Applications under license to Practice category will generally need to be supported by:

H-2B Visa:

Who is eligible?
The H2B visa is available to employers of foreign workers not working in the agricultural field.

This visa is only available for work that is temporary in nature. For H2B purposes, that means:

** Recurring seasonal need,
** Intermittent need,
** Peak-load need and
** One time occurrence.

The employer must also prove that there are no unemployed US workers willing or able to do the work.

This is established through the state's employment agency using a labor certification process.

This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers.

Visa validity:

The duration of the visa is limited to the employer's need for the temporary workers.

The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.

Filing the I-129 Petition:

In order to be considered as a nonimmigrant under the above classifications, the prospective employer must file Form I-129, Petition for Nonimmigrant Worker, with the United States Bureau of Citizenship and Immigration Services (USCIS). Once approved, the employer is sent a notice of approval, Form I-797.

Applying for the Visa:

If the prospective worker is outside of the US, he must then apply for a visa with the US consulate.

The H-2B visa application includes:

DS-156, Application for Nonimmigrant Visa
1.DS-157 if male between the ages of 16 and 45)
2.The necessary filing fees.
3.Copy of Notice of Approval of H-2B Petition .
4.Passport.
5.One passport-style photo.
6.Evidence of ties to the home country (family, property, current occupation, etc.) Like with any other nonimmigrant visa, the Consulate needs to see that each applicant has ties to the country so that he or she will return home after their work period ends.

NOTE:- If the prospective worker is already in the US and is changing from one nonimmigrant status to another, a visa is not required. However, if the worker leaves the US and wants to re-enter, s/he may need a visa.

Entry into the US:

Applicants should be aware that a visa does not guarantee entry into the United States. The officer at the port of entry has authority to deny admission, even if the applicant has a visa.

Also, the officer at the port of entry, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States.

At the port of entry, officials issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.

When to file?

Petitions should be filed no more than six months before the proposed employment will begin. However, they should be submitted at least 45 days before the employment will begin, because the petition processing and visa issuance may not be completed before work is to begin.

Bringing family members

Spouses of H-2B visa holder or an unmarried child under 21 years of age of H-2B visa holder are issued an H-4 visa. They may remain in the US as long as the authorized stay of the H-2Avisa holder. H-4 visa holders are not permitted to work in the US.

Petitioning for several workers

It is possible, in some cases, for employers to file blanket petitions (that is, one petition for several individual employees).

Process for H1B Visa:

The US H1B visa is a non-immigrant visa, which allows a US company to employ a foreign individual for up to six years.

As applying for a non-immigration visa is generally quicker than applying for a US Green Card, staff required on long-term assignment in the US are often initially brought in using a non-immigrant visa such as the H1B visa.

Individuals can not apply for an H1B visa to allow them to work in the US. The employer must petition for entry of the employee. H1B visas are subject to annual numerical limits.

US employers may begin applying for the H-1B visa six months before the actual start date of the visa. Since the beginning of the FY 2009 is October 1, 2008, employers can apply as soon as April 1, 2008 for the FY 2009 cap, but the beneficiary cannot start work until October 1st.

The H1B visa is designed to be used for staff in "speciality occupations", that is those occupations which require a high degree of specialized knowledge. Generally at least the equivalent of a job-relevant 4-year US Bachelor's degree is required (this requirement can usually be met by having a 3-year degree and 3 years' relevant post-graduate experience).

However, professionals such as lawyers, doctors, accountants and others must be licensed to practice in the state of intended employment - e.g. a lawyer must generally have passed the relevant state bar exam.

Non-graduates may be employed on an H1B visa where they can claim to be 'graduate equivalent' by virtue of twelve or more years' experience in the occupation. Positions that are not "speciality occupations", or for which the candidate lacks the qualifications/experience for an H1B visa, may be filled using an H-2B visa.

New H1B legislation requires certain employers, called 'H1B dependent employers' to advertise positions in the USA before petitioning to employ H1B workers for those positions.

H1B dependent employers are defined as those having more than 15% of their employees in H1B status (for firms with over 50 employees - small firms are allowed a higher percentage of H1B employees before becoming 'dependent').

In addition all new H1B petitions and 1st extensions of H1B's now require a fee (in addition to the usual filing fees) of US$1,000 to be paid, which will be used to fund a training programme for resident US workers. The initial visa may be granted for up to three years. It may then be extended, in the first instance for up to two further years, and eventually for one further year, to a maximum of six years.

Those wishing to remain in the US for more than six years may, while still in the US on an H1B visa, apply for permanent residence (the "green card"): if such employees do not gain permanent residence, when the six year period runs out, they must live outside the US for at least one year before an application is made for them to enter on an H or an L visa.

Once a company has brought an employee to the US on an H1B visa, should the company dismiss that employee before the expiry of the visa, the company is liable for any reasonable costs that the employee incurs in moving him/herself, his/her effects, back to his/her last foreign residence. This provision covers only dismissal, it is not relevant when an employee chooses to resign.

frequently asked questions :

Q. Can the H1B employee work at different sites?
A. Yes, but a separate Labor Condition Application must be made for each site at which the employee will be working (though there is a limited exception for short-term assignments at different sites within the same Metropolitan Statistical Area).

Q. Can employment/contracting agencies sponsor H1B visas?
A. Yes, but remember the sponsor has to pay the prevailing wage whether or not they can find employment for the alien.

Q. How many H1B visas are available each year?
A. 65,000 for the fiscal year starting October 1, 2005. However, there are 20,000 additional H-1B visas available as an exemption from the 65,000 quota. These are reserved for people who have graduated from a U.S. university with at least a Masters degree and have other skills and experience in demand.

Research institutions and universities may also offer positions and petition for H-1B visas beyond all caps. People that may qualify for such positions have very unusual skills, education and experience, so it is rare that petitions are made beyond the official caps.

Q. What happens when the annual quota is reached?
A. USCIS announces a cutoff date once the annual quota is reached. Petitions filed before the cutoff date, but after the quota has been used up, will be held for processing the following October. Petitions submitted after the cutoff date will be returned to the petitioner without consideration.

Q. What are the government fees involved in obtaining an H1B visa, and who pays them?
A. The USCIS filing fee is currently US$ 190, which must be paid by the sponsoring employer. In addition to the filing fee, the USCIS imposes a Fraud Prevention and Detection fee of US$ 500. For H1B applications, the USCIS also imposes a American Competitiveness and Workforce Improvement Act (ACWIA) fee of US$ 1,500 if the petitioner employs more than 25 full-time equivalent employees, including any affiliate or subsidiary, or US$ 750 if the petitioner employs 25 or less full-time equivalent employees. Finally, consular visa processing usually involves a charge of approximately $105 in local currency. Prevailing Wage Determinations and Labor Condition Applications are free of government charges.

Q. How long does the process take?
A. On average 3-6 months in total, depending on the USCIS Regional Service Center processing the application - unless using Premium Procession.

Q. Is it possible to speed up the process.
A. Yes. USCIS has instituted a program called Premium Processing. If the INS is paid an extra $1,000 on a separate check, USCIS guarantees it will adjudicate the petition in 15 days or notify the petitioner if more evidence is needed.

Q. Can the alien come to the USA on a visitor visa or visa-waiver while the H1B petition is being processed?
A. This is possible but not advisable, and under no accounts should the alien risk putting in jeopardy the issue of an H1B visa by engaging in anything that might be construed as work, as this may lead to the alien being accused of visa-fraud either on entry to the US with a visitor visa/visa-waiver or when applying for an H1B visa at the US consulate in their own country.

Q. If I sponsor an alien worker for an H1B, do I have to employ him/her for the full period of the visa's validity?
A. No, but if you dismiss the worker before the H1B visa expires you are responsible for his/her reasonable costs of return transportation to their home country. You will probably not be responsible for such costs for his or her dependants, however.

Q. Can the H1B alien's spouse/children work or study in the US.
A. Dependents of the H1B alien are granted H-4 visas, which are not employment-authorized. Thus they cannot work unless their prospective employer unless they can obtain a work visa in their own right. H-4 dependents may, however, undertake study in the USA.

H1B Visa Professions / Occupations Types of Jobs that qualify for the H1B Visa Program:

Occupations In Architecture, Engineering, And Surveying

* Architectural Occupations, * Aeronautical Engineering Occupations, * Electrical/ Electronics Engineering Occupations, * Civil Engineering Occupations, * Ceramic Engineering Occupations, * Mechanical Engineering Occupations, * Chemical Engineering Occupations, * Mining And Petroleum Engineering Occupations, * Metallurgy And Metallurgical Engineering Occupations, * Industrial Engineering Occupations, * Agricultural Engineering Occupations, * Marine Engineering Occupations, * Nuclear Engineering Occupations, * Drafters, * Surveying/ Cartographic Occupations.

Other Occupations In Architecture, Engineering, And Surveying.

* Occupations In Mathematics And Physical Sciences
* Occupations In Mathematics,
* Occupations In Astronomy,
* Occupations In Chemistry,
* Occupations In Physics,
* Occupations In Geology,
* Occupations In Meteorology,

Other Occupations In Mathematics And Physical Sciences

* Computer Science & IT, and Telecom Occupations
* Occupations In Systems Analysis And Programming,
* Occupations In Data Communications And Networks,
* Occupations In Computer System User Support,
* Occupations In Computer System Technical Support,
* Other Computer-Related Occupations

Occupations In Life Sciences * Occupations In Agricultural Sciences, * Occupations In Biological Sciences, * Occupations In Psychology, * Other Occupations In Life Sciences Occupations In Medicine And Health * Physicians And Surgeons, * Osteopaths, * Dentists, * Veterinarians, * Pharmacists, * Registered Nurses, * Therapists, * Dieticians, * Occupations In Medical And Dental Technology,

Occupations In Education & Research

* Occupations In College And University Education,
* Occupations In Secondary School Education,
* Occupations In Preschool, Primary School, And Kindergarten Education,
* Occupations In Education Of Persons With Disabilities,
* Home Economists And Farm Advisers,
* Occupations In Vocational Education,
* Other Occupations In Education
* Occupations in Writing and Languages
Writers,
* Editors: Publication, Broadcast, And Script,
* Other Occupations In Writing

Occupations in Finance and Administrative Specializations

* Accountants, Auditors, And Related Occupations,
* Budget And Management Systems Analysis Occupations,
* Purchasing Management Occupations,
* Sales And Distribution Management Occupations,
* Advertising Management Occupations,
* Public Relations Management Occupations,
* Personnel Administration Occupations,
* Inspectors And Investigators, Managerial And Public Service,
* Other Administrative Occupations

Occupations in Business Management & Administration

* Agriculture, Forestry And Fishing Industry Managers And Officials,
* Mining Industry Managers And Officials,
* Construction Industry Managers And Officials,
* Manufacturing Industry Managers And Officials,
* Transportation, Communication, And Utilities Industry Managers And Officials,
* Wholesale And Retail Trade Managers And Officials,
* Finance, Insurance, And Real Estate Managers And Officials
* Service Industry Managers And Officials,
* Public Administration Managers And Officials,
* Miscellaneous Managers And Officials

OTHER Specialty Occupations as listed below

* Occupations In Economics,
* Occupations In Political Science,
* Occupations In History,
* Occupations In Sociology,
* Occupations In Anthropology,

Other Occupations In Social Sciences.

* Librarians.
* Archivists.
* Museum Curators And Related Occupations.

* Other Occupations In Museum, Library, And Archival Sciences.

* Lawyers.
* Judges.

* Other Occupations In Law And Jurisprudence.

* Clergy.

* Other Occupations In Religion And Theology.

* Commercial Artists: Designers And Illustrators, Graphic Arts.
* Environmental, Product, And Related Designers.

* Other Occupations In Art.

* Occupations In Music.

Other Occupations In Entertainment And Recreation.

Occupations In Social And Welfare Work.

* Miscellaneous Professional, Technical, And Managerial Occupations, Sales Promotion Occupations,
* Fashion Models