Saturday, September 8, 2012

H-1B and licensing requirements

If you are seeking H-1B status with respect to a job, be aware that generally speaking you will need to hold any license that the job might require.For example, professional engineers, physicians and attorneys, among other workers, are generally required to have a license. If your petition, therefore, involves such a job, you may need to have the respective license. Furthermore, if you are in fact required to hold the license, you must have it at the time your petition is filed.  Filing the petition without the license, in the expectation and hope that you will receive it before the start of your H-1B status, is not an advisable practice.

The H-1B regulations provide one exception to this rule, and one can call this exception that of the "the chicken or the egg."  One instance in which you do not have to have such a license is that where the license requires you first to have a social security number, for which in turn you must have H-1B status to begin with.

In this situation, you are not required to have the license. However, you must submit proof, regarding this social security number requirement, from the organization or agency that issues the license. Then, if your H-1B petition is approved, the approval will last only for one year. During that time, you will be required to apply for and obtain the license.

Contact me at 215-983-3723 or csun@calvinsun.com

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