Legal Question in Immigration Law in California

Re: h1b visa criteria

Your matter is complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

Re: h1b visa criteria

I don't know the nuances of the educational system in India, but as long as the your wife has the equivalent of a Bachelor's degree, she's eligible to apply for an H-1B visa (assuming the job position offered is a "specialty" occupation, as that term is defined in the Immigration law.)

In real life, you or your attorney would hire one of the many educational-evaluation services out there to give an expert opinion on whether your wife's course work is equivalent to a Bachelor's degree granted by a U.S. college or university.

Larry L. Doan, Esq.

(Straight-talk on Immigration Law at www.GuruImmigration.com)

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: h1b visa criteria

Even people with education evaluations who are Indian and which show equivalent to U.S. bachelor's degree can be challenged by US CIS. There is a memorandum and case law on this issue that is a bit too complex for addressing online.

If you would like to contact me offline for a consultation, I could do the analysis for you comparing your wife's facts to the case law and memo. It's important that you have the authority (i.e., know what the memo and cases say) behind a lawyer's opinion on this issue as it's so important to come to the right conclusion before making any application. You need to understand why she either is OK or not OK with the education she has.

Check me out at http://www.yardum-hunter.com or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

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