Immigration for IT professionals
Honolulu Attorney Provides Immigration Assistance for IT Professionals
A firm that explores visa options for information technology professionals
In order to qualify for lawful permanent residency status in the United States, most IT professionals must have a job offer and must use the labor certification process. They will either qualify under the EB-2 or EB-3 immigrant visa categories, depending on the minimum level of education required for the position by the U.S. employer for the position offered.
Some IT professionals may qualify for an immigrant visa without a job offer as a person of extraordinary ability under the EB-1 category or under the EB-2 subcategory of National Interest Waiver EB-2 category.
Attorney KahBo Dye-Chiew has been successful in classifying IT Professionals in the categories of H-1B, O-1, EB-2 National Interest Waiver and pursuant to the labor certification process under EB-2 and EB-3 categories described above.
Potential changes in immigration law may affect the IT professional
Lawmakers proposed a new immigration bill, S.744, in April 2013 that could help professionals in information technology. It has passed the U.S. Senate, but is hotly debated as of August 2013.
If this new bill passes, it affects both employment-based visas for permanent workers and the H1-B visa for temporary workers.The following are proposed employment-based changes that would affect EB-1, EB-2 and EB-3 visas:
- Elimination of country-specific limits — Over time, this would help equalize petitions from IT professionals from China and India, countries for which there have been large backlogs.
- Exemptions from worldwide cap — IT professionals with extraordinary ability or advanced degrees from U.S. universities would no longer be subject to the worldwide cap of 140,000 employment-based visas a year, and they would also be exempt from labor certification.
The following are proposed H1-B visa changes for specialty occupations, including information technology:
- Increase in the H1-B visa cap — The new bill raises the cap from 65,000 to between 115,000 and 180,000 with consideration for demand and unemployment.
- Increase in H1-B wage requirements — The range of wages narrows, raising the lowest level of wages paid to H1-B workers.
- Requirements for U.S. employers — Employers would need to increase their talent recruiting efforts by placing mandatory ads to find U.S. workers first.