Microsoft Desperately Needs H-1B Visas

Microsoft is desperate for the U.S. government to allow more foreign nationals to be permitted to enter, work, and live in the United States.  They are so desperate that general legal counsel, Brad Smith, testified before Congress on July 26, 2011, indicating that Microsoft has extreme difficulty finding qualified American workers for highly skilled jobs.  Some highly technical jobs are taking 65 days to fill, even in the current economy.  “We need to be able to attract – and have adequate access to – skilled workers from abroad,” said Smith.

The H-1B Highly Skilled Worker Visa

Other companies, immigration attorneys, interest groups, and individuals have previously asked for immigration reform to grant H-1B visas to more highly skilled workers.  Currently, 85,000 H-1B visas can be issued per year.  A U.S. employer must apply for the work permit on the worker’s behalf and the application process takes about 30 days if premium processing is used.

The worker must be highly educated (equivalent to a bachelor’s degree with appropriate licensing) and trained for a specialty occupation such as architecture, engineering, biotechnology, medicine/health, law, the arts, social sciences, physical sciences, education, and telecom.  This list is not exhaustive.

H-1B Visa Benefits

The H-1B visa benefits are significant, but limited.  The work permit indicates that the holder has the right to live and work for a particular employer in the United States.

The worker may bring his or her spouse and children (under the age of 21), under an H4 visa, which gives them permission to live in the United States with you.  Dependents cannot work without their own H-1B visa/work permit.

It also serves as a reentry document, meaning that the holder has the right to reenter the United States after an absence.

It is significant to note that a permit H-1B visa holder is neither a U.S. citizen nor a permanent resident.  And, thereby, does not have all the rights associated with citizenship such as voting.

Where to Get Help Applying for an H-1B Visa

If you have questions regarding obtaining a work permit and obtaining an H-1B visa, consult with a qualified immigration attorney.  Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration and getting work permits.

We focus our practice on immigration law and you can reach us at 513-793-6555 or Thomasjr@geygan.com.  We will gently walk you through the process and aggressively fight for your legal right