Professional Visa (H1-B visa)

Update on the “H1-B crisis” as of September 2007

  • This past April the H1- B crisis has met new proportions. The first day of the quotas opening the Department of Homeland Security received 120,000 applications for 65,000 visa quotas.
  • Immigration decided to treat the filing as a lottery where from all the applications received the first 65.000 were ramdomly selected. Therefore there is no possible certainty of knowing if a given petition will be considered even with the federal express confirmation of receipt.
  • The ramdom selection was also implemented for the individuals holding a U.S. master’s degree.
  • The problem encountered is that every applicant must have an alternative plan of immigration since the H1-B selection process became ramdom therefore under the same principle as a lottery.
  • Description

    This visa is reserved for professionals. The definition of “professional” is determined by the level of academic education, work experience in a specialized field, or a combination of both. The visa is requested by the employer (sponsor).

    Eligibility Requirements

  • The candidate must hold a bachelor degree or an equivalent diploma.
  • Or have 12 years of professional experience in a particular field related to the employment the candidate wishes to obtain in the United States.
  • Or have a combination of professional experience and years of education related to the employment the candidate wishes to obtain in the United States.
  • This visa may also be granted if you have a combination of professional experience and significant education related to the field the candidate wishes to obtain.
  • Period of Validity

  • 3 years, renewable once.
  • Status of dependents

  • There is no work authorization for the spouse of an H1-B visa holder.
  • Minor children can immigrate with the holder’s visa and can attend school in the United States.
  • Particulars

  • The number of H1-B visas available to foreign workers is determined each year by the American government.

  • However, a certain number of exemptions exist, for example, holders of a US masters degree, residents of Singapore, residents of Chile, individuals working for non-profit organizations , or educational professionals involved in the “No Child Left Behind” program.

  • Once the H1-B visa is obtained, the holder can start the process for obtaining a Green Card.