H-1B Visas for Highly Skilled and Graduate Professionals – 12 Years Progressive Experience or BA Degree or Higher *

H-1B Graduate Visa - If you have a BA Degree or higher or 12 years progressive experience leading into management then the H-1B is definitely a great visa to consider. However, the immediate challenge for most people is finding that initial job offer.

Let me start by first explaining what the H-1B visa is and who could be entitled to receive one. The H-1B visa is essentially a temporary work visa for BA graduates and for those non-graduate professionals and skilled workers who have at least 12 years experience in their field. The H-1B visa is available to US employers who wish to recruit overseas talent. The H-1B visa quickly became the most popular employment US visa for non-immigrants and was almost taken for granted by employers and employees alike until very recently.  As the popularity of the H-1B visa grew Congress passed legislation that from 1998 – 2004 the annual quota for the H-1B visa would be increased from 65,000 to 195,000 to cope with the demand. The legislation had a ’sunset clause’ meaning that Congress would have to vote on the increased quota in 2004. If Congress failed to pass a vote the quota would automatically return to 65,000.   

H-1B is the ideal visa for anyone with a BA coming to the US to do a BA level job or a skilled worker with 12 years experience culminating in a senior or management role.

After 9/11 in 2001 all the momentum in the expansion and development of  US Immigration vanished overnight and when Congress came to vote on extending the H-1B visa quotas there was simply no appetite to expand the influx of foreign workers. The H-1B visa quota was allowed to return back to its original level. By 2004 the demand for the H-1B had long since exceeded 65,000 per year so that when the quota was reduced the time it took to exhaust the quota got shorter each year. The H-1B visa quota is released annually on April 1. In 2005, the H-1B visa quota was exhausted within four months of release and after that (2006) the quota was exhausted in six weeks. Then in April 2007 the quota was exhausted three times over on the very first day of release. In 2008, the quota was exhausted in 5 days, mostly because many potential applicants decided that the H-1B visa had turned more into a lottery and than a serious visa option. Demand had completely outstripped supply and many companies, even today, are suffering because they cannot hire the talent they need to remain internationally competitive. For 2009, the up-take of this visa has slowed down and H-1B’s are taking much longer to be exhausted, which is great news for our clients. 2010 has been very similar to 2009.  Today H-1B visas should be available for around six months of the year or so between April and October, we don’t know for sure but this appears to be the pattern so far this year (2010).  You can monitor the H-1B visa quota by clicking here.

If you have a job opportunity and your employer needs you fast, maybe the H-1B visa is right for you.

H-1B visas are very attractive because US employers are not required to first offer the job to US citizens. However, the US employer is required to pay the alien the local prevailing wage. In fact, I got my start with a US law firm through the H-1B visa program. When issued, the H-1B visa lasts for three years initially, and can then be extended for a further three years in annual increments for a total of six years. This is typically more than enough time for the employer and employee to work with their immigration attorney to prepare and complete any green card application, thus enabling the employee to settle permanently in the US.

H-1Bs for Non-Profit Organizations:

As soon as the H-1B visa is approved, employers and employees are always encouraged to get the ball rolling on preparing a green card application, as in some cases this process can take 1-5 years, depending on the prevailing backlog at the time. Non-Profit Organizations are exempt from the H-1B visa quota therefore these visas are available all year round. This exemption provides another tremendous opportunity for people to be in education, the arts, animal care, the health industr or charities just to name a few that are commonly formed as Non-Profit Organizations.  

Now is the time to be looking for your opportunity to relocate to the US using the H-1B visa.

Please contact my office as soon as possible to schedule a free consultation so that we can discuss your options further.

Highly Skilled and Graduate Workers Home Page

 By Chris M. Ingram, LL.M., ESQ.
Attorney at Law

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Admitted in New York
Practice Specializing in US Immigration Law
Suite 300, 23822 Valencia Blvd,
Valencia, California 91355
Tel: 661 254 8064

Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients. 

General Location: Santa Clarita, Los Angeles, California, USA.
Serving all 50 States
Copyright 2010

Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank You.