Legal Minefield for Professionals in H1-B Visa [Video]
The H1-B visa application allows highly educated or highly skilled foreign nationals to work in the U.S. for six years — but it is a legal minefield. The application process is very complicated and can take up to several months, according to field producer Clare Major.
Startup businesses, particularly software companies, are warring for talent and are eager to bring in job candidates from overseas. “If you make a typo on an application or if you don’t coordinate something, an application can get kicked back — and then you’ve missed your deadline,” says immigration lawyer Kirsten Schlenger of the law firm Weaver Schlenger Mazel in San Francisco.
More than 85,000 visas are distributed each year, and the annual filing deadline is April 1. In the video, Schlenger identifies four roadblocks to getting an H1-B visa. “I know complexity, and immigration law is a mind-bender,” she says. “Much of what happens isn’t in the law. It’s in memos, it’s in practice, it’s in knowing who to call.”
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