Immigration for IT professionals

The Law Offices of KahBo Dye-Chiew in Honolulu helps foreign IT professionals work and live in the United States. The United States has recognized the importance of IT professionals because they are one of the Science, Technology, Engineering and Math (“STEM”) occupations. The most visible recognition of the importance of IT professionals is the extension of optional practical training authorization for foreign students who graduate with a “STEM” degree for an additional 17 months — a total of 29 months of employment authorization after graduating with a bachelor’s or higher degree. For nonimmigrant or temporary work visas, most IT professionals qualify for H-1B visas because they will be employed in professions that require a bachelor’s degree in a specific field as a minimum requirement and they often have at least a bachelor’s degree or its equivalent in that specific field. Some IT professionals, such as computer or video game designers, or those involved in research, may even qualify for O visas if their work has been recognized as “extraordinary” or “outstanding.”

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.