Legal Question in Immigration Law in Massachusetts
H1B question
Hi...I graduated with a BA deegree in 2002 and i am currently enrolled full time for my MBA (F-1). I have a work authorization and i have been applying to different jobs thinking i could get sponsorship for a H1B viza. I have just been hired by an insurance company as an insurance adjuster but i wanted to know if this possition is considered ''professional'' and if it's in the approved H1B job list (if there is such list)...it seems very hard to find a job these days and even though i am about to graduate with a MBA deegree it is very hard to get a top professional position. so before i rush in accepting this possition i want to make sure that I will be succesfull in an H1B application...thanks for your time
2 Answers from Attorneys
Re: H1B question
The success of the applicaiton will primarily depend upon the employers typical requirements and the job description. Key in this would be items such as - did the position advertisment require a degree when you applied?
If you would like to discuss your options further you may contact my office by email or telephone.
My best wishes.
Re: H1B question
There is no such thing as a "list" of approved professional postions for H1-B.
You will have to show that the position requires a bachelors degree to be satisfactorily filled and that the applicant has such a degree in the field of expertise required for the position.
The employer has a fair amount of flexibility in determining when a bachelor degree is required. However, in all cases the burden of proof is on the employer.
I had success in several petition for accountants. Insurance adjuster will be tougher in my opinion as it is not traditionally a "profession". Expect a Request for Evidence after the petition is filed and to fight it out with the examiner on your response. However, I do think it is possible.
The other issue to be considered will be the H1-B cap and when to file the petion to ensure maximum chances of success (ASAP).
Regards,
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