H1B1 Visa (Singaporeans)

By Editorial Team , 29 October 2006

Will YouTube Sponsor H-1B Workers after its acquisition by Google?

Many foreign programmers, and other professionals, who would like to work for YouTube and Google wonder whether YouTube and Google sponsor individuals for H-1B visas. As you can see from the following chart, Google does indeed sponsor H-1B workers. Therefore, after the acquisition of YouTube by Google, Google will likely continue to sponsor individuals for H-1B visas provided that the H-1B quota, established by the U.S. government, has not run out.

By Editorial Team , 29 October 2006

Can Wee Shu Min get Asylum in the United States?

Wee Shu Min is the 18 year old daughter of Wee Siew Kim, a current Member of the Parliament of Singapore in the Ang Mo Kio Group Representation Constituency (Jalan Kayu), representing the current ruling People's Action Party. She is purportedly a student in Raffles Junior College's scholarship program.

Extensions of Stay Filed Late: When the Delay May Be Excused

The requirement this page qualifies. A request to extend a nonimmigrant stay must ordinarily be filed before the previously authorized period expires, and by or for a person who has maintained the classification. An extension or amendment of stay may not be approved where the person failed to maintain the previously accorded status, or where that status expired before the request was filed. The same provision, however, allows the lateness of the filing to be excused. 8 C.F.R. 214.1(c)(4)(i).

Extension of Stay

What this part of the handbook covers. An extension of stay is a request to remain in the United States longer in a nonimmigrant classification that a person already holds. It is decided by U.S. Citizenship and Immigration Services on a request filed inside the country, and the general framework appears at 8 C.F.R. 214.1(c). This page sets out that framework. The page beneath it deals with the narrower problem of a request filed after the authorized stay has already expired.

What are the exceptions to having a post-secondary degree or its equivalent to qualify for an H-1B1 (for Singaporeans)?

Nearly every H-1B1 applicant qualifies the same way: by holding a degree in the field of the job. That expectation comes from the statutory definition itself. INA 214(i)(3) describes a specialty occupation for this category as one requiring the theoretical and practical application of a body of specialized knowledge and, as a minimum for entry into the occupation in the United States, a bachelor’s or higher degree in the specific specialty or its equivalent. Two occupations are treated as exceptions to that expectation.

When should the Spouses and children of H1B1 visa applicants, who are not Singaporean, apply for a derivative visa?

Spouses and children of H visa applicants who are not Singaporean are strongly encouraged to apply for their visas at the same time as the principal applicant, regardless of whether they have firm plans to travel to the United States. If the H1B1 visa holder is not present for the application of their non-Singaporean spouse and children, the applicants may be asked to apply in their home country, where their marriage and birth documents can be properly verified.

Are extensions and renewals allowed for H-1B1 visas (for Singaporeans)?

Yes, but the two words describe different things. H-1B1 status, the specialty occupation category created by the U.S.-Singapore Free Trade Agreement, is granted one year at a time. Staying longer is routine and there is no fixed lifetime ceiling in the H-1B1 provisions, yet each additional year has to be applied for, and the requirements tighten as the years accumulate.

Can the H1B1 principal applicant’s spouse, dependent children, and family accompany him or her to the U.S.?

Yes. The H1B1 visa (for Singaporeans) allows the principal applicant to live and work in the United States accompanied by his or her spouse and dependent children.

Note, however, that only spouses and children of H1B1 work visa holders are eligible for derivative (H4) visas. Parents and other family members are NOT eligible for H4 visas. They may visit a worker for a temporary period of time if they apply for and receive a tourist visa, or on the Visa Waiver Program if they are eligible.