Professional visas

H-1B Temporary Worker Visa
This is one of the most common visas for persons with professional degrees. The visa seeker must show that he or she is qualified for the specialty occupation and the specific job offered by the employer. As prove of his qualification, the employee must be able to show that his or her foreign university degree is the equivalent to an U.S. degree by obtaining credentials evaluation of his or her education.

If the worker is in the U.S. and currently holds a valid nonimmigrant visa status, he or she may apply in the U.S. for the H-1B visa. For example, if he or she is in lawful student status (F-1) the worker may seek a change from F-1 to H-1B. This change only gives the person the ability to work in the U.S. for the sponsoring employer. If the worker needs to travel abroad, he or she will need to apply for an H-1B visa at an U.S. Consulate. Workers not in lawful status in the U.S. or those residing abroad, apply for an H-1B visa at an U.S. Consulate.

The professional alien can not self apply for this visa. A U.S. employer who has a U.S. taxpayer identification number should apply for him or her. Foreign businesses not established in the U.S. cannot use this visa to bring employees here.

The employer also needs to obtain an approved Labor Condition Application. - The employer must prepare and file a Labor Condition Application (LCA) with the Regional Office of the Department of Labor (DOL). The LCA is a form, which must be carefully prepared and posted in two conspicuous places at the work site. The form requires the employer to describe the position and the salary. The LCA also requires the employer to attest to complex facts concerning the wage, working conditions, labor conditions and the giving of notice.

Once the LCA is approved, the employer files a petition with the Immigration and Naturalization Service. The employer must document that the position requires the services of a person in a “specialty occupation”. This means a person who is working in a professional position and who has a minimum of bachelor’s degree or its equivalent.

The initial petition may be approved for up to three years. After the initial period three or more years are available. The employer must update or re-file the LCA and must file H-1B petition extensions. After six years, the worker must spend one year outside the United States before he or she is entitled to have another H-1B visa. Many workers on H-1B visas obtain permanent resident visas (the “Green Card”) during their initial stays in the U.S. The H-1B employee’s spouse and unmarried children under 21 years old may be granted an H-4 visa. An H-4 visa holder is not permitted to work in the United States. They may, however, attend school.

Members of the Professions Holding Advanced Degrees or Aliens of Exceptional Ability
Members of the professions holding advanced degrees or their equivalent, or who because of their exceptional ability in the sciences, arts or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the U.S. and whose services are sought by an employer in the U.S. The position must require a member of the professions holding an advanced degree and the person must possess an advanced degree as shown by a master’s degree or its equivalent. A person with a bachelor’s degree plus at least 5 years of professional experience in the profession has the equivalent of an advanced degree.
Applicant must have a job offer and labor certification. However, AG may waive requirement if it is in the national interest.