What is the process for obtaining a work visa in the United States as an intellectual professional, and what qualifies as an intellectual profession?

As an intellectual professional, a person can obtain a work visa in the United States by applying for an H-1B visa. The H-1B visa is a non-immigrant visa category that allows foreign workers with specialized skills or knowledge to temporarily work in the United States.

Eligibility Requirements

• The individual must have a bachelor's degree or its equivalent in a specific field related to the profession.
• The individual must be employed by a U.S. employer who is willing to sponsor them.
• The position must require specialized knowledge or skills that are not easily found in the U.S. labor market.
• The employer must pay the individual the prevailing wage for that particular profession in the geographic area where they will be working.
• The individual cannot be self-employed and can only work for the employer who sponsored their visa.

Examples of jobs that would qualify as an intellectual profession for H-1B visa purposes include computer science, engineering, architecture, mathematics, physical sciences, social science, medicine, and biotechnology.

The Application Process

To begin the H-1B visa process, the employer must file Form I-129, Petition for Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS) along with the required supporting documents, including the individual's academic qualifications, evidence of the job offer, and evidence of the employer's financial ability to pay the individual's salary. Once the petition is approved by USCIS, the individual can apply for a visa at a U.S. embassy or consulate in their home country.

It is important to note that there is an annual cap on the number of H-1B visas that are issued each year, and the demand for these visas often exceeds the supply. Additionally, there are specific regulations and guidelines that must be followed in the petition filing process. Therefore, it is highly recommended to seek the advice and assistance of an experienced immigration attorney to ensure a smooth and successful application process.