Immigration Law

Filing H-1B Visa Petitions in 2007

The H-1B visa will allow persons to begin working in the United States on October 1, 2007. Immigration Services will begin accepting H-1B visa petitions beginning April 1, 2007. In anticipation of this event, foreign nationals who are in the United States, or who are wanting to work in the U.S., should begin planning now in order to make sure their visa petition is filed on time.

The H-1B visa is often used as the "next step" after one graduates from a university after completion of an F-1 program. H-1B holders are allowed to remain in the United States for a total of six years. The H-1B visa is reserved for those who will work in a “speciality” occupation. This means that a company requires the services of a professional who holds at least a bachelor’s degree or its equivalent. Generally, most H-1B applicants are doctors, engineers, professors, accountants, lawyers, physical therapists, and computer professionals.

If you plan to work in the U.S. on a temporary basis it is important that you and your employer begin the visa petition process as soon as possible. Every year, Congress makes 65,000 H-1B visas available. Last year, Immigration Services announced that May 26, 2006, was the last day that visa petitions would be accepted. Those who did not file before this date would not be able to begin working on an H-1B visa.

Because of the complex issues involved with an H-1B visa, it is not recommended that a foreign national or a sponsoring employer prepare and submit an H-1B petition on their own. Improperly preparing a H-1B petition can result in a foreign national losing their immigration status and becoming removable from the U.S. It may also result in an employer hiring a worker who doesn't have work authorization and thus subjecting itself to possible fines and penalties.

At the law firm of Kraft & Associates, we will work to make sure that your petition is filed correctly and in advance of the cap being reached. Please contact us if you have questions about H-1B visas, and we will give you a free phone consultation.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

From Immigration-Law-Answers-Blog posted 2007-01-08.