I worked with a client from China yesterday, who has a PhD in Chemistry. She now has F-1 practical training work permission, and she is planning far ahead, as her work permit is good for one year. It is always very smart to start early, understanding how the period of work after graduation can be converted into a longer-term work visa. I went over all the steps for selecting a position that would qualify for an H-1B, the Labor Condition Application (LCA), filing the forms, the fees, and what the timing issues are. She was very grateful.
The good news is, she is looking for a job at a community college or university. For people who have a Masters or PhD and want a job at a college or university, there is no H-1B visa quota! You do not have to worry at what time of year you file the H or whether there are "any left." The H-1B visa is unlimited for educational positions and non-profit research work. Good news!
Another piece of good news is that most universities and research institutions have professional staff who file H-1B visas. That means, the H-1B applicant will pay a fraction of what they would pay for an attorney for a private position (and in some cases, it will cost nothing). There are also fewer occasions when premium processing would be needed (an extra fee to get your case processed in 15 work days). Therefore, all parties can save money not paying the $1000 fee. Finally, there is little doubt the position will qualify for an H so the biggest obstacle is proving that the institution is paying the prevailing wage for the position. Sometimes this is a challenge at educational institutions but especially for teaching positions (which is what she wanted), the prevailing wage is usually not a problem.
Pretty much all the news was good for this young woman seeking an H-1B. The only bad news was that she truly loves teaching and would prefer to work at a community college. Although an H-1B at a community college is also exempt from the H-1B visa quota, most community colleges do NOT have a professional who can file H-1B visas and they may be much less sophisticated about the process (and more wary). If she finds a job at a community college, she may have to hire an attorney. Only an attorney on retainer, or a staff representative of an employer, can file an H-1B visa petition. However, I can help her make an intelligent argument for the H once she gets a job offer, and I can help her speak intelligently about the process of application and the advantages for educational institutions. In the case of the H-1B visa, I can really help non-immigrants understand what they are talking about so that potential employers are put at ease. That's one of the many things I like to do.
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