Frequenty Asked Questions (FAQS)

H-1B - SPECIALY VISAS

Q:  I have graduated from a recognized university in Japan and have a job offer from an Amerian company.  Would my foreign degree qualify for an H-1B Specialty Visa?

A:  Yes, probably.  There is no requirement by U.S. Immigration & Naturalization Service (INS) that your degree be from a university in the United States.  But, a foreign degree credential evaluation might be required from a private evaluation service.

Q:  I do not possess a bachelor's degree, but obtained a Associate of Arts degree and have extensive work experience in electrical engineering.  Do I have any chance of obtaining an H-1B visa?

A: Yes.  The INS  will consider all education and experience in determining whether or not someone might possess the "equivalent" of a U.S. university degree.  This "equivalency evaluation" is conducted by private outside company and submits a recommendation to the INS.

Q:  Are certain majors or field of study more likely to be approved by the INS for H-1B Specialty Visas?

A:  This answer is a qualified, yes.  Clearly degrees in field of information technology, especially, computer science might be more likely to be approved than general liberal arts degrees.  Although, we have also received a number of approvals with applicants holding liberal art degrees.  We must look to the position and assess whether it normally requires a bachelor's degree enter that particular profession.

Q:  Do you guarantee that my visa will be approved?

A:  No.  We cannot guarantee approval for two reasons.  First, we do not and cannot make the final decision on whether a visa will be granted or not.  Those decisions are at the sole descretion of the agency adjudicating the case such as the U.S. Immigration Service, U.S. Department of Labor, or an American Embassy abroad.  ANd, secindly, the practice of law is regulated by the California State Bar and attorneys are prohibited from guaranteeing the outcome of a case.

Q:  I have practical training under a student visa (F-1).  When should I think about applying for an H-1B Specialty Visa?

A: Immediately.  Although you may still have time on your student visa that you would like to use, it has always been our policy to urge clients to begin the process as soon as possible. The main reason is that H-1B Specialty visas have an annual quota which has reached its limit in each of the past two years.  We are aware that some students would like to use up their practical training (usually one year) because the H-1B visa is valid for a maximum of six years.  But if a problem arises at the end of that year (petition denied) you may have to return to your home country and await a resolution.  Whereas one who files early in the practical training year might have enough time to appeal, or re-file a petition and not be required to return home. 

Q: How does your legal fee structure work?  Do you have a payment plan?

A:  We charge a set fee by type and complexity of the case.  Normally, we require a retainer to begin work.  If we anticipate a conclusion within a relatively short period of time, then the legal fees and costs are due when we begin work.  On occassion we arrange payment plans, but that is not our usual practice.

*We will continually update and add to this FAQs page.