Best Job for H-1B

Posted on March 16, 2008 by Warren Wen | Category: Immigration

Working for Higher Education Institutions: The Best Choice for H-1B Applicants

In our previous article we mentioned that the US has become an increasingly inaccessible place to live for numerous foreign students and aliens in the US because of the tough situation for H-1B applicants.  Nevertheless, most students who have degrees in the US still want to apply for an H-1B visa because it is one of the best ways to stay in the US legally.  We also mentioned that, in order to increase the chances of getting your H-1B application approved, it is important to prepare ahead of time and choose an appropriate employer and position.  Besides these two things, are there any other ways of increasing the chances of getting your application approved?

According to our years of experience, the biggest barrier for H-1B applicants has been the quota restriction.  Since the regular H-1B quota is not likely to be increased in the near future, it is easier to get applications approved in jobs at certain types of employers that are not restricted by a quota.  The best choices for applicants are in higher education institutions and non-profit organizations affiliated or related to a higher education institution.

Many foreign students want to find a job and apply for an H-1B before their Optional Practical Training (OPT) period expires.  Although there is a separate quota reserved for foreign students who hold graduate degrees, this quota is still less than the number of applicants.  Because of this, most foreign students who fail to get H-1B status after their OPT periods expire have to continue their studies in order to maintain their legal status in the US.  However, those students may have other choices.  For example, they can work for higher education institutions and non-profit organizations affiliated or related to higher education institutions, which are not restricted by a quota limitation.  This can greatly increase your chances of getting your application approved.  Also, non-profit institutions are usually supported by the US government.  Thus, these kinds of schools and organizations can provide stable working conditions, and are less affected by the present economic recession.  Many students with higher degrees can easily meet the basic requirements of higher education institutions.  Therefore, working for higher education and non-profit organizations is a very good choice for foreign students.

Some higher education institution’s affiliate companies, such as affiliated hospitals, schools and research centers also do not have H-1B quota limitations.  In addition, some cooperative research and development centers, and projects or co-production projects under reciprocal government-to-government agreements administered by the US Department of Defense do not have H-1B quota limitations.  These areas need to be considered by foreign student when they are looking for jobs.

In summary, students who want to stay in the US should actively look for job opportunities in higher education institutions and all types of non-profit organizations in order to increase chances of getting their H-1B applications approved.  They also need to be better prepared during their job hunting.

This article is only for your reference. Please do not apply mechanically to any exact cases. You are welcome to consult our attorneys at Liu & Associates, P.C. For contact information, please click here.