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H1 B Visa

madhuryaparsi1

Hello Everyone,

I am an immigrant from India and I work as an Architectural Associate/ Intern Architect at an architectural firm in Florida under 'EAD',My Job is a professional one, typically the first job someone would start off with after graduating from an architecture school with a professional Architecture degree, I have a Bachelors degree(B.Arch) from India and an M.Arch degree from the US. I deal with not only producing architectural drawings but also involve in making important Design decisions. My company is going to file an H1 B Visa for me, and my attorney and I have been trying to find a suitable title we could use for my position, under the H1-B oppucations, there are only two titles that seemed relevant to my designation:

1)Architect

2) Architectural Drafter

None of the above mentioned titles fit my job duties, because an 'Architectural Drafter' is not a professional title, but I am not an Architect yet either. I have no clue what title to use, Please help me! 

Thanks  

 
Mar 21, 18 10:49 am
Non Sequitur

Drafter works well as an architect needs to be licensed... That is where the professional title comes from.


Mar 21, 18 10:54 am  · 
 · 
joseffischer

I'm curious as to what options are shown for engineer.  Do they have EITs (Engineer in Training) as an option on the H1 B visa.  To be an EIT you need to have graduated from an qualified engineering undergrad program and passed the FE, but since you haven't yet passed your specific PE, you're not an engineer yet.  It's not like anyone on this forum can create an option on the H1 B visa that doesn't exist, and I doubt arguing with them on the phone will be of any use.  However, any lawyer who would advise to use the architect option would be very ill-advised.  One could argue that H1 B visas shouldn't be used for architectural drafters and fresh college graduates, but we have 2 in the office, and to my understanding, they're being paid the same amount as the other interns, so it's not like they're price cutting or "stealing jobs".  They were the best applicant we got at the time when we were hiring.

I love beating this dead horse, so I'll say it again, we should have AITs and/or switch our 'safeguarded' licensed architect to specific intials, PAs to match the engineers we work so closely with, or AD to mimic doctors (MD) and lawyers (JD).  Whenever this issue about protecting the word architect comes up in non-architectural circles, my connections/friends/family think it's ridiculous.

Mar 21, 18 11:11 am  · 
 · 
vi_d

Architect Level I.

The tile has nothing to do with real life work titles and licensing but is tied to prevailing wage requirements for foreign labor certification for different experience levels. Your job requires a professional degree but 0 years of experience. At the end of this message is the excerpt from the foreign labor certification guidebook. 2 notes:

1. I am surprised your immigration lawyer does not know all that already. I would be concerned as those are the basics of foreign labor certification you need for H1B.

2. I strongly advise against using public Internet forum for finding answers to legal questions. You want to be talking to professionals with true knowledge of the subject. If you need a 2nd opinion pay for a 1-hour consultation with another immigration lawyer. Yes, there is a cost but it is not outrageous ($100-$200) and it would give you and educated answer to your question. (And no, I am not a lawyer - an architect)

From "Employment and Training Administration Prevailing Wage Determination Policy Guidance"

Level I (entry) wage rates are assigned to job offers for beginning level employees who have only a basic understanding of the occupation. These employees perform routine tasks that require limited, if any, exercise of judgment. The tasks provide experience and familiarization with the employer’s methods, practices, and programs. The employees may perform higher level work for training and developmental purposes. These employees work under close supervision and receive specific instructions on required tasks and results expected. Their work is closely monitored and reviewed for accuracy. Statements that the job offer is for a research fellow, a worker in training, or an internship are indicators that a Level I wage should be considered.

Mar 21, 18 2:15 pm  · 
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