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What is an H-1 B Visa and who can obtain one?
What is an H-1 B Visa and who can obtain one?
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the HIV gives us a non non immigrant
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work visa that is offered to foreign
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nationals that have a job offer from a
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US company and that job needs to be a
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so-called specialty occupation the
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specialty occupations define us as a
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occupation that require at least a
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bachelor’s degree in a very specific
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field there are some necessary elements
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of the h-1b visa for a foreign national
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to qualify they have to have a degree in
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a specific field sometimes there are
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some issues with with matching the the
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type of requirement for the position
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with the type of degree the foreign
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national halts I personally had a case
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when we got a denial initially from the
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Immigration Service because the job
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required a degree in computer science
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well my client had a degree in urban
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planning what the US did not realize
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that even though that type of the name
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of the degree was not exactly computer
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science all the courses that he took
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were related to computer science so we
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were able to fight this denial and
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actually sue the government and get the
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case reopened and approved after they
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realized that it’s really the knowledge
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that matters not necessarily the name of
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the degree another important element of
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the h-1b visa is that there needs to be
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an employer employee relationship we
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have to work with our clients closely if
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they own if there’s a foreign national
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that owns any part of the company
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because we need to ensure that the
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corporate structure is set up in a way
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that we can show that there is a control
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on the site of the company even though
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the foreign national may be the owner of
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the some amount of shares so in 2020 the
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USCIS started the implementation of the
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new system new lottery system that
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requires or forg US companies that want
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to sponsor foreign nationals for h-1b
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visas to register in March for for the
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lottery system there is a registration
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period that is from March 1st to March
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20th
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at the end of that period that got the
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US citizenship Immigration Service will
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run a lottery and select the 65,000 h-1b
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visas for the regular Cup and two
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additional 20,000 visas for the US
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Masters Cup once the selection is made
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the government will notify those who are
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selected and allow them to submit their
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petitions for adjudication those who are
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selected have 90 days to submit the
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complete filings this system really
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benefits the employers that we represent
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because we only have to prepare the full
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petitions for those cases that were
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selected while in the past we had to
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submit our complete filings prior to
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lottery taking press which was a lot of
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wasted resources and and cost under on
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their part
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Cambridge, MA immigration lawyer Kasia Loor explains how a H1-B Visa works and how she can help her clients obtain one.
