Homepage
Click here for all Professional and Business
Categories
Read our
Blog
List of
Occupations for which the US Department of
Labor determined that there is a shortage
in the United States
List of
Occupations for which the US Department of
Labor determined that there is no shortage
in the United States
DISCLAIMER: .
The
contents of this site relating to immigration into the
USA are provided for information only, Information
has been greatly condensed from various sources readily
available to the general public and should under no
circumstances be conceived as legal advice or legal
direction.You should also be aware of government changes which have occured between 2016 and 2021!
|
Immigration
Information on Obtaining Legal Temporary Employment with
an H-1B Visa (Temporary Non Immigrant) in the United
States of America
What is an H-1B Visa
|
* |
 |
The H-1B
nonimmigrant category is a limited duration temporary
work visa for foreign workers in
"specialty occupations". H-1B workers
do not need to maintain a foreign residence during their
period of stay in the U.S., a requirement imposed on many
other nonimmigrant categories. In addition, H-1B
workers may, after their arrival in the United
States, seek permanent residence, concurrently
with holding H-1B status.
The basic
requirements to be considered for for an H-1B Visa are:
- The foreign
Applicant must have a job
offer, in writing, from an
employer in the United States who is
willing to Petition ( I-129) the
Immigration and Naturalization Services for the
granting of an H-1B Visa on his behalf.
- The position
offered by the potential employer must
fall under a category called "special
occupations" which covers job
positions for which there is a special need or a
shortage of United States Citizens or legal
aliens living in the United States being able to
perform that job. The foreign
applicant must prove that he or she is qualified
for the specialty occupation and the particular
job offered. One essential help is to
obtain a credentials evaluation of their foreign
university degree, to show that it is equivalent
to that of a U.S. degree. This
credential evaluation is performed by special
professional evaluation services in the USA and
can cost from $200 up, depending on the
complexity of the evaluation.
- If
the worker resides abroad, the H-1B visa must be
obtained through a U.S. Consulate. After receipt
of the INS approved I-129 Petition, the applicant
alien worker will have to go to the
Embassy/Consulate listed on the I-129 Petition to
have the visa issued and stamped, after which,
they may enter the U.S. .
Major Occupational
Groups which are considered "SPECIALTY
OCCUPATIONS":
PHARMACISTS,
PHYSICAL THERAPISTS, OCCUPATIONAL THERAPISTS,
SPEECH-LANGUAGE PATHOLOGISTS, MEDICAL TECHNOLOGISTS,
OTHER HEALTHCARE PROFESSIONALS
COMPUTER AND SOFTWARE PROFESSIONALS
The
majority of employment-based Visa processing is routine,
if:
the job offered meets
the appropriate non-immigrant requirements;
the candidate is
verifiably qualified (by education and/or
experience); and
the employer is
verifiably sound with adequate resources to
pay the offered salary.
In these
cases, there should be no reason to spend additional
funds to hire an immigration attorney. If any of
those items are questionable, an attorney has to be
consulted, which will increase the costs
substantially.
Costs of
obtaining an H-1B Visa, after a valid job
offer has been obtained,
when using a reputable Immigration Assistant Service (not
an Immigration Lawyer) is approximately US $
2,550. This normally includes all fees and
courier services. The services used by JobLine
International for its clients have a very high
reputation and have been in business for many years.
Read the Disclaimer
Registered
Nurses
Many health organizations and hospitals H-1B
visa petitions have been denied based on the fact that
even though the nurse may possess a bachelor's
degree, the job (regular staff nurse) does not require
a bachelor's degree.
According to current INS regulations,
nursing is not a "specialty occupation" and
does not require a bachelor's degree.
Therefore a Registered Nurse is not qualified for the
H-1B visa category. In cases of supervisory or
management positions, or in subspecialty areas, the
bachelor's degree may, indeed be required and the
position may therefore, qualify, if the
petitioning hospital or employer can verify / confirm the
bachelor degree requirement to the satisfaction of INS.
Before paying anyone to process an H-1B
visa for a nurse, make sure to check out all the
requirements of the particular job offer and job
description!
Go here for more
details on Nursing Jobs in the USA
|