K.S., a citizen of Argentina, came to our office looking for options to work with a religious organization in Florida.  K.S. came to United States as a tourist.  The religious organization provides services to a big University in the area.  We discussed two options – a religious R visa and a professional H-1B visa.  Due to K.S’s educational and professional background the H-1B visa was selected. The initial H-1B visas are limited per each fiscal year – 65,000 applications.  This number is called a cap.  Employers can submit applications for their prospective employees as early as April of the fiscal year, with an employment start date no earlier that October.  However, there is an exception from the cap – organizations of higher education or other organizations related to them.  In K.S.’s situation, the challenge was to demonstrate that her sponsoring employer was an organization related to an organization of higher education.  Our office prepared documentation showing that (1) the activity of the religious organization was directly related to the activities of the University; (2) the University met the general requirements of an organization of higher education under the law; (3) the related religious organization  was a tax exempt organization; (3) a professional position was offered to K.S.; (4) K.S. met the qualifications for a professional worker; (5) the educational and experience background were necessary and/or required in order to perform the offered position. 

Our office submitted the application under premium processing guidelines.  Both K.S. and the employer were very happy to find out that the H-1B application was approved within 4 days.

If you have any questions or are interested in discussing your particular case, please contact us at the numbers on the home page.