How to meet the requirements of "professional occupation"

With the gradual improvement of American economy, the number of applicants for H 1B this year has increased significantly compared with the previous two years. According to official data, from April, 2065438 1 to May, 2065438 18, the Immigration Bureau received a total of 42000 ordinary H 1B applications (with a total quota of 65000), in addition, 16000H came from holders with master's degree or above. However, we remind the applicant that in recent years, the Immigration Bureau has been more and more strict in examining H 1B cases. Although the quota trend is very fast, the quality of submitted cases must not be sacrificed while pursuing speed to seize the quota. In this paper, we will combine the relevant internal regulations of the Immigration Bureau and the case of H- 1B that we have handled to talk about the most critical and basic requirement of H- 1B application: occupation.

When examining the application of H- 1B, the immigration officer must first understand the overall operation of the company. Generally speaking, if the total annual income of the applicant company is less than 100000 US dollars, the number of employees is less than 25, or the establishment time is less than10 years, it may attract the attention of immigration officials. Immigration officials have reason to believe that there are potential false information in the application materials, which leads to strict examination of H 1B applications submitted by such companies. In addition, the application of H- 1B submitted by small companies for the following positions may also attract the attention of immigration officials: accounting, human resources, analyst occupation (including market analyst, business analyst, financial analyst, etc. ), management personnel (including advertising, marketing, public relations, sales managers, etc. ).

Many employees working in small companies are worried that their H- 1B applications will not be accepted. The fact is not so pessimistic, because small companies are the main driving force for the economic development of the United States, accounting for more than 90% of all companies in the United States. There are not many foreigners who can work in the world's top 500. Most graduates tend to get job opportunities in small and medium-sized companies more easily. Because many large companies generally don't allow employees to hire lawyers, most of the applicants we assisted in applying for the H 1B visa came from small companies with less than 25 employees, and most of their jobs were listed as key positions for review by the Immigration Bureau.

In the case that the company's scale and operating conditions are not dominant, the key point to decide whether the case of H 1B can be approved is whether it meets the requirements of professional occupation.