To qualify for an H-1b visa, the foreign talent must fulfill the following requirements:

Resides abroad or has entered the US with a valid visa (ex: tourist, student, etc); Has not overstayed the authorized period of time listed on the visa; Has a Bachelors degree from a US university or the equivalent from a foreign university, in which case the credentials must be evaluated by an independent company; OR if does not have a Bachelors degree or the equivalent, have 12 years of experience in the field (seen as an equivalent to the Bachelors degree for Immigration purposes); Hase a job offer with a US company that is closely related to the applicant’s educational background; and Applies for an H-1b visa from abroad or change of status to the H-1b visa if already in the US with another visa, by April 1st, 2008.

Once it is determined that the applicant satisfies all the requirements for the H-1b visa category. A three step procedure must be done by the US employer. Specifically, the US employer must do the following:

1. Submit a Labor Condition Application (LCA) to the regional office of the U.S. Department of Labor (DOL) for approval. In the LCA, a one-page document, the employer attests that you will receive the same wages and working conditions as similarly situated U.S. workers, that there is no strike or lockout of such workers, and that other workers have been notified of the submission of the LCA to the DOL.

2. Obtain the approval of H-1B petition from the United States Citizenship and Immigration Services (USCIS). The petition should describe your employer, the proposed employment, and your qualifications. Supportive documents such as the approved LCA a letter offering employment, a copy of applicant’s diploma, financial records of employer).

3. If the applicant is currently in the US with another sort of visa, the employer may request a change of status for the applicant to H-1b visa. The applicant may obtain the H-1b visa without having to leave the US. However, if the applicant exits the US after obtaining H-1B status, applicant must obtain an H-1B visa at the US Embassy abroad in order to return to the U.S. Only if the applicant has violated or overstayed his or her immigration status does he or she have to exit the US to obtain the H-1b visa at the US Embassy or Consulate abroad.

The USCIS begins accepting H-1b visa applications on April 1st each year. The US allots only 66,000 visas for the H-1b visa category. Hence, the full application process must be completed and submitted to the USCIS as close to April 1st, 2008 as possible if not on April 1st, 2008 to have more chances of being one of the first 66,000 applications to be approved.

About the Author:

Attorney Sonia M. Muñoz is the President of Immigration Legal Council, LLC. (ILC), a South Florida-based law firm, handling cases in all 50 states. The firm is very active in protecting the rights of Immigrants and in assisting foreign professionals to legally enter and work in the United States. You can find more information about ILC and different methods of entry into the US on their website at www.ilclawfirm.com, or by calling us at 1-866-482-8472 (VISA). Initial Consultation is FREE.

###

© 2007-2008 Immigration Legal Counsel, LLC. All Rights Reserved