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H-1B Petitions

Eligibility for H-1B status depends on two criteria:

1) The employee must be a "professional" with a Bachelor's degree in a specialty field (or equivalent education and experience); and

2)  The normal requirement for the job is a Bachelor's degree in a specialty field.

For example, the normal requirement for a Chemist is a degree in Chemistry, and the normal requirement for an Electrical Engineer is a degree in Electrical Engineering.  However, a person who does not have a degree, but has many years of experience in the field, may still be eligible for H-1B status.

Fast processing is crucial to the H-1B case, since the new employee cannot begin work until the H-1B petition is filed or approved.  Normally we can file the petition within a day or two after receiving the necessary information and documents (see, Summary of H-1B Procedure). 

The H-1B portability rules make it easy to hire professionals who are already in H-1B status, by allowing the employee to begin work as soon as the petition is filed.  Those who are already in H-1B status (or who had H-1B status at any time during the past year) also can avoid the H-1B quota. 



Copyright 2005 - 2009 Law Offices of James A. Bach All rights reserved

  Full Text of Portability Statute:  Section 105 of AC 21

H-1 Regulations

Affect of Merger or Other Restructuring



Related Articles
  "Portability: Can You Change Jobs Without Jeopardizing Your Immigration Status?" 

Summary of H-1B Procedures         



H-1B Filing Fees

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