Wednesday, February 8, 2012

Am I qualified for H1B

Hi All, 
Many students wonder if a promise to sponsor from an employer only is sufficient for a H1B. The answer is a resounding no. Let's see what the law says.
The law says: H1B is visa for specialty occupation and fashion model. In US legal world, every word counts. Specialty occupation is called so for a reason. First, it has to be an occupation that requires special skills. So the law requires that the job in the industry normally requires at least bachelor degree; In addition, the employer has to promise Department of Labor to pay more than prevailing wage; Third, the students have to have bachelor degree or its equivalent. 
Of course, this version of explanation of law is so overly simplified that it does not cover all details. However, it gives you a rough picture as to what can qualify you as H1B candidate. 
Therefore, the advice from this firm is this, after your boss agrees to sponsor you, pad on your shoulder (meaning, congratulate yourself), and then make sure your job position appear to be relatively important or irresplaceable. Then you need to make sure your boss agrees to pay you, at least on paper, higher than prevailing wage. 
For details or specific strategical planning, you are welcome to call this firm.