H-1B visas are the most common method for employers to hire skilled foreign national workers. On a basic level, the H-1B is reserved for “specialty occupations” within an organization. This necessitates that the position being offered to the individual requires, as a minimum for entry into that position, a Bachelor’s Degree in a specific field and the individual undertaking the position possesses a Bachelor’s Degree, or its equivalent, in that field or a closely related field. Download our 10-page guide to learn more about the timelines and deadlines for applying for an H-1B visa.
The H-1B visa is a dual intent visa, meaning the visa holder can live and work in the US while also seeking lawful permanent resident status. This is a very popular visa because of this dual intent property and because of the avenues that have been established to transition from H-1B to US Lawful Permanent Resident. The major drawback of H-1B visas is the annual cap on the number issued, and each year’s quota of visas is used up very quickly.
H-1B Visas for Science, Technology, Engineering and Math Fields
Success in today’s STEM fields depends on having the most highly skilled, innovative workforce available, and in a perfect world, country of origin would have no impact on hiring practices. The H-1B visa is still the most viable work visa available for researchers, engineers, programmers, designers and other skilled workers hoping to build their careers in the United States.
Policy changes within the United States Customs and Immigration Services (USCIS) place additional importance on making sure H-1B visa petitions satisfy the extensive requirements of the federal government. It is important now, more than ever, that you have an experienced immigration attorney who is willing to counsel you on your case and advocate for you and your petition. If you need representation or are looking to make a change, please contact us today for a complimentary consultation.
H-1B Visas for Physicians
H-1B visas are a popular avenue for physicians hoping to practice in the United States. In order to get approved for an H-1B visa a physician, you must have an existing job offer for full-time employment with a US employer such as a hospital, university, clinic, a doctor’s office, or assisted living community.
Additionally, you must have already completed your medical degree from either a US based school, or an acceptable school in a foreign country. You will need to apply for, and receive, your medical license for the state in which you plan on working too. Finally, you need to complete either the United States Medical Licensing Examination (parts I, II and III) or be eligible for the limited exceptions to this requirement (see below).
While some employers are exempt from the H-1B Cap, including a non-profit hospital with close ties to higher education institutions, many healthcare provides rely on H-1B visas for their physicians. Because the H-1B quota is quickly filled each year, it is necessary to plan far ahead if you would like to hire a doctor on an H-1B visa or if you are a physician hoping to obtain an H-1B visa. Contact FordMurray today if you have questions or need assistance with the H-1B process for physicians.
