The following is not legal advice.  Please contact a qualified immigration lawyer regarding your specific legal matter.

The USCIS requires that for occupations that require a State license, such as teachers, that the beneficiary of the H-1B Visa have the license at the time the I-129 petition is filed.  The problem is that some States require that an applicant for a license have a social security number or work authorization from the USCIS before they will issue a license.

In a memo released on March 21, 2008, the USCIS has amended its field manual to address this issue.  The agency will approve the initial petition for one year if the beneficiary meets all of the other criteria for approval except for the requisite license.  When the H-1B extension petition is filed,the beneficiary will have to provide his or her license or the extension petition will be denied.

Author: Bradley Maged

I'm Brad Maged, an immigration lawyer in Boston, Massachusetts. I help people who want to live and work in the United States and companies that wish to employ them. This blog provides opinion and information on developments in immigration law. Thanks for reading!

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