QUESTION

Can I start the H1B Lottery process if I am going to graduate this Summer.

Asked on Feb 11th, 2024 on Immigration - New York
More details to this question:
Hi, I am currently on a student visa, I have one course left to get my Master degree this summer. I did an internship with an employer who wants to sponsor my H1B visa, can I apply right now ? even though I did not finish my Master degree ? or I need to wait till I finish my Master degree.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
That depends upon whether your bachelor’s degree was earned in the US or if not, is the equivalent of a US baccalaureate degree – and whether it is related to the position that you will be sponsored for, which must be in a specialty occupation requiring a related bachelors degree. If your bachelor’s degree is not the equivalent of a US bachelor’s degree, you might be able to qualify for H-1B specialty occupation status if you had sufficient related professional work to make up for the lack of a US degree. In immigration parlance, three years of such work can make up for one year of missing education. There is even the possibility of your master schooling being added to your baccalaureate schooling to give you the equivalent of a baccalaureate degree related to the specialty occupation. If you meet those conditions, your employer can sponsor you. For FY-2025, cap H1B registration season goes from 3/6/24 – 3/22/24. If you miss this registration, you would have to wait until next year for the next round. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 09th, 2024 at 6:08 PM

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