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Filing an H-1B in 2008: Employee Requirements In our previous articles in the H-1B series, we have covered the requirements for the employers and positions of H-1B workers. In this article, we will discuss the basic requirements an employee must meet to get an H-1B. Education An alien must have at least a bachelor’s degree, or equivalent professional or educational experience. The alien must fulfill this requirement when the H-1B application is submitted. Foreign degrees count if they are evaluated as equivalent to U.S. degrees. Here are some examples of H-1B applicants who meet the education requirements:
Advanced-Degree Quota A bachelor’s degree or equivalent professional/education experience is the minimum for an H-1B. However, keep in mind that if you have received a master’s degree or higher from a U.S. institution, you can be granted an H-1B visa under the advanced-degree quota. For example, both of these people would qualify for the advanced-degree quota:
People who have obtained an advanced degree in Canada (and have not obtained one in the United States) do not qualify for the advanced degree quota. For example, Dr. Kim obtained his master’s degree and Ph.D. from the University of British Columbia. His degrees were evaluated as equivalent to U.S. master’s and Ph.D. degrees. However, Dr. Kim will not be eligible for the advanced-degree quota, since he did not obtain an advanced degree from a U.S. university. Last year, the normal H-1B quota was filled on the very first day that USCIS accepted applications, whereas the advanced-degree quota remained open for four weeks, and the vast majority of applicants in this category did not have to submit to a lottery system (only the advanced-degree applications received on the day the quota ran out were subject to a lottery system). So if you qualify for this category, make sure to mention your degree on your application. Your chance of being allotted a spot under the quota will be much higher if you qualify for the advanced-degree quota. Status To successfully apply for an H-1B, you must have held legal status for the entire time you have been in the United States. You must also prove that you will have legal status up to and including September 30, 2008—right before the H-1B visa goes into effect on October 1. If you cannot prove this, your employer may still submit your H-1B application. However, when your H-1B application (not your change of status application) is approved, you must leave the United States, apply for an H-1B visa at a U.S. consulate, and reenter the United States using the H-1B visa. If your status will expire before September 30 of this year, and leaving the United States seems too costly, you might consider enrolling in an F-1 program or changing to another status. For example:
Let Zhang & Associates Help You Through the H-1B Process Zhang & Associates’ immigration attorneys can give you more information about H-1B requirements and how they apply to you. We can also ensure that your complete and accurate H-1B petition arrives at USCIS on April 1, 2008, giving you the best possible chance of approval. If you plan to file an H-1B petition in 2008, you can email us at freeevaluation@hooyou.com for a free consultation with one of our experienced immigration attorneys. We respond to most inquiries within 24 hours. --------------- At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM and I-485 cases. In the past twelve years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation. Houston: 7324 Southwest Freeway, Suite 1088, Houston, TX 77074 In the moment of dynamics, our clients can always count on us. (02/01/2008) For more immigration news, please click here |
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