There are several requirements that must be met to apply for the H-1B visa. First, you must be a valid employee of a United States employer that is petitioning for your visa. You must also have at least a Bachelor’s degree in order to be eligible for this type of status. Not only do you have to have a Bachelor’s degree, but your field of employment must also be related to the degree that you have acquired. In order to prove that your degree and your job are in the same field, you must detail your job description and duties and provide evidence that these two fields are related in some way. The fourth requirement for an H-1B visa is that your income must fall into the Foreign Labor Commission data center’s wage requirements for your specific job in the location of your employment. Finally, your application must be one of the 65,000 visas that is chosen each fiscal year. However, as a result of this cap, not everyone is accepted into the H-1B visa program.
Many people are disappointed that their applications for H-1B status have not been selected. Due to the high demand, it is a reality that many people will not be selected in the H-1B lottery. What does a person do? There are a few alternatives that need to be considered with an immigration attorney, but some persons may be eligible to extend their student status, or F1 status. Others may be able to change their status or extend their stay in the United States if here as a visitor.
Other persons may also qualify depending on their qualifications for other visas, such as O1 visas, for persons with extraordinary ability in the arts, sciences, or athletics, or in business. The bottom line is that there are some alternatives. Some may not be perfect, but some may be. People really do need to discuss it with an immigration attorney to see if there are, or there is, an alternative for them.
If you are in need of experienced legal counsel for matters of immigration, please contact the Law Offices of Salvatore A. Falletta, LLC.