Everything You Need to Know About the H-1B Visa

You may already know that the maximum number of H-1B recipients has been met for the fiscal year 2019. As you work with a visa attorney, it is normal to have more questions than answers at first. Here are some things that we know right now:

Common Denials

If you have plans to work in the United States, you may need to rethink your strategy. Some occupations have more success with the H-1B visa process than others, and it’s important to know the likelihood of your visa being granted. These occupations have been repeatedly denied for several years:

  • Marketing Manager – The Occupational Outlook Handbook does not require a degree of any kind to fulfill this position, making it difficult to be approved.
  • Business Development Manager – Market research analysts have been increasingly more challenging to attain visas for, and this occupation is very similar.
  • Legal Technical Writer – This position is becoming increasingly more and more difficult to gain entry into the United States, and that includes extensions. Another problem for applicants is that the Occupational Outlook Handbook does not require a degree.
  • Computer Programmer – The USCIS has deemed that a bachelor’s degree is not required for this position, making it very difficult to be accepted.
  • Financial Analyst – Even though this position requires a degree, it may not be a special occupation if the industry you are applying to work with does not require a degree.
  • Sales – This position has never had much success with the H-1B visa application process. It may be best to revisit your job description and try a different angle.
  • The Arts – Besides fashion design and graphic design, the USCIS does not typically grant visas on these grounds.

Alternative Visas

If you were not selected in the H-1B visa lottery or if your chances of approval are low, there are other options to stay and work in the country.

  • O-1 Visa – Also known as the “Extraordinary Ability” visa, this visa can be awarded to aliens with considerable talents in the sciences, education, business, athletics, and the arts. This visa allows aliens to live and work for up to three years in the United States, especially if they may have received national or international recognition for their talents. This visa is ideal for individuals who hold at least a master’s degree and have started their own business, designed a new patent, or are considered a leading expert in their field.
  • TN Visa – The TN visa allows certain professions on the NAFTA list to be performed in the United States by Canadian and Mexican nationals. This visa expires after three years, but visa holders have the opportunity to apply for single year periods after that.
  • E-3 Visa – Australian nationals may travel to the United States to work on special jobs as long as the have a bachelor’s degree or its equivalent. These candidates must work in a STEM occupational field in order to apply. The initial visa will last two years, and extensions can be granted for two year at a time.

 

 

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