'Specialty occupation" or not - your help needed...

[Kira1]

Hi guys,

Hope you can help: is a PROPERTY / REAL ESTATE MANAGER a 'specialty occupation' ? My friend is applying for H1B and so far his lawyer's assistant hasn't found anything confirming that this occupation is a 'specialty occupation'. Do you know anyone who got H1B as a Property / Real Estate manager? My friend already paid a lot of money as an attorney fee and now he is confused if it makes any sense to spend extra $2,440 and send the application to CIS..

Maybe you know where to find any precedencs cases showing that this occupation is a specialty occupation?

Thanks for your help.

[Kira1]

Hi guys,

Hope you can help: is a PROPERTY / REAL ESTATE MANAGER a 'specialty occupation' ? My friend is applying for H1B and so far his lawyer's assistant hasn't found anything confirming that this occupation is a 'specialty occupation'. Do you know anyone who got H1B as a Property / Real Estate manager? My friend already paid a lot of money as an attorney fee and now he is confused if it makes any sense to spend extra $2,440 and send the application to CIS..

Maybe you know where to find any precedencs cases showing that this occupation is a specialty occupation?

Thanks for your help.

[AliBA]

I doubt it would ordinarily require a bachelor's degree in this country, and if so, wouldn't qualify him for an H1-B. If he hasn't found anything, it's quite likely there's nothing to find.

[marmaduk]

Depend on the area. For some, the labor certification does state a bachelor degree requirement. Personally, I echo Aliba's opinion. It'll be hard to pass it through USCIS/DOL. Just for additional information, the 2006 H1-B cap has been reached already.

[Kira1]

Where did you find information that 2006 H-1b cap has been reached?

[marmaduk]

The master's cap has been reached sometimes back, in january IIRC. The overall one I think was met last year. Just google FY2006 H1-B cap.
The lawyers must be getting ready to file for FY2007, effective October 1, 2006.

[Kira1]

That's what my friend is trying to get - H1B for FY 2007

Hm... I found a case in Nevada - http://www.visalaw.com/05jul2/5jul205.html

Do you think it can help?

Thanks a lot for your help.

[marmaduk]

It should, providing the position are similar and your friend employer can come up with similar documentation and supporting evidence as the one in Nevada did.
Where's the job located at?

[Kira1]

New York City, the owner owns over 400 apartments. It is a little confused as I looked into Occupation Book (however they call it) and it states very clearly: the position is best for canidates with BA and the owners they prefer to hire candidates with BA but who know what the immigration officer thinks...

Thanks a lot for your opinion, I appreciate.

[marmaduk]

http://www.flcdatacenter.com/OesQuic...ear=6&source=1

I just picked Syracuse, but you can use it for the right county in NY. At the very least, should give them an idea of the salary to support the H1-B application.

[Houston]

If you're willing to settle for mediocrity, then sure. But if you expect something better, then you must go through the legal channels. Most people (not all but most) who come here illegally cannot even apply for a visa, there's no proper visa for them at all. What visa is there for a person who's coming to "look for" a job, no savings, no education, no particular skill but who's willing to do any job regardless of working conditions or benefits? That's another reason why there's a large illegal population, like it or not, INA has failed to adapt to the current times, and has never been properly enforced.

[Kira1]

The salary is $42,453 / year; my friend also has a LC etc.

But the main concern is if this job can be qualified as a 'spaciality occupation'.