The reason is that I can say there is a legal preference is that if a foreigner is here on an F-1 student visa and obtains a \u00a0STEM degree in the US, he or she can stay and additional 36 months on that student visa, gaining experience with a US employer without changing visa status. \u00a0A degree holder in a non-STEM topic can only stay 12 months after graduation.<\/span><\/p>\n The six-year H-1B visa is a visa for those holding the equivalent of a US Bachelor\u2019s Degree and thus naturally requires a higher level of education, and is possible a route to a green card (permanent US residence).<\/span><\/p>\n Before responding, the US immigration is a bit unusual, but the following information will help to clarify why a job offer is critical for most visa options. \u00a0In most of the visa cases, the applicants are the prospective employers, known as the \u201cpetitioner,\u201d and the job applicant is the \u201cbeneficiary\u201d of the petition.<\/span><\/p>\n The H-1B visa is the route for high-skilled foreigners whose prospective employer applies for them, but there is a quota of 85,000 H-1B visas per year: 65,000 for US Bachelor Degree or foreign equivalent and 20,000 for Master\u2019s Degree or higher. \u00a0Last year, there were 236,000 applicants for those 85,000 visas, forcing the US Citizenship and Immigration Services to conduct a lottery. <\/span><\/p>\n Other options are the treaty trader-treaty investor visas (E visas) if that applicant has the same nationality and majority funding of a company in the US from a country with which the US has a treaty. \u00a0\u00a0Unlike the EB-5 \u2013 which is the investor visa green card requiring either a $500,000 or $1,000,000 investment, the amount of investment for an E-1 or E-2 is not set: \u00a0but there needs to be enough of an investment to do more than just support the investor and his or her accompanying family. \u00a0A comprehensive business plan is needed as part of the application. For a new venture, the E visa is usually issued for one year initially, but can be extended \u201cforever\u201d. The US has E visa treaties with Germany and Spain, but not to date with Hungary or Portugal unfortunately.<\/span><\/p>\n There are some other visa options: a J-1 or intern visa which is usually only for 18 months and not extendable or renewable; the TN visa which is part of our North American Trade Agreement with Canada and Mexico for nationals of those countries; and some quirky visas for Australian, Chileans and Singaporeans. \u00a0Finally, there is the L visa for intra-company transferees already working for a foreign company that, with a US affiliate desiring to hire the transferee, is commonly owned by the US company, or the foreign entity is a majority owner of the US company (or vice versa). <\/span><\/p>\n Finally, President Obama signed into law a visa for entrepreneurs, called \u201centrepreneur parole.\u201d On a case-by-case basis, eligible entrepreneurs with startup enterprises could get this temporary visa. These entrepreneurs must:<\/span><\/p>\n For the H-1B, a job offer is needed, so the applicant must get a prospective employer to file on his or her behalf. \u00a0For the E treaty visas, entrepreneur parole, and even the EB-5 green card investor, the applicant is the petitioner. \u00a0The stronger and more complete application, the more likelihood of success, bearing in mind that the most qualified job applicant and complete application might not be \u201cselected\u201d in the annual H-1B lottery.<\/span><\/p>\n The prospective employer normally pays the lawyer\u2019s and government filing fees. \u00a0If the prospective employee pays these, the employer is not exempt from paying specific US Department of Labor fees associated with the filing. \u00a0Any amount the employee is forced to pay may not reduce the employee\u2019s wage so that it no longer meets the median wage for that type of job in the employer\u2019s geographic area. <\/span><\/p>\n Without being too specific, the H-1B filing fees can run about $1,575. \u00a0Documents in foreign languages must be accompanied by a certified translation and if the degree is foreign, it must be accompanied by an evaluation as to its US degree equivalency. \u00a0Also, if an individual lacks a formal degree but has practical experiences that could be the equivalent of a \u00a0US degree, that evaluation must be done as well. \u00a0Very badly stated, usually 3 years of increasing work experience in an individual\u2019s field equal one year of US college. \u00a0Therefore, 12 years\u2019 practical experience might be considered equal to a US Bachelor\u2019s Degree, but this route needs proofs and then evaluation by an accredited educational equivalency evaluation service. \u00a0My legal fees preparing the actual petition usually run about $3,000 up.<\/span><\/p>\nWhich are the easiest and most preferable visa types for high-skilled immigrants?<\/span><\/h3>\n
\n
How are the chances of obtaining the visa?<\/span><\/h3>\n
How an immigrant should prepare for the costs? <\/span><\/h3>\n
What is the outstanding visa? Who is outstanding for the US? How can they prove it?<\/span><\/h3>\n
![\"Jennifer](\"https:\/\/www.tucanoprod.com\/wp-content\/uploads\/2016\/11\/rsz_parser_2012_1.jpg\")
<\/a>Jennifer Parser is an experienced immigration lawyer whose bio and information can be found at https:\/\/www.poynerspruill.com\/People\/Jennifer-G.-Parser \u00a0She is also on LinkedIn with over 500 followers and writes frequently on relevant immigration news. \u00a0She welcomes your questions without charge.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"