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October 20, 2008

Filing an H When the License is Delayed

Vermont Service Center has recently provided information pertaining to H-1B filing when license issuance is being delayed. When filing for an H-1B for a beneficiary in a profession that requires a license (teacher, nurse, architect, physician), the H-1B cannot be submitted without the license. In the very limited circumstances where the license is delayed because the beneficiary does not yet have a Social Security Number, the VSC is generally willing to approve the petition for at least one year. This is contingent on submitting documentation from the state agency confirming that the beneficiary has met all other requirements for the license (except providing a SSN) and that one will be issued as soon as the agency receives the SSN.

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