H-1B CLIENT INFORMATION PAGE
(Temporary Professional Alien Worker )

Special Alert:  The first day that FY 2009 H-1B petitions may be filed is April 1, 2008, for employment to commence on October 1, 2008.  It is most unlikely that you will have any chance of obtaining a quota number if the application is filed any later.  It is our emphatic advice that you make application on April 1, 2008 if you wish to obtain a FY 2009 H-1B visa number.  

David F. Vedder, P.A. has prepared this paper to provide you with a summary overview of this non-immigration benefit.  It provides general legal information to help you understand the temporary professional alien worker process, but is not a substitute for personal legal advice from one of our attorneys. We strongly recommend that you obtain our advice with regard to your particular case.

Established by the Immigration Act of 1990 (IMMACT 90), the H-1B non-immigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers.

Requirement of Specialty Occupation.  The H-1 classification requires either a full-time or part-time job offer in a "specialty occupation" which is defined as an occupation that requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's or higher degree (or its equivalent) in the specific specialty, as a minimum for entry into the occupation in the United States.

The alien worker must have the credentials to qualify for the specialty occupation, including state licensure, as may be required.  Moreover, the degree or experience held by the alien should reasonably relate to the position offered. 

 

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