H-1B CATEGORY

Posted By Attorney Norka M. Schell
Law Offices of Norka M. Schell
http://www.lawschell.com/

The H-1B nonimmigrant visa category is limited by the terms of the statute to aliens coming to the United States to perform services in a "specialty occupation" for which the alien workers have the necessary credential.

The workers in this category may be filing permanent positions in the United States, as long as they depart the United States at the end of their authorized periods of stay, including any extensions of stay. H-1B workers do not need to maintain a foreign residence during their period of stay in the United States and they may seek permanent residence concurrently with petitioning for or holding H-1B status.

Aliens seeking to perform services in a specialy occupation must establish that they have the qualifications to undertake the services required for that specialty occupation. At a minimum, an alien in a specialty occupation must document that she has he or she has full state licensure to practice in the occupation, if such licensure is required to practice. The alien must also establish that he or she has completed the degree required as the minimum standard for entry into the occupation in the United States, or has experience in the specialty equivalent to the completion of such degree and recognition of expertise in the specialty through progressively responsible positions in the occupation.

Foreign medical graduates seeking admission to engage in direct patient care and health care workers (other than physicians) must meet certain additional requirements to be eligible for H-1B status. On April 2, 2012, the United States Citizenship and Naturalization Services started to accept H-1B petitions for the 2013 fiscal year.

If you need more information about H-1B petition, please contact Law Offices of Norka M. Schell at
(212)564-1589.