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H-1B work visa for specialty occupation visa
Filed under: workers | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, Work Permit, work petition, Work Visa, work visa attorney | Leave a comment »
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be
aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
U.S. Citizenship and Immigration Services (USCIS) processing during the past few years created a significant backlog of cases and a consequent reduction in demand for numbers. This was one of the primary reasons the employment-based categories remained current while tens of thousands of applicants became eligible to file for adjustment of status. In the summer of 2004, USCIS notified Congress of its intent to eliminate its backlogs by the end of FY2006. This backlog reduction effort resulted in heavy visa demand in the employment-based categories,10 and as a result, we once again faced backlogs. More recently, things took an “interesting” twist when after certain backlogged categories became current in July, DOS announced that all employment-based preference categories were “unavailable” for that month.11 In the February 2008 Visa Bulletin, DOS then announced that despite two retrogressions of the India EB-2 category, demand for numbers by USCIS offices for adjustment of status had remained extremely high and as a result, the annual limit for this category had been reached.12 In March 2008, DOS then advanced some of the employment based immigrant categories, indicating that this was done to avoid a situation later in the fiscal year. However, when you are looking at the monthly visa chart, be sure to take into account that it is possible that there will be visa retrogression and you may have to wait longer.
Specialty occupation work visa
Filed under: Work Visa | Tagged: Employment-Based Categories, Immigration Attorney, Work Permit, work petition, Work Visa, work visa attorney, work visa australia, work visa cap, work visa lawyer | Leave a comment »
Question: I wish the best for the troops of the U.S. in Iraq. My concern is that I have an application going forward with the Bureau of Citizenship and Immigration Services and am wondering if that will be affected. Also, I am having a friend coming into the U.S. for a visit. Will the war affect him?
Answer: It is hard to say what effect the war will have on the immigration processes. The reality is that if you or your friend are from a Muslim related country, you will most likely have to go through more security checks and will have more difficulty in obtaining the visa. Of course this is not always true, but a person whom wants a Visitor Visa from Syria will have a harder time obtaining that visa than one whom obtains a Visitor Visa through the Philippines.
As for an application you currently have, it should not be affected. For example, if you have a work permit petition through an employer, as long as you qualify for the petition and are not inadmissible under any grounds, there should not be a problem.
Question: This sounds like ‘profiling’ by the U.S. government. Is that legal?
Answer: In some respects you are correct. The U.S. government has targeted persons of Muslim countries to special register. They have deported many people who have specially registered, but are out of status. They have expelled diplomats from Iraq and have sought to detain persons from Muslim related countries who are seeking asylum.
The U.S. government does not seem to be targeting persons whom are not from Muslim related countries. However, as we are seeing, in wartime, many of the due process rights and constitutionally protected rights of certain persons are abrogated and diminished. That is why we have to constantly fight to keep the rights of those persons who are least able to fight for themselves. Yes, the U.S. government should do what it needs to do to protect its national security. However, in many cases, in the name of national security, measures are taken which end up violating certain civil liberties and constitutional protections. These violations unfortunately do nothing to protect the national security. Thus, we must fight for the rights of all immigrants in the U.S. Otherwise, what appears to be limited and small infractions of constitutionally protected rights on a few select people could eventually be directed to the more general population of the U.S.
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Filed under: B1/B2 Visas, Immigration Law, immigration provisions, USCIS, Work Visa | Tagged: Visitor Visa, Work Permit | Leave a comment »
Question: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so, what must I do?
Answer: First, based upon your degree, you qualify for what is known as a Specialty Occupation Work Visa. This is also known as the H-1B. It is meant for positions which require specialized knowledge and where a college degree is the norm for the industry. Therefore, your position would qualify. You would need to be hired as an accountant.
Question: How do you know that an accountant is a specialty occupation?
Answer: There are many sources that can be viewed from the Department of Labor. These sources are either on the internet, or in printed publication. It basically states what the normal duties for the particular position are and what are the normal educational requirements needed to successfully perform the job.
Question: What type of company must sponsor me?
Answer: As an accountant, any company can sponsor you. Every company can use an accountant. If you had said that you had a degree in biology, your sponsoring companies would have to be much narrower. They would specifically have to deal with biology. The H-1B can be full-time or part-time.
Question: Do I have to leave the U.S. to get the visa?
Answer: Yes, you would have to leave the U.S. to get the visa. However, should you want to stay in the U.S., you can get a change of status from B2 (Visitor), to H-1B (Specialty Occupation Work Visa) Then, you would not have to leave the United States in order to start working for the company. However, if you did leave the United States, you would have to get the Visa in order to return to the United States. It is always possible to get the Visa approved at INS, but to get it denied at the Consulate. You would want to take this into consideration if you decided to leave after successfully getting your status changed to H-1B.
Question: How long does it take to get the answer from INS on whether they will approve the H-1B Petition?
Answer: Now it is taking from 6 to 9 months depending where you live. Should you want it much faster than that, you can put it through INS via Premium Processing. This is exactly what it implies. It goes to the top of the stack and is processed by INS within 15 days of receipt. All you need to do is pay INS $1,000.00 for them to process it as a Premium Process case. If they do not get the answer back to you within 15 days, then you get your $1,000.00 back.
Thus, the H-1B is a very good visa for someone with a college education to have. If you can get a sponsor related to your college degree, then you can see if the H-1B can be done. Usually, it is issued initially for 3 years and can be extended for another 3 years. In cases whereby the person has applied for Labor Certification and has waited for a considerable period of time, they can now apply for an even further extension of the H-1B. It is one of the nicest and most popular work visas available.
Filed under: H-1B, Immigration Law, immigration provisions, Specialty Occupation, Work Visa | Tagged: Specialty Occupation, Work Permit | Leave a comment »
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