If you work in a specialized field – perhaps one that is technically demanding or that required many years of education or training – you’re probably in a good position to immigrate to the US. That’s not only because your skills are in-demand and you’re unlikely to be poor when you first come here, but it’s also because you may be able to bring your spouse or family here, too. An H-1B visa can make all of that possible. It’s considered a work visa or professional visa, but it can also help your other immigration goals click into place.
If you need help applying for a green card, contact me, Boston immigration attorney Giselle M. Rodriguez. I help clients with the full range of immigration challenges, including H-1B visas. I am bilingual (English & Spanish), and work with clients throughout Greater Boston and Massachusetts. Contact me today to discuss your case, or read on to find out more about H-1B visas.
You may be seeking an H-1B visa whether you’re already experienced in your career or are new to it, but are fully qualified and credentialed. You may have an existing employer (who wants to help you immigrate to the US), or you may have a job offer that depends on your getting an H-1B. You may be immigrating from an impoverished country, or one with an advanced economy, a rigorous educational system, and a competitive workforce. In any case, you have skills that you want to bring to the US, and US employers and the US government generally would like you to do so.
There are 3 main challenges you’ll face on your way to getting an H-1B visa:
1. The cap-and-lottery system, in which the US government grants only a limited number of H-1B visas each year, on a random basis, assuming the applicant is qualified. You can do everything correctly and still not be granted an H-1B, simply because your number was not drawn, though there are some exceptions.
2. Coordinating with your employer and avoiding duplicate petitions. As you may know, your employer needs to petition on your behalf: to work with USCIS and possibly with your immigration attorney to complete the application and other requirements. But some employers have tried to “game” the lottery system by submitting multiple petitions for the same immigrant, so as to increase the chances of one’s lottery number being drawn. Of course, that cripples the immigrant’s chances of being approved for an H-1B, and so your immigration attorney will need to make sure that you have only ONE petition.
3. Applying for an H-1B is tricky, as it is with all visas. In addition to the confusing forms, the employer’s required paperwork, and the written and unwritten rules of the interview, you need to demonstrate that your skills are relatively rare and are beneficial to the US economy. A successful H-1B application involves a lot of organization, some luck, and a little bit of persuasiveness.
(By the way, speaking of “confusing”: if you are from Chile or Singapore, you’ll need to apply for an H-1B1 visa, rather than for an H-1B visa.)
Wherever you are in the process of applying for an H-1B visa, I can help you. Whether you are starting your career or are a well-established professional, or you are immigrating by yourself or you want to bring over your family, the next step is the same: avoid mistakes and maximize your chances. Contact my office in Boston to get started.