When Immigration Matters

Immigration Question of the Day | Differences Between H-1B & EB Visas

Posted by Michael Pollak on Thu, Aug 12, 2010 @ 10:23 AM

I am a recent graduate F1 student, and I want to immigrate to the US. I have a master degree in business administration.

I wonder what type of employment immigration I should process. What are the differences between a H-1B and a EB visa (overview, processing time, procedure, requirements, advantages...)? Is there any salary base restrictions for employers to employ and sponsor me?

The primary difference between an H-1B and EB visa is that an H-1B is temporary, valid for three years and renewable for an additional three years whereas an EB visa is a permanent visa for which you get a green card and lawful permanent residence.

Both visas require an employer to sponsor you. You can get approval for the H-1B visa in as little as 15 days if you pay the premium processing fee ($1000). There are still H-1B visas available this year.  As of August 6, 2010 only 11,900 cap eligible petitions have been filed out 20,000 for the H-1B Master's Exemption.

Both types of visas require your employer to pay you the prevailing wage for your job.

For additional information on these types of visas, please visit the attached links.

Immigration question?  We have answers.  Free phone consultation available | 800-969-5529 

Immigration question

Immigration Question of the Day | What to Include in an I-601?

Posted by Michael Pollak on Wed, Aug 11, 2010 @ 12:43 PM

What should I include for a I-601 letter as a brother in law who is a citizen?

You need to write a clear and detailed letter explaining each situation and circumstance that will cause “extreme hardship”. It is not enough to say that the US Citizen will feel sad or miss the fiancé/spouse – this is “normal” hardship. The details provided in the letter as well as the evidence/documentation are the key, vital issues in the waiver process. 

The best way to approach the hardship letter and evidence is to think about every aspect of how their life would change if they had to relocate permanently to their fiancé/spouses country. These arguments form the basis of the hardship letter. 
Extreme hardship can be demonstrated in many aspects of your life such as: 

HEALTH/MEDICAL - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your fiancé/spouse’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term. 

FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents). 

EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields. 

PERSONAL CONSIDERATIONS - Close relatives in the United States; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States. 

SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures. 

Any other situation that you feel may help you meet the burden of extreme hardship. 

Include as much legitimate, detailed evidence as possible. For example, personal letters from your doctor, nurses, therapists, medical records, prescription information, etc.

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