Hyperelastic, by way of clarification, the term “professional” as used in U.S. immigration law (either for H-1B visa or permanent residency purposes) means that the position normally requires a minimum of a bachelor’s degree or equivalent (either equivalent foreign degree, work experience, or a combination of education and experience). That means it applies to all sorts of jobs, most of which also do not require a professional license or advanced degree of any kind. Biologists, finance and marketing people, accountants, teachers, lawyers, human resources professionals, management consultants – all these positions have historically been classified as “professional” under U.S. immigration law.
Also, it’s a common misconception that to hire a foreign worker in H-1B status, an employer has to show that no U.S. workers are available. That’s true for permanent residence purposes in most cases, but not generally true in the H-1B context. And honestly, my heart does not bleed for some of the U.S. IT workers complaining that foreigners are driving down their salaries when they were making six figures for jobs that don’t require any higher level of education and experience than mine does (and in some cases, far less). I ain’t makin’ no six figures, nor is my father, who is an Ivy-degreed engineer with an MBA and 40 years of professional experience, most of it in management. Besides, I’d be greatly indebted to the person who can explain to me how an annual quota of 65,000 H-1Bs can make an appreciable dent in the wages of U.S. workers, even if every single H-1B went to someone in a technical field.
Eva Luna, U.S. Immigration Paralegal