Many foreign professionals currently in the United States are eligible to obtain the H-1b visa and do not know it. Individuals that qualify for the H-1b visa may be outside of the US or inside with another valid visa. Candidates that qualify for the H-1b visa are authorized to live and work in the US for a maximum of 6 years. During the 6 years, the H-1b visa holder may obtain an approved Labor Certification from the Department of Labor and ultimately be eligible to apply for lawful permanent residence (Green Card).

The H-1b visa is an extremely beneficial visa available to foreign professionals wishing to work and live in the United States. To qualify as a professional, the applicant must have a Bachelors degree from a US university or the equivalent from a foreign institution. Individuals that do not have a Bachelors degree from a US university or from a foreign institution can use their years of experience in the field as equivalent. US Immigration laws accept three years of experience as equivalent to one year of education.

Therefore, even if the applicant has never stepped foot in a university in the US or abroad, the applicant can still qualify for the H-1b visa as long as he or she has twelve years of experience in the field. For individuals that have some university training, Immigration laws accept three years of experience as equivalent to one year of university education. This means that an applicant that has two years of university and 6 years of on-the-job experience will qualify as a professional for the H-1b visa. In addition, the H-1b applicant must have a job offer from a US company closely related to his or her field of profession.

Advantages of the H-1b visa: An H-1b visa holder is able to come in to the US and work and live legally for a maximum of 6 years. Professionals that are currently in the US with other types of visas are eligible to apply for and obtain their H-1b visa from inside the US without having to leave the country or return to their native country for an interview. In addition, the H-1b applicant is able to bring his immediate family to the US to live legally as H-4 dependents. However, the family members are not authorized to work in the US unless they also qualify for and obtain an H-1b visa independently.

In addition, the H-1b visa holder is eventually able to obtain lawful permanent residence (Green Card) since the H-1b visa is not subject to the doctrine of non-immigrant intent. To obtain a Green Card, the H-1b visa holder must obtain an approved Labor Certification from the Department of Labor while he or she is working with the H-1b US company. Upon receiving the approval, the H-1b visa holder may then obtain the Green Card within a few months to a few years depending on his or her education and experience history.

Requirements for an H-1b visa:

Have entered the US with a valid visa (ex: tourist, student, etc); Have not overstayed the authorized period of time listed on the visa; Have 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; If does not have a Bachelors degree from US or abroad, have 12 years of experience in the field (seen as an equivalent to the Bachelors degree for Immigration purposes); Have a job offer with a US company that is closely related to their educational background; and Apply for a change of status to the H-1b visa or for consular process if outside of the US by April 1st, 2008.

If you are currently in legal immigration status, are a professional, and have a job offer from a US company, you may be eligible to obtain the H-1b visa. If so, keep in mind that the Department of Homeland Security allots 66,000 H-1b visas per fiscal year. The first day the USCIS accepts visa applications for the H-1b is April 1, 2008. Hence, you must have your case already completed and ready for submission by that date.

In the global world we live in today, employment of foreign talent is extremely common in the US. If you wait to begin your H-1b visa process, you may end up like the hundreds of thousands of persons whose applications were denied last year simply because the quota (66,000) had been reached before noon the very first day that USCIS began accepting these visa applications. If you satisfy the requirements set out by US Immigration laws and have a job offer in the US, begin your H-1b case today.

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 US companies who employ 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 1-866-482-8472. Initial Consultation is FREE.

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