Question:
I was just wondering if a MBA would be easily accepted by the INS for a H1B
sponsored visa ?
It seems that pretty much everyone getting that visa has to do with
computer science stuff ..
What about a EB2 GC ? How realistic is it to get a DOL approval with a MBA
and little work experience ( 4 years ) ?
Answer:
Well, there are a couple things to consider. First, what counts is not
whether you have an MBA, but rather, whether the job requires one.
Second, business adminstration degrees seem to, from what I hear, be
more difficult than other degrees with INS. INS would often take the
position that these degrees are merely "helpful" and not "necessary"
for a job. The reasoning goes that there are even many CEOs that don't
have business degrees.
If you can give satisfactory answers to these questions, MBAs will be
just as good as any other degree.
INS is no problem.
The problem is with sponsor.
The tech sponsor get you to USA on 60K+ rate it make 30USD/h.
Later on he subcontract you on 100/h and keep the difference.
The sponsor has profit in it and it is the reason why he do it.
If you pay real market rates there is no shortage of qualified workers in
USA. In every market exist balance and as long your offer is right you get
right people.
If your industry don't create possibility to take advantage by getting you
on H1B visa it will be difficult to find sponsor for you.
To get you to USA they had to get LCA form for you and make wage survey. If
the diff between the wage survey and your market rate is low nobody will be
interested to talk with you.
Actually, most H-1Bs don't come as subcontractors, that's only a
minority. Most H-1Bs are straight employees.
And, incidentally, there are contracting agencies for business people,
too. Although it would be particularly difficult to get an H-1B
through those.
I'd argue with the "no shortage" argument. Even McDonalds has problems
finding people. At an unemployment rate of, in parts of the country,
less than 2%, virtually all industries face shortages.
As a matter of fact, there is some discussion about creating a new
immigration category for "essential workers" - people without college
degrees who perform lower-level jobs. I don't think it's going to
happen (and I don't think it would be a great idea, either).
Do you have a personal opinion about the likelihood of any of
the other legislation, that attemptoing to increase/remove the
H1 cap for a couple of years or make an extra visa category
passing?
My guess is as good as yours. But since you ask me for an opinion: the
pressure is getting so big now that I would not be surprised to see
some relief coming. Even Lamar Smith can't resist a hurricane!