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H1-B Temporary Employment Visa and the J-1 Work and Travel Program | Print |  Email
Friday, 23 December 2011

Q: My nephew recently graduated from a university in Ireland. He has found a company in the US that is interested in hiring him. What does he have to do to get permission from the US government?

A: The area of US law that applies to the employment of foreign nationals is complex and requires the assistance of an experienced immigration lawyer to handle the application process. Here is a very brief overview for general orientation:

The H-1B employment visa category is the one most commonly used by foreign university graduates.

Foreign nationals who are admitted in H-1B status are allowed to work for a sponsoring US employer in the US for up to three years, with possible extensions up to a maximum of six years. There are provisions that allow an applicant to change employers in the US if certain conditions are met.

The basic requirement is that a US employer must use the services of the foreign national in the US in a professional capacity in a specialty occupation. A professional is defined generally as someone with a Bachelor's or higher degree from a US university or a foreign equivalent. A specialty occupation is defined as one that requires the theoretical and practical application of a body of highly specialized knowledge.

The number of H-1B visas available annually is set by Congress. Currently the total is 65,000. The visas become available at the start of each fiscal year, that is, on October 1. US Citizenship and Immigration Services (USCIS) opens up the application process six months before that date, however, so applications for the next available batch of applications will be due starting on April 1, 2012. In the past there have been many more applications filed than there were visas available, so it was crucial to file on April 1. Because of the economic recession, in the past several fiscal years the quota has not been exhausted so quickly.

The application process is complex and involves several stages, beginning with a submission by the US employer to the US Department of Labor, followed by a petition by the employer to USCIS, and ending with a visa application by the foreign national. Normally the sponsoring employer retains an immigration lawyer to take care of the entire process. IIIC can provide referrals to experienced business immigration lawyers for this purpose.

THE J-1 IRISH WORK & TRAVEL PROGRAM (J-1 IWT)

If your nephew graduated from university within the past twelve months, he might consider applying for the J-1 IWT program that allows recent graduates (or current students enrolled in a degree course) to undertake a paid internship related to their academic field of study with a US employer for up to 12 months. The start date for this program must be within 12 months of the date of graduation. The Irish International Immigrant Center is a sponsoring organization for this type of visa and can assist with the application process. For more information on this J-1 visa, visit the IIIC website using the following link http://www.iicenter.org/services/J1-iwt.htm or contact our Learning Exchange Programs Department at 617-542-7654 ext. 38 or email J1IWT@iicenter.org.

For a free, confidential consultation on employment visas or any other aspect of immigration law, visit one of our legal clinics advertised in the Emigrant.

Disclaimer: These articles are published to inform generally, not to advise in specific cases. Areas of law are rapidly changing. US Citizenship and Immigration Services and the US Department of State regularly amend regulations and alter processing and filing procedures. For legal advice seek the assistance of an IIIC immigration specialist or an immigration lawyer.




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