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State Licenses Critical to H-1B Visas

Written By The Shapiro Law Group on February 01, 2012

Doctors, research scientists, engineers and other professionals seeking to work in the U.S. pursuant to the grant of a H-1B visa (a visa used to employ foreign workers in specialty occupations that require theoretical or technical expertise) must be mindful of the role that state licensing plays in this federal program.

Submission of a valid and current state license applicable to a foreign applicant’s professional specialty is a requirement for proper filing of the H-1B petition.

Those who have studied here pursuant to J-1 student status, should allow themselves adequate time to apply for a license in the state where they want to practice professionally prior to filing their H-1B visa applications.

An applicant who obtains a temporary license with an expiration date may only be granted a visa up until that date expires.

All of the traditional H-1B visa slots have been filled for fiscal year 2012; however, up to 6,800 visas are set aside by the U.S. State Department for workers from Chile and Singapore pursuant to the U.S.-Chile and U.S.-Singapore Free Trade Agreements. So you still might be able to qualify for H-1B visas if you are a citizen of Chile or Singapore. Or you might want to consider preparations for a fiscal year 2013 application, which can be filed in April of this year.

If you need help with a business immigration visa, do not hesitate to contact our offices for an appointment by calling (847)564-0712. Feel free to check out our Website for further information on how we might assist you as well.