Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

H1b Immigration Lawyer assists you in order to fully grasp just what exactly you have to have in order to do in order to get the H-1B submitted in time

Question: Help! I need an H-1B Immigration Lawyer to help me. I know at this time there is usually a deadline drawing near in order to acquire the particular H-1B’s filed in addition to I feel not positive if I meet the criteria in addition to exactly what the actual prerequisites are usually. May you aid?

Answer: Certainly, you should have an H-1B Immigration Lawyer support you seeing that there are many needs and if not executed accordingly, the particular event will either be declined or even denied. The H-1B classification is confined to alien employees filling positions in “specialty occupations” with regard to which in turn the alien people have got the essential credentials. The “specialty occupation” is identified by the INA because an occupation which entails: theoretical and also practical application of the body of exceptionally specialized expertise; as well as accomplishment involving a bachelor’s or even higher degree in the particular specific specialty (or its equivalent) as a lowest for entry into the particular career in the United States. Many times an H-1B Immigration Lawyer will be able to be able to do the research in order to figure out if in fact the actual job is a specialty occupation,, in addition to if not, the actual H-1B Immigration Lawyer will end up being capable in order to work with the particular boss in addition to employee to ascertain what job is ideal with regard to the actual H-1B.

Question: While I realize that an H-1B Immigration Law firmy can do the actual necessary research to find the actual ideal job, are there some generalities as to what varieties associated with opporutnities best intended for H-1B’s?

Answer: With the particular elimination of entertainers, artists, and athletes from the actual H-1B category, over 50 percent associated with the previous users associated with the actual category have been removed from its coverage. In accordance to the actual latest USCIS figures in addition to research from different H-1B Immigration Law firms about 43% associated with applications approved have been for employees in computer-related jobs. Jobs in architecture, engineering, surveying, education and learning, and also administrative specializations constituted yet another 33% of the total H-1B petitions approved. As in order to the detailed profession groups, more than one-third associated with the approved applications (37.8%) had been intended for aliens functioning because systems analysts or programmers. The second biggest type (at 8.1%) had been jobs in colleges in addition to college or university training (i.e., college or university professors in addition to teachers). Accountants, auditors in addition to related jobs constituted an additional 4.6% of the actual total, electrical/electronics engineering jobs comprised 3.8% associated with the actual total, and also other computer-related occupations comprised 3.5% associated with the actual total H-1B applications approved. The actual latest data also reveal that 45% of applications approved in were with regard to employees with the college degree. 37% associated with petitions approved in FY 2005 had been pertaining to laborers with a master’s degree, 5% had a doctorate, in addition to 12% had been with regard to individuals with a professional degree (such because a medical as well as law degree). However, keep in mind that even if you do not have the B.S. Degree, that an H-1B Immigration Lawyer can follow the actual essential procedures to submit to be able to USCIS an equivalency for the B.S. and/or Master’s degree dependent on a number of factors such as an evaluation report, and/or the blend of work, practical knowledge and previous education and learning.

Question: What are the particular numerical constraints pertaining to H-1B’s?

Answer: The USCIS will exempt the actual first 20,000 petitions for H-1B individuals which have the master’s degree or perhaps higher from the U.S. institution of higher learning. After those 20,000 slots are filled, the particular USCIS may utilize petitions with regard to H-1B laborers with a master’s degree or perhaps higher against the actual annual cap of 65,000. Thus, the actual H-1B Immigration Law firm will attempt to obtain you under an H-1B requiring the Master’s or even higher degree because there may be additional available when the actual normal H-1B’s run out.

Petitions pertaining to J-1 nonimmigrants who are replacing status in order to H-1B in addition to who attained waivers via the Conrad 30 Program or perhaps other federal government programs. Make certain you inform the actual H-1B Immigration Law firm if you fall under one of these provisions.

On April 8, 2008, USCIS announced that, between April 1 in addition to April 7, it had obtained additional than enough H-1B applications in order to meet the particular standard cap and the pool associated with 20,000 numbers intended for holders associated with U.S. advanced degrees for FY 2009. Because the result, the actual agency utilized the new lottery system under the March 2008 rule to be able to select which FY 2009 H-1B applications would be eligible intended for adjudication.

Even though previous year fiscal year, the particular H-1B’s survived longer than normal due to be able to the actual economic downturn, you will need to contact your H-1B Immigration Attorney as soon because possible to be able to ensure you obtain in the next allotment starting on April 1.

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