Marcelle Poirier

Update on the "H1-B crisis" as of September 2007

This past April the H1- B crisis has met new proportions. The first day of the quotas opening the Department of Homeland Security received 120,000 applications for 65,000 visa quotas.

Immigration decided to treat the filing as a lottery where from all the applications received the first 65.000 were ramdomly selected. Therefore there is no possible certainty of knowing if a given petition will be considered even with the federal express confirmation of receipt.

The ramdom selection was also implemented for the individuals holding a U.S. master’s degree.
The problem encountered is that every applicant must have an alternative plan of immigration since the H1-B selection process became ramdom therefore under the same principle as a lottery.

Descriptionity

This visa is reserved for professionals. The definition of “professional” is determined by the level of academic education, work experience in a specialized field, or a combination of both. The visa is requested by the employer (sponsor).

Eligibility Requirementsars

The candidate must hold a bachelor degree or an equivalent diploma.
Or have 12 years of professional experience in a particular field related to the employment the candidate wishes to obtain in the United States.s
Or have a combination of professional experience and years of education related to the employment the candidate wishes to obtain in the United States.
This visa may also be granted if you have a combination of professional experience and significant education related to the field the candidate wishes to obtain.

Period of Validity

3 years, renewable once.

Status of dependents

There is no work authorization for the spouse of an H1-B visa holder.
Minor children can immigrate with the holder’s visa and can attend school in the United States.

Particulars

The number of H1-B visas available to foreign workers is determined each year by the American government.
However, a certain number of exemptions exist, for example, holders of a US masters degree, residents of Singapore, residents of Chile, individuals working for non-profit organizations , or educational professionals involved in the “No Child Left Behind” program.
Once the H1-B visa is obtained, the holder can start the process for obtaining a Green Card.