Tag: H-1B

CAN I APPLY FOR A GREEN CARD THROUGH NIW IF I AM ON A NON-IMMIGRANT VISA?

CAN I APPLY FOR A GREEN CARD THROUGH NIW IF I AM ON A NON-IMMIGRANT VISA?

Individuals on a non-immigrant visa can indeed apply for a green card through the National Interest Waiver (NIW) pathway. The NIW offers a strategic route for those already in the United States under a non-immigrant visa, such as an H-1B or L-1, to transition to permanent residency without the necessity of employer sponsorship. This option underscores the flexibility of the NIW process, allowing qualified candidates to leverage their exceptional abilities or advanced degrees to pursue long-term residency in the United States. It is crucial for applicants to thoroughly understand the eligibility criteria and engage with immigration professionals to navigate the intricacies of the NIW application successfully.

H-1B: Specialized Worker

What types of positions are typically specialty occupations?

Licensed professions, such as architects, engineers, medical doctors, lawyers, accountants, etc., qualify for an H-1B visa. Additionally, professions requiring STEM degrees, such as scientific research and positions in technology, engineering, mathematics, software development, or other highly technical fields also qualify. 

If you or your employer have questions regarding whether your position will qualify for an H-1B visa, please schedule a consultation so we can evaluate whether the position meets the requirements above.

How many foreign nationals qualify for an H-1B visa?

Each year, U.S. employers can file a maximum of 65,000 first-time applications for foreign nationals holding bachelor’s degrees and 20,000 first-time applications for foreign nationals holding U.S. master’s degrees. The applicants are determined by a lottery system. This is known as the “H-1B Cap Season.”

A second avenue to obtain an H-1B visa is when an employer is cap-exempt, meaning applicant does not have to go through the numerical lottery and can apply at any time. Cap-exempt employers include institutions of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-744-7919) or email hello@cambridgeimmigrationlaw.com to get in touch.