NOVEMBER 2011

The H-1B visa application season closed before I got my application in - NOW WHAT?

Unfortunately, the H-1B visa application system is quite unforgiving of late applications, they are simply returned as rejected.  Unless you have a job in a "quota exempt" category, typically with a university or the Department of Defense, you will likely have to wait until the next application cycle begins, on April 1.

We emphasize advance planning, and provide a variety of ways interested applicants can discover the timelines and milestones involved in the visa process.  Check out our website and our calendar of Face-to-Face information sessions so you will empowered with the right information when your time comes.

APRIL 2011

When should I talk to my employer/potential employer about the fact that I need a visa to take the job?

We are asked this question quite often. In general, I tell job applicants who need a sponsor to be honest, and address the issue as early as possible. If the company is willing to be your sponsor, they will need to know in order to make arrangements.  If they are unwilling, you will either need to persuade them, or move on to another employment opportunity. Either way, the sooner you and your employer know, the better.

NOVEMBER 2010
What are the "best" majors to study if I want to get an H-1B visa after I graduate?
Of course, you should study the field you are best qualified for, or that you feel will be most satisfying for your career plan. However, it is true that some fields of study are more directly suited to the H-1B visa process than others. The federal regulations specifically recognize the following as being consistent with the requirements: architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. So, if you are in one of these fields, you are in a good position to begin the H-1B process. If not, you may need to work a bit harder to prove to the USCIS that you are working in a "professional" position. If you are highly motivated to get that H-1B, you might consider changing majors while you still have time.

SEPTEMBER 2010
Is there a grace period for J-1 visa holders after they complete their program?
Yes, the regulations provide a 30-day grace period during which the exchange visitor, spouse and children may remain in the U.S. "for the purposes of travel."

Options for Nursing Graduates
We've had a number of inquiries lately about the visa options available to nursing graduates. Here are some of the topics we have addressed.

Is Nursing considered one of the STEM categories?
No, unfortunately Nursing is not on the Stem (Science, Technology Engineering, Mathematics) list, and so Nursing grads are not entitled to the extra time in OPT allowed for STEM grads. For the complete list of STEM qualifying degree areas, we have linked to the source document under our Info Center.

Do Nursing positions qualify for the H-1B visa?
Some do, some don't. The USCIS takes the general view that Registered Nurses (R.N.) do NOT automatically qualify for H-1B status, because many R.N.s are hired based on some combination of an Associates degree, training and experience, and these positions do not have a Bachelors degree as the minimum qualification. However, positions in the Advanced Practice Registered Nurse (APRN) category will generally qualify. The USCIS Memo that lists the nursing categories that qualify under their guidelines as specialized occupations for H-1B adjudication is reproduced in our Info Center.

Do I need a VisaScreen Certificate to apply for a H-1B visa?
Yes, all international students applying for a H-1B visa to work in nursing need to comply with the VisaScreen process. The process is somewhat streamlined for international students who graduate from U.S. nursing programs, you do not need to show proficiency in English, and do not need to have your degree evaluated. More information is available in the CGFNS Handbook.

FEBRUARY 2010
Can a J-1 visa holder change to H-1B?
At our February Face 2 Face information session, I was asked if J-1 visa holders are restricted from obtaining an H-1B visa. There are restrictions on some J visas, but there is not a "blanket restriction" on all J visas.

If your J visa is subject to Section 212(e), which requires a two year commitment to residence in your home country, you may not change your status directly from J-1 to H-1B.

Also, if you are in J-1 status doing medical education or training, you may not change directly to H-1B.

However, for J-1's not subject to these specific restrictions, there is no blanket bar. If you meet all of the other eligibility requirements for the H-1B, or any other nonimmigrant visa status for that matter, you may apply through the usual methods.