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Does an HB1 always require a degree ?

Does an HB1 always require a degree ?

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Old Sep 20th 2008, 2:34 pm
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Question Does an HB1 always require a degree ?

I currently run a small HVAC company in London, 22 years exp.

No one has got the sense to run it for me if i went L1 route, so i'm not exploring that one.

I have come across a few companies in the LA area that have advertised for new recruits for over 3 months and are more than happy to go the HB1 route.
I'm qualified up to the hilt in the UK and fully understand that i have to obtain the US equivalent ( 6 weeks training plus assessments ). In the greater LA area there are a never ending amount of companies advertising, one web site has 2,022 vacancies ! There's obviously a shortage.

Obviously, i have no degree as you don't need one to do what i do.

So, am i wasting my time ?
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Old Sep 20th 2008, 2:55 pm
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Default Re: Does an HB1 always require a degree ?

Originally Posted by powerwrap
I currently run a small HVAC company in London, 22 years exp.

No one has got the sense to run it for me if i went L1 route, so i'm not exploring that one.

I have come across a few companies in the LA area that have advertised for new recruits for over 3 months and are more than happy to go the HB1 route.
I'm qualified up to the hilt in the UK and fully understand that i have to obtain the US equivalent ( 6 weeks training plus assessments ). In the greater LA area there are a never ending amount of companies advertising, one web site has 2,022 vacancies ! There's obviously a shortage.

Obviously, i have no degree as you don't need one to do what i do.

So, am i wasting my time ?
A degree or 12 years experience is the norm
Whether HVAC would be a "specialist occupation" enough ..maybe not

But will they go for the H visa when they know how much it will cost them ...I doubt it ..
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Old Sep 20th 2008, 3:07 pm
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Default Re: Does an HB1 always require a degree ?

Thanks Ray,

Out of curiosity, does that 12 year rule apply in all occupations?

As far as cost to them, i'd cover it obviously.
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Old Sep 20th 2008, 3:11 pm
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Default Re: Does an HB1 always require a degree ?

Originally Posted by powerwrap
Thanks Ray,

Out of curiosity, does that 12 year rule apply in all occupations?

As far as cost to them, i'd cover it obviously.
http://en.wikipedia.org/wiki/H1B_visa

Hell no .. You want to pay to get a job ..are you mad ..
Anyway part of the cost has to by Law be paid by them ...
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Old Sep 20th 2008, 3:25 pm
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Default Re: Does an HB1 always require a degree ?

Ray,

Is the 'hell no' refering to the 12 year question ?

As far as paying to get a job, compared to me gambling loads of money going for an E2 that may not be renewed after a year or setting up a new start on an L1, a deal with the company to pay for an EB1 seems to be less of a loser.

You've seen and replied to many of my posts, you know i'm fishing but i'm gonna get out there if it kills me.

Thanks Ray.
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Old Sep 20th 2008, 3:28 pm
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Default Re: Does an HB1 always require a degree ?

Originally Posted by powerwrap
Ray,

Is the 'hell no' refering to the 12 year question ?

As far as paying to get a job, compared to me gambling loads of money going for an E2 that may not be renewed after a year or setting up a new start on an L1, a deal with the company to pay for an EB1 seems to be less of a loser.

You've seen and replied to many of my posts, you know i'm fishing but i'm gonna get out there if it kills me.

Thanks Ray.
No ..the paying for a job ..LOL...

E-2 visas are given for an initial 2 years then usually five years
EB-1 not even close ....

Good lad ..keep trying ...
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Old Sep 20th 2008, 3:34 pm
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Default Re: Does an HB1 always require a degree ?

Originally Posted by powerwrap
Ray,

Is the 'hell no' refering to the 12 year question ?

As far as paying to get a job, compared to me gambling loads of money going for an E2 that may not be renewed after a year or setting up a new start on an L1, a deal with the company to pay for an EB1 seems to be less of a loser.

You've seen and replied to many of my posts, you know i'm fishing but i'm gonna get out there if it kills me.

Thanks Ray.
The 12 year rule applies to all occupations.

You sure as hell won't be an EB1, and that's going to make a big difference to your plans. If you somehow are found to qualify for an H1-B visa, at best you'll be EB3 (skilled worker). That will make conversion to a Green Card much more difficult. Look up "priority date retrogression eb3" for more info.

Put it this way; I am one of only about 10 people in the world who can do the specialized technical job I originally got an H1-B visa for. Even given that, I was only classed as EB3 when I first came out (USCIS aren't world experts in my field, even if I am) and as a result I was unable to get a Green Card until I changed approach entirely and applied for a National Interest Waiver. You won't have that option, unfortunately.

But that's all a bit academic, because the information you've given us makes an H1-B extremely unlikely. You simply aren't a "specialist worker" working in HVAC, and there's no real way around that fact.
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Old Sep 20th 2008, 4:08 pm
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Default Re: Does an HB1 always require a degree ?

Will do Ray, i'll see you one day......wait and see !

Thanks DBJ, i know its not a particularly specialised occupation, i was pursuing it on the basis of the lack of engineers ( allegedly ).

I should know this but isn't EB3 only for our Aussie cousins ?
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Old Sep 20th 2008, 4:15 pm
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Default Re: Does an HB1 always require a degree ?

Originally Posted by Ray
A degree or 12 years experience is the norm
Hi:

What non-immigrant classification are you talking about? You shifted from the H-1b to something else and I don't know what it is.

The H-1b, other than fashion models, is for occupations normally requiring a degree and the individual person has a degree or its equivalent. Although it may be possible for the 12 years of experience to substitute for possession of the degree, the OP's occupation does not normally require a degree.
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Old Sep 20th 2008, 4:17 pm
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Default Re: Does an HB1 always require a degree ?

Originally Posted by powerwrap
Will do Ray, i'll see you one day......wait and see !

Thanks DBJ, i know its not a particularly specialised occupation, i was pursuing it on the basis of the lack of engineers ( allegedly ).

I should know this but isn't EB3 only for our Aussie cousins ?
Your gettin EB-3 and E-3 confused ...
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Old Sep 20th 2008, 4:19 pm
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Default Re: Does an HB1 always require a degree ?

Originally Posted by Folinskyinla
Hi:

What non-immigrant classification are you talking about? You shifted from the H-1b to something else and I don't know what it is.

The H-1b, other than fashion models, is for occupations normally requiring a degree and the individual person has a degree or its equivalent. Although it may be possible for the 12 years of experience to substitute for possession of the degree, the OP's occupation does not normally require a degree.
Thank God you never confuse us ...lol...
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Old Sep 20th 2008, 4:20 pm
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Default Re: Does an HB1 always require a degree ?

Originally Posted by dbj1000
The 12 year rule applies to all occupations.

You sure as hell won't be an EB1, and that's going to make a big difference to your plans. If you somehow are found to qualify for an H1-B visa, at best you'll be EB3 (skilled worker). That will make conversion to a Green Card much more difficult. Look up "priority date retrogression eb3" for more info.

Put it this way; I am one of only about 10 people in the world who can do the specialized technical job I originally got an H1-B visa for. Even given that, I was only classed as EB3 when I first came out (USCIS aren't world experts in my field, even if I am) and as a result I was unable to get a Green Card until I changed approach entirely and applied for a National Interest Waiver. You won't have that option, unfortunately.

But that's all a bit academic, because the information you've given us makes an H1-B extremely unlikely. You simply aren't a "specialist worker" working in HVAC, and there's no real way around that fact.
Hi:

I'm curious. The difference between EB-2 and EB-3 is that an EB-2 is for occupations that require a master's degree. Did you try for the labor certificate and DOL balked at the master's degree? Or did you get the Labor Cert with a master's degree requirement and former INS or CIS balked at the I-140 stage and then was inconsistent with the NIW?
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Old Sep 20th 2008, 4:51 pm
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Default Re: Does an HB1 always require a degree ?

Sorry Ray, confused E3 and EB3 , too many E'ssss

And i've done it again with HB1 and H1B, maybe i should stay where i am! LOL

I was close to enrolling with a uni and doing a online degree ( proper one ) but it seems that it's not necessary in my line of work. I was mistaken in thinking it was a prerequisite of this particular visa.
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Old Sep 20th 2008, 4:52 pm
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Default Re: Does an HB1 always require a degree ?

Originally Posted by powerwrap
Sorry Ray, confused E3 and EB3 , too many E'ssss

And i've done it again with HB1 and H1B, maybe i should stay where i am! LOL

I was close to enrolling with a uni and doing a online degree ( proper one ) but it seems that it's not necessary in my line of work. I was mistaken in thinking it was a prerequisite of this particular visa.
Marry a US cit ..much easier ....
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Old Sep 20th 2008, 4:56 pm
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Default Re: Does an HB1 always require a degree ?

Originally Posted by powerwrap
Sorry Ray, confused E3 and EB3 , too many E'ssss

And i've done it again with HB1 and H1B, maybe i should stay where i am! LOL

I was close to enrolling with a uni and doing a online degree ( proper one ) but it seems that it's not necessary in my line of work. I was mistaken in thinking it was a prerequisite of this particular visa.
The H1b *does* require a degree or equivalent:

"U.S. businesses utilize the H-1B program to employ foreign workers in fields that require theoretical and practical expertise in specialized occupations requiring a bachelor’s degree or higher (or its equivalent), such as scientists, engineers, or computer programmers."

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
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