H1B Visa Lawyer Blog
‘Twas the Night Before Immigration Reform
‘Twas the night before immigration reform, when all through the Congressional House Not a creature was stirring, not even a mouse.
Immigration stakeholders hoped with bated breath For some kind of action before all had left.
All foreign nationals were nestled in bed having completed their biomeds,
While visions of permanent residency danced in their heads.
And USCIS in its service centers, and CBP at the ready,
Had just settled down as watchdogs to hold everything steady;
When all of a sudden there arose such a clatter,
That we took into hand the matter.
Suzie was in the U.S. with an expiring visa,
What could be done to bring order and reason?
The first step was to determine the right status to be,
Is it H, or L? Maybe O or trainee?
Best not to remain too long without status!
In a blink of an eye, Suzie could be in quite a fracas.
Suzie’s goal is to work.
And hopefully as something more than a clerk.
Suzie points out her potential job is one requiring a degree,
A specialty occupation she shouts with glee.
But wait, oh my gosh!
She actually holds a degree in Squash.
A degree match it’s not Clearly an H-1B visa would be for naught.
And in any case the H-1B cap Has been met this year, oh snap!
But lucky for Suzie, there seems an answer,
She worked abroad for 1 year for her sponsor.
Her AILA attorney asks – a manager she be?
Or perhaps specialized knowledge is held all agree.
Suzie will supervise no one and will work alone to boot,
A manager she’s not, so that’s not a good route.
Specialized knowledge – that’s tough;
To move forward we have to have evidence enough.
Suzie exclaims, a Senior Software Engineer I am!
My stay in the U.S. no longer condemned.
I work with Unix and Oracle, and even VB This is specialized knowledge, I’m sure you agree.
We take stock,
And unfortunately we balk.
We ask, what’s so special about these tools,
To be sure we follow all the rules.
Suzie answers, not much, they were bought off the shelf Not so special in and of itself.
We explain it’s a lot more complicated As we help Suzie become more educated.
An L-1 won’t work So elsewhere we look.
Maybe Suzie is extraordinary,
And that is a way to give her priority!
An O-1 visa would let her work,
And she wouldn’t even have to go berserk.
We review Suzie’s resume,
To see her achievements we assume.
Unfortunately there are none.
She simply is not the number one.
Another type of visa must be explored Please help me, she implores.
We contemplate,
Perhaps a trainee visa we should concentrate.
But that’s not a solution;
Too long she has been out of an educational institution While one year of experience she has,
The experience is not relevant leaving her sad.
A trainee visa correct for her not,
Now Suzie is quite distraught.
We think back to her company overseas.
We ask, can an E-2 be a breeze?
Has the foreign company invested in the United States?
Because otherwise Suzie may be in desperate straits.
They have, she explains.
A branch office it maintains.
The foreign company has invested money for equipment,
Along with premises, this may be the prescription.
All in all, the investment has been,
Over $100,000 or more, she grins.
So to the consulate we send her,
For her, it’s all been a blur.
But a package we put together with care,
With proof of investment we prepare.
The State Department concurs the investment was made,
A visa they issue, no need to be afraid.
To the United States Suzie comes,
Work authorized, she becomes.
So to work Suzie goes,
Good thing she talked to the pros!
Happy Holidays to all, whatever your creed,
With gratitude we hold you indeed.
Courtesy of Sarah Duckham, published on AILA.org!