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.