Messing Law Offices Arizona immigration lawyers

Immigration Law
Tel: (520) 512-5432
Email: inquiry@messinglawoffices.com
Fax: (866) 641-2090

Immigration Factoids ™
  Generally, persons who slip into the U.S. without ever presenting themselves to an immigration officer have great difficulty obtaining legal status afterwards, even if they marry a U.S. citizen. Very few forms of relief are available. Persons who enter legally and overstay a visa have a much easier time obtaining legal status later.

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H-1B Attorney

The H-1B visa is often considered a professional's visa because it requires both theoretical or technical expertise in a specialized field and a bachelor's degree or higher (or equivalent).

Examples of potentially qualifying specialty occupations include: architects, engineers, computer programmers, accountants, doctors and college professors, certain fashion models of distinguished merit and ability and up to 100 persons who will performing services of an exceptional nature in connection with the U.S. Department of Defense research and development projects or coproduction projects.

To obtain an H-1B visa, an applicant must first obtain a job offer from a qualified employer, who is commonly known as the sponsor. Individuals typically cannot commence the process for their own H-1B visa; only the sponsor can. However, this 2006 administrative appeals opinion allowed a U.S. corporation established solely by an H-1B beneficiary successfully to sponsor her H-1B application on the theory that legally the U.S. corporation was a separate entity from the alien worker founder.

An H-1B visa is ordinarily valid for up to six years and entitles the husband or wife of the visa holder and children to accompany the principal visa holder. One of the main advantages of the H-1B visa is that it is a dual intent visa which means that the visa holder can apply for permanent residency while working and living in the US, which is not usual with other non-immigrant (temporary) visas.

Many H-1B visas are subject to a numerical limit, called a cap, each year. As of 2009, USCIS currently maintains a cap of 65,000 on H-1B visas generally, but since 2004, 20,000 new H-1B visas for foreign workers with a Master's or higher level degree from a U.S. academic institution are also available, which are statutorily exempted from the general cap.

Some H-1B positions are exempt from numerical cap limits altogether. H-1B nonimmigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap.

H-1B visas are highly desirable and in FY 2009, both the general cap and graduate exempt categories were oversubscribed on the first day that applications could be filed for H-1B visas with USCIS.

Apart from H-1B visas, other available visa categories may include:

  • E-3 Treaty Professional Visas for Australian citizens
  • TN NAFTA visas for Canadian and Mexican citizens
  • H-2B visas for non-college graduates

Arizona H-1B Lawyer: Messing Law Offices, Immigration Employment Attorney 

At Messing Law Offices, we provide high quality legal services and expertise to families, working men and women, and businesses. If you have a concern in the areas of family based immigration, business based immigration, employment based immigration, or naturalization and you are seeking the help of an experienced immigration lawyer, call Messing Law Offices for professional Arizona immigration attorney assistance.

 
John Messing has been reappointed the Liaison from the American Bar Association (SciTech Section) to United States Citizenship & Immigration Services 2010-2012. Read the October 2011 Report on the USCIS proposed Transform E-filing System by John Messing, Tucson immigration lawyer.

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Copyright JHM 2007-11

Messing Law Offices, P.L.C., based in Tucson, Arizona, provides immigration and naturalization attorney services to the communities of Avondale, Chandler, Douglas, Flagstaff, Gilbert, Glendale, Goodyear, Kingman, Mesa, Nogales, Peoria, Phoenix, Prescott, Safford, Scottsdale, Sedona, Sierra Vista, Sun City, Surprise, Tempe, Tucson and Yuma as well as Coconino County, Gila County, Maricopa County, Pima County, Pinal County and Yavapai County. Immigration services also offered in San Diego and Southern California.

tel.: 520-512-5432
. Member, American Immigration Lawyers Association (AILA), American Bar Association (ABA).


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