Everything you need to know about becoming an immigration lawyer
Question: Help! I need an H-1B Immigration Attorney to help me.
I know there is a deadline approaching to get the H-1B’s
filed and I am not sure if I qualify and what the requirements are.
Can you help?
Answer: Yes, you should have an H-1B Immigration Attorney
help you as there are numerous requirements and if not done properly,
filling positions in “specialty occupations”
for which the alien workers have the necessary credentials.
and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
Many times an H-1B Immigration Attorney will be able to do the research to determine if in fact the position is a “specialty occupation”, and if not, the H-1B Immigration Lawyer will be able to work with the employer and employee to determine what position is best for the
Question: While I understand that an H-1B Immigration Attorney can do the necessary research to find the best position, are there some generalities as to what types of positions are best for H-1B.
Answer:
According to the latest USCIS statistics and research from various H 1B Immigration Attorneys about 43% of petitions approved were for workers in computer-related occupations.
Occupations in architecture, engineering, surveying, education, and administrative specializations constituted another 33% of the total H 1B petitions approved.
As to the detailed occupation groups, more than one-third of the approved petitions (37.8%) were for aliens working as systems analysts or programmers.
The second largest category (at 8.1%) was occupations in colleges and university education (i.e., university professors and teachers). Accountants, auditors and related occupations constituted another 4.6% of the total, electrical/electronics engineering occupations comprised 3.8% of the total, and other computer-related occupations comprised 3.5% of the total H 1B petitions approved.
The latest statistics also reveal that 45% of petitions approved in were for workers with a bachelor’s degree. 37% of petitions approved in FY 2005 were for workers with a master’s degree, 5% had a doctorate, and 12% were for workers with a professional degree (such as a medical or law degree).
However, keep in mind that even if you do not have a B.S. Degree, that an H 1B Immigration Attorney can follow the necessary procedures to submit to USCIS an equivalency for the B.S. and/or Master’s degree based on various factors such as an evaluation report, and/or a combination of work, experience and prior education.
Question: What are the numerical limitations for H-1B’s?
Answer: The 1990 Act imposed an annual limit on the number of new admissions in the H-1B category.
The Service counts petitions for initial H-1B employment in determining compliance with the annual cap.
Legislation enacted in 2004 created an exemption from the cap for 20,000 advanced degree graduates of U.S. universities.
The USCIS will exempt the first 20,000 petitions for H-1B workers who have a master’s degree or higher from a U.S. institution of higher learning.
Thus, the H-1B Immigration Attorney will attempt to get you under an H-1B requiring a Master’s or higher degree as there may be more available when the normal H-1B’s run out.
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These include:
(1) petitions for J-1 nonimmigrants who are changing status to H-1B and who obtained waivers through the Conrad 30 Program or other federal government programs.
Make certain you inform the H-1B Immigration Attorney if you fall under one of these provisions.
On April 8, 2008, USCIS announced that, between April 1 and April 7, it had received more than enough H-1B petitions to meet the standard cap and the pool of 20,000 numbers for holders of U.S. advanced degrees for FY 2009.
As a result, the agency utilized the new lottery system under a March 2008 rule to select which FY 2009 H-1B petitions would be eligible for adjudication.
Even though last year fiscal year, the H-1B’s lasted longer than normal due to the economic downturn, you should contact your H-1B Immigration Attorney as soon as possible to ensure you get in the next allotment starting on April 1.