The Future Looks Bright, But We Still Live In The Present
The future looks bright for immigration. Congress seems to be ready to enact positive reforms to U.S. immigration laws. The Senate has already reintroduced the AGJOBS Bill that could help many undocumented immigrants in this country. Additional visas for some of the categories that are currently backlogged are also a very real possibility - either as a result of separate legislation or as part of a Comprehensive Immigration Reform Bill. The future is, indeed, looking very, very bright.
However, that is the future and we still live in the present. Right now, there are no H-1B visas available to qualified alien professionals in this country. Right now, there are no immigrant visas available for professionals with approved labor certification applications. We have to figure out what to do about this right now; not everyone can afford to wait for Congress to act.
Fortunately, there are some strategies that are available right now. They are not easy, they are not available to everybody, but they are available to many - and if they are available to you, these strategies will help you, or your relative or your employee, to remain in the United States and perhaps even achieve lawful permanent residency without having to wait for Congress to act.
In order to obtain lawful permanent residency (i.e., a "greencard") in the United States, most aliens need to maintain lawful nonimmigrant status until applying for their greencard. If the alien intended to apply for a greencard based on a job offer, this usually meant they would change their status to H-1B and apply for their greencard while in H-1B status.
What is H-1B Classification?
H-1B is a nonimmigrant classification used by foreign workers who will be employed temporarily in a "specialty occupation" or as a fashion model of distinguished merit and ability in US. Currently, United States Citizenship and Immigration A "specialty occupation" is defined as an occupation that requires theoretical and practical application of a body of specialized knowledge along with attainment of at least a bachelor's degree or its equivalent.
For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are considered "specialty occupations."
H-1B classification can be granted for up to a total of 6 years. This is usually plenty of time to complete greencard processing
How many H-1B's are issued per fiscal year?
The number of H-1B visas issued each year is subject to a numerical cap that is determined by Congress and it is currently set at 65,000. Every October 1st (the beginning of the fiscal year for the Department of Homeland Security) 65,000 visas become available for use that year. Unfortunately, there is such a high demand for H-1B visas that we run out of these visas in just a few months. In fact, in 2006, we ran out of visas nearly 6 months before they became available.
What do I do if there are no H-1B visas available?
This, of course, is the problem. Fortunately, there are some available solutions. Some of the obvious ones are extending your current B1 or B2 (visitor) status or changing your status to F1 (foreign student). These types of applications have not always been easily granted by the Department of Homeland Security (DHS) so they haven't always been very good strategies. However, DHS has recently become a bit more liberal in adjudicating these applications and this makes them viable strategies again.
What is H-3 classification?
Another viable strategy, in appropriate cases, is H-3 classification. H-3 is a nonimmigrant classification for an alien who seeks to enter or remain in the United States at the invitation of an organization or individual for the purpose of receiving training in any field of endeavor. There is no quota for H-3 visas. Any alien who does not possess substantial training and expertise in the proposed field of training is potentially qualified for H-3 classification. A bachelor's degree in not required
H3 classification can be granted up to a maximum of two years. After two years, no extension, change of status, or readmission to H status will be granted unless the alien resided and is physically present out of the U.S. for 6 months.
How do I know which strategy will work best for me?
This is where your immigration lawyer can help you. All of the strategies I have discussed in this article have been used successfully by thousands of aliens, but which strategy is best for you depends on your individual circumstances and your individual needs. No two cases are alike. I have been practicing immigration law for more than 12 years and I have handled thousands of cases. I have never seen two cases that were exactly alike.
All immigration lawyers make themselves available for consultations to help you determine which course is best for you. Many immigration lawyers offer consultations free of charge. Some even conduct seminars for the purpose of educating the immigrant community about the options which may be available to them. In fact, I will be conducting such a seminar on January 26, 2007, 2 P.M. at CSI Professionals, Inc. on 3255 Wilshire Blvd., Suite 1520, CA 90010 and I plan to cover many of these topics at that seminar.
However, whether you attend a seminar, or an individual consultation, or both, it is always a good idea to know what your options are. You may be surprised to discover that your future is brighter than you think.
