least three of the following evidence:
- Documentation of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Documentation of membership in associations in the field of endeavor which require outstanding achievements of their members, as judged by recognized national or international experts in the field;
- Published material in professional or major trade publications or major media about the alien and relating to the alien's work in the field of endeavor;
- Evidence of participation, on a panel or individually, as a judge of the work of others in the same field of specialization;
- Evidence of original scientific, scholarly, or artistic contributions of major significance in the field of endeavor;
- Evidence of authorship of scholarly articles in the field, in professional journals or other media;
- Evidence of the display of work in the field at artistic exhibitions or showcases in more than one country;
- Evidence of performance in a lead, starring, or critical role for organizations or establishments with distinguished reputations;
- Evidence of having commanded a high salary or other significantly higher renumeration for services in relation to others;
- Evidence of commercial success in performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
1.4 With respect to your occupation in the film industry, you must show evidence that you have been nominated for, or have been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award; Absent said documents, you must gather at least three of the following evidence:
- Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
- Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
- Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
- Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
- Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements; or Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence;
If your business requires aliens coming to accompany you, they will be admitted under the O-2 category. Those persons must be acting as an essential or integral part of the artistic or athletic performance of an O-1 artist of athlete because the alien performs support services that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1. Your spouses and unmarried children will be admitted under the O-3 status. You should file for immigrant visa during the pendency of your status, if you desire to stay in the U.S. permanently. You can use your superiority to apply for permanent residency. It usually takes the USCIS 45 to 90 days to process both E and L status applications. However, you can file for expedited processing by filing the I-907 form with submission of $1,000.00 fee.
Please be advised that if you do not meet the extraordinary ability standard, the P categories, P-1, P-2 and P-3, are reserved for you. The category covers alien athletes who compete individually or as part of a team at an internationally recognized level and aliens who perform with or, are an integral and essential part of the performance of, an entertainment group that has received international recognition as "outstanding" for a "sustained and substantial period of time.”
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EMPLOYMENT OF PHYSICIANS AND NURSES AS NONIMMIGRANTS:
We have dedicated this section for special individuals, i.e. physicians and nurses. You should know that many health care providers are experiencing a nursing shortage that is expected to increase with the growing number of aging Americans. Similarly, the demand for qualified physicians is exceeding supply.
In 2005 President Bush signed into law a supplemental appropriations bill containing a provision that recaptures 50,000 unused immigrant visa numbers. These are only available for nurses and physical therapists.
Non-immigrant Visas for Nurses: H-1B can be acquired as long as the occupation requires a four year college degree and duties encompass academic background. Must have a license to practice in your country and pass the Commission on Graduates of Foreign Nursing Schools examination, and fulfill the licensing requirements for the state where you plan to work. H-1C is granted Health Professional Shortage Areas. Canadian and Mexican professionals can apply for TN visa upon getting a letter from an employer specifying the type of employment and length of stay.
Non-immigrant Visas for Physicians: H-1B is available for teaching or conducting research at the invitation of a public or private nonprofit institution. You must be a graduate of a medical school or obtain a certificate of completion of the examination administered by the Educational Commission for Foreign Medical Graduates and must satisfy state licensing requirements. Must pass U.S. Medical Licensing Exam as well as the Clinical Skills assessment exam by the foreign physician and demonstrates competence in oral and written English.
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