Andy

My employers (on and off due to problems with visas) for the last two years in the US are considering applying for a H1B visa for me. But before they being to wade throught the legalities and attornies etc they asked me to seek out the answers to some 2 potential problems.
Number 1: I have a batchelor's degree from the UK yes, but it has nothing to do with my offered employment. Does the degree have to be DIRECTLY relevant to the position or do you merely have to have obtained a bathcelors degree?
Number 2: Earlier this year they applied for a (I believe) a H2 visa??? The DOL turned down the certification, stating that the job position was not temporary and therefore they couldn't approve it as it did not meet the 'temporary criteria'. Is this likely to affect my chances of getting the relevant H1B certificates etc granted???

Any help, or a web-site that would be relevant and have all the info in plain English for us less 'in the visa knowledge' type people???
Thanks

Sylvia Ottemoeller

Andy wrote:

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You must have obtained a bachelor's degree in a field which is sufficiently related
to the field of the position which is offered.

Number 2: Earlier this year they applied for a (I believe) a H2
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No. The reason for rejecting the H-2 petition was that the position is not temporary.
H-1B classification does not require that the position be temporary.

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The employer does not have much of a chance of success unless they (or you) hire a
good immigration attorney. This is a tricky H-1B. They already bombed with the H-2
petition, because of a problem that any decent immigration attorney would have known
about. That being said, you can read up at these sites:

http://www.americanlaw.com/h-1b.html http://www.usvisanews.com/nonimv-h1b.html