Asian Journal- The Filipino-American Community Newspaper

WE only have about few days to go before April 1, 2010, which is the first day employers may file H-1B petitions subject to the FY 2010 cap. We advise everyone to file their H-1B petitions at the earliest possible opportunity.

The H-1B visa is for foreign workers who will hold specialty occupations. Generally speaking, a specialty occupation is one which "which requires the attainment of a bachelor’s degree or higher in a specific specialty as a minimum for entry into the occupation in the United States."

There are two requirements: first, the employer must demonstrate a need for someone in a specialty occupation; and second, the foreign national must have the required degree, or its equivalent, in a subject closely related to the position.

Our office has successfully obtained H1-B visas for various positions, including: accountants, acupuncturists, chefs, chiropractors, computer professionals, dieticians, electronics specialists, fashion designers, graphic designers, news writers, industrial designers, interior designers, investment analysts, market research analysts, medical technologists, social workers, teachers (kindergarten, grade school and high school), university professors, and engineers.

There are petitions not be subject to the H-1B cap. These include individuals who already have been counted toward the cap in a previous year and have not been outside the US subsequently for more than one year. Also, certain employers, such as universities, government-funded research organizations, and some nonprofit entities, are exempt from the H-1B cap.

Also, there is a separate cap of an additional 20,000 H-1B visas available to foreign nationals who have earned an advanced degree from a US university.

To ensure timely filing, employers must finalize the list employees they wish to petition and prepare supporting documentation as early as possible. Employees must finalize arrangements with their employers and ensure that their employer is committed to the petition process. Employees must also prepare their supporting documentation, which includes copies of their diploma, transcript of records, and employment certificates.

The goal of our law office is to make sure all petitions are ready to be filed weeks in advance of the April 1 filing date. In this manner, we ensure all forms are properly signed, all checks have the correct amounts, and all documents necessary are included in the application package. With the H-1B visa numbers being limited, we cannot afford any petition getting kicked back for technical reasons.

This article does not constitute legal advice but we hope it has been helpful in presenting different options and strategies to legally stay in the United States. If you have any questions about your particular situation, contact us and let us assist you in preparing and processing your case.

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Darren Silver & Associates files the Immigration Petition. If the petition is approved, the investment is transferred to the Regional center. If the Petition is denied, the investment is refunded in full back to the investor. The processing of the petition will take 30 to 90 days on average.

Upon approval, our Firm will immediately file the investor’s Adjustment/Green Card. The investor will receive his green card in 6 to 12 months. (if inside the US, A work permit in about 60 to 90 days).

We Look forward to answering any of your questions. You are invited to Call our Office or E-mail Mr. Silver Directly for his personal response to your immigration question.

Please contact the office for Free Consultation:

Darren Silver and Associates

Address: 3699 Wilshire Boulevard Suite 600, Los Angeles, CA 90010

Telephone: 1-800-971-7013 or 213-384-1900.

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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