Prepare those H-1Bs Now
- Atty. Robert Reeves, Apr 7, 2009
Source: OFW Guide
Once again, the immigration community is bracing itself for a historical and unprecedented exhaustion of the H-1B cap. Employers can petition H-1B workers for the October 1, 2009 start date beginning April 1, 2009. Last year, due to excessive demand, the United States Citizenship and Immigration Services (USCIS) only accepted H-1B petitions for the first five business days of April. We can expect the same for this year. Until Congress acts to increase the quota, employers and H-1B workers will have to scramble for the visa numbers as soon as they become available.
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H-1B Specialty Occupation Visas
The author of this aricle is Audra R. Behne, a United States Immigration Attorney. She has granted me permission to disseminate this information that she has posted from another website. -admin
H-1B visas are temporary employment based visas. The most common H-1B visa is the specialty occupation visa. This H-1B visa requires that the immigrant have at minimum a bachelor’s degree or an equivalent in a field related to the occupation for which they are being petitioned. In addition, the occupation itself must require a bachelor’s degree or greater.
What this means is that it is not enough for the immigrant to have a bachelor’s degree or equivalent, but that the position should also normally require a bachelor’s degree to perform the duties of that position. The Department of Labor maintains a list of occupations and the general education requirements for that occupation.
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