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Publications

February, 2009

SPECIALTY OCCUPATION H-1

The H-1 visas per year are capped now at 65,000; an additional 20,000 are available to candidates who have a master’s degree or higher. The quota is so tight that on the first day to apply, April 1st, 2009, the quota is filled on that day. The available visas for applicants who have master’s degree or greater usually close within one to two weeks of April 1st. The H-1B visas do not take effect until October 1, 2009. Medical Doctors upon the request of a federal or State agency may apply to be cap exempt. Also, H-1B applicants who will be employed by a non-profit research hospital can be cap exempt as well.

The H-1B is a person in a specialty occupation, coming temporarily to the U.S. but the applicant need not have a foreign address. A labor condition application is required to show that the applicant will not be paid at less than the prevailing wage in his/her occupation and the area where he/she would work.

If an applicant has already been admitted as an H-1B, a new petition filed by a new employer may be filed, provided the H-1B applicant is still in lawful status. The applicant may then work for the new employer without waiting for the application to be approved.

For an H-1B, a baccalaureate or higher degree is required. The job must be shown to require knowledge, both theoretical and applied, which normally may only be acquired in an institution of higher learning. The job must be shown to require a university degree or its equivalent. Experience alone may be sufficient if an equivalency agency accredited to the Immigration Service assessed that the experience and training of the applicant is equal to a college degree: three years of experience maybe considered the equivalent of one year of college if the experience has been shown to have required increasing responsibility in the position or professional recognition in the field.

An H-1B petition is initially approved for three years. The maximum extension is another three more years, an aggregate of six. So that the applicant can take full advantage of the six years, time spent abroad during this period may be subtracted from the six years. Spouses and dependent children are also entitled to the same time periods. An H-1B may extend beyond the six years if a labor certification for permanent residence or a preference petition has been filed and 365 days or more have elapsed since the filing of the labor certification or the filing of the preference petition. Then the H-1B may be extended in one year increments until permanent residence is granted or denied.

NURSES:
A nurse may qualify under H-1B if it’s a specialty occupation and he/she has a University degree or its equivalent. The NCLEX-RN exam and State licensing are required. Also nurses who are certified as advanced practice system nurses (APRN) where the employer requires this certification are also eligible. In this category clinical nursing specialties such as acute care, pediatrics, psychiatric, dialysis, gynecological etc. are included. TN-1 nurses from Canada and Mexico may be admitted without being under the H-1 quota or time limitation.

PHYSICIANS:
A physician can now obtain an H-1B visa. The prospective physician must pass the licensing exams administered by the Federal or State Medical Boards and also the Flex, Parts 1 & 2 for the U.S. Medical Licensing Examination, steps 1, 2 & 3. Oral and written English is necessary for approval, shown by passing the ECFMG exam and proof of graduation of a medical college or a license in a foreign state. For clinical care a medical license is required for where the doctor will be working. A doctor in a residency program may also qualify for an H-1B.

If you need help or advise, call us at 212-944-9420.

Our assistance is only a phone call, or e-mail communication away!


New York Immigration Lawyers > Immigration Publications > February 2009
Publications

Featured

GREEN CARD PARDONS FOR UNDOCUMENTED WHO ARE SPOUSES OR CHILDREN OF CITIZENS

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January 2012

EB-5 VISA FOR INVESTORS WHO FORM A NEW ENTERPRISE

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FINALLY - RELIEF FOR MANY UNDOCUMENTED!

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December 2011

J EXCHANGE VISAS

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SKILLED IMMIGRANT VISAS FROM CHINA & INDIA SHOULD DOUBLE IN NUMBERS WITH NEW LAW

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DEPORTATIONS REVIEWED, PROSECUTORIAL DISCRETION

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SELF- PETITIONS - PROVISIONAL RESIDENTS SEPARATED OR DIVORCED FROM U. S. SPOUSES

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November 2011

U VISAS: VICTIMS OF TRAFFICKING AND VIOLENCE

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September 2011

BPARTNERS AND INELIGIBLE FAMILY MEMBERS: B-2 STATUS & EXTENSIONS

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BUSINESS VISAS FOR START UP COMPANIES

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TRAINING VISAS (H-3)

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August 2011

ENTREPRENEURS - SELF PETITIONS

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WAIVERS

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July 2011

REMOVAL, PHYSICAL

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PROSECUTORIAL DISCRETION: FOCUSING ON ENFORCEMENT PRIORITIES

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INVESTORS : IMMIGRANT VISAS: EB-5

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INVESTOR VISAS E-2

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June 2011

NATURALIZATION, WHY & HOW

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CHILD CITIZENSHIP ACT

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ADVANCE PAROLE

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May 2011

O VISAS FOR EXTRAORDINARY ABILITY IN BUSINESS, SCIENCE, ARTS OR ATHLETICS

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SAME SEX MARRIAGE, REPRIEVE OF DEPORTATION

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K-1 FINANCE VISA AND DIVORCE

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April 2011

H-1B PETITIONS FOR FISCAL YEAR 2012

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GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

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VAWA- VIOLENCE AGAINST WOMEN ACT

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DETENTION OF IMMIGRANTS

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March 2011

REMOVAL REMEDIES

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U VISA

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February 2011

Asylum Application filed late: What are your options?

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January 2011

CONSULAR VISA PROCESSING

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PROSECUTORIAL DISCRETION

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VOLUNTARY DEPARTURE - WHAT HAPPENS IF AN ALIEN FAILS TO LEAVE?

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December 2010

DRIVING WITHOUT A LICENSE AND STOPPED BY POLICE

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H-1B VISA AVAILABILITY SOON TO CLOSE

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APPEALS TO THE BOARD OF IMMIGRATION

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November 2010

J-1 WAIVER OF THE TWO YEAR FOREIGN RESIDENCE REQUIREMENT FOR EXCHANGE VISITORS

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CO-SPONSORSHIP, AFFIDAVITS OF SUPPORT

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WORK AUTHORIZATION

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DERIVATIVE CITIZENSHIP FOR CHILDREN BORN ABROAD

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October 2010

CITIZENSHIP APPLICATIONS

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T and U VISAS, REVISIONS TO THESE PROGRAMS

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APPEALS OR MOTIONS TO REOPEN AND RECONSIDER IN ASYLUM CASES AND JUDICIAL REVIEW

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DEPORTATIONS: SHIFT IN U.S. POLICY

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September 2010

RELIGIOUS IMMIGRANT WORKERS

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INTRA-COMPANY TRANSFEREE (L-1)

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PARDON REVIEW PANEL

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August 2010

TEMPORARY VISITORS (B-1 BUSINESS, B-2 PLEASURE) AND EXTENSIONS OF STAY

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BATTERED SPOUSES, PARENTS AND CHILDREN

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FIANCE(E) OF U.S. CITIZEN (K-1)

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July 2010

GREEN CARDS, NEW, SECURE AND PRIVATE, VALID FOR TEN YEARS

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DEPORTATION ORDERS MAY BE REOPENED

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June 2010

NATURALIZATION

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May 2010

Help for Immigration cases in Arizona

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April 2010

H-1B WORK VISAS

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March 2010

U.S. CITIZENSHIP FOR FOREIGN BORN & ADOPTED CHILDREN

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February 2010

TEMPORARY PROTECTED STATUS (TPS)

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ASYLUM

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January 2010

EXTENSION OF STAY AND CHANGE OF STATUS

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December 2009

GREEN CARDS

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November 2009

H-1B, SPECIALTY OCCUPATION

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October 2009

ASYLUM WAIVER APPLICATION

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September 2009

TPS DENIALS MAY NOW BE APPEALED TO AN IMMIGRATION JUDGE

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August 2009

INTRA-COMPANY TRANSFEREES (L-1)

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ASYLUM FOR BATTERED WOMEN

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July 2009

DEATH OF A U.S. PETITIONER:

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June 2009

ARRESTS OF UNDOCUMENTED ALIENS

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May 2009

CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

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April 2009

VISITORS AND BUSINESS VISAS

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March 2009

RAIDS AND ROUNDUPS, IMMIGRATION

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February 2009

SPECIALTY OCCUPATION H-1

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January 2009

DEPORTATION ORDERS REOPENED

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December 2008

DIVORCE DOES NOT AUTOMATICALLY INVALIDATE

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November 2008

WHAT WE MAY EXPECT FROM PRESIDENT-ELECT OBAMA’S FIRST TERM

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CANADA OR MEXICO THREE YEAR PROFESSIONAL WORK VISAS

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October 2008

NEW BUSINESS START UP: L OR E VISAS

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September 2008

EXTENSIONS OF TEMPORARY STATUS

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August 2008

CHILDREN OF U.S. CITIZENS

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July 2008

MOTIONS TO REOPEN BASED ON CHANGE OF CIRCUMSTANCES AND NEW EVIDENCE

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June 2008

CHILD STATUS PROTECTION ACT, RECENT REVISIONS

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SPECIALIZED KNOWLEDGE FOR INTRA-COMPANY TRANSFEREES

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May 2008

EXTRAORDINARY ABILITY

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LABOR CASES - HIGHER EDUCATION

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April 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

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March 2008

IMMIGRANT, PUBLIC BENEFITS

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February 2008

IMMIGRATION INJUSTICE CORRECTION

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January 2008

FAST ACTION FOR IMMIGRATION DELAYS

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December 2007

BATTERED SPOUSE OR CHILD

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REVIEW OF GREEN CARD DENIAL

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November 2007

DIVERSITY VISA PROGRAM, 2009 LOTTERY

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September 2007

DETENTION AND REMOVAL, HELP AVAILABLE

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August 2007

A WAY TO OBTAIN RESIDENCE

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July 2007

EMPLOYMENT VISAS

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June 2007

IMMIGRATION REFORM

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