Q: How has getting a work visa after business school changed in the last few years?
A: Congress imposed a limit on the H-1B work visas in the 1990s. The H-1B visa category allows qualified foreign nationals with at least a BA to work temporarily in a specialty occupation that involves highly specialized knowledge, according to the Immigration & Nationality Act. The limit on these visas reached a high of 195,000 from 2001 to 2002, before dropping back down to 65,000 in 2003. It has since been reduced further to 58,200 by two free trade agreements that guaranteed a number of those visas would be given to citizens of Chile or Singapore.

Most MBAs who are hired by regular companies (not university-affiliated research institutions or nonprofits) will fall under this quota. The application cycle opens on Apr. 1 even though the fiscal year doesn't begin until Oct. 1. It is critical to apply as early as possible, because the quota gets filled very quickly. Students must also have some type of work authorization or proof of employment that lasts through Oct. 1.

Q: Is anything being done to expand the quota?
A: In December, Congress expanded the visa cap to include an additional 20,000 spots available to persons who have Master's or higher that were earned in the U.S. Those are about to become available and will be available to MBAs. They were supposed to be made available in early March, but reportedly there has been a slight delay. Check the State Dept. Web site to keep abreast of this topic.

Q: What are the biggest mistakes that people make in applying for work or student visas?
A: If a student is approved for a visa the first time, he or she often assumes it will be approved every time. For some countries, student visas only allow for one or two entries into the U.S. If students leave to go on vacation, for example, then try to come back, they will have to reapply and could be denied. For instance, if they have since secured a job in the U.S. but have not yet gotten a work visa, the consul may suspect that they won't return to their home country, especially if they come from a poor area.

My advice to students is that, if you're already here with a student visa, finish your studies, find a job, then go home for a visit when you have a work visa. The work visa doesn't have the requirement that you return to a residence abroad when the visa expires. That makes it easier to renew.

Another mistake I see people making with the work visa is trying to complete the process on their own. They often go online and think it looks really simple. People don't realize how complicated the immigration laws are. They are often compared to the tax code for this reason. I would advise all internationals planning to get a work visa to get an attorney, either with their hiring company or on their own.

Students also fail to take advantage of what we call Optional Practical Training. This is a year of employment that is given at the end of each level of study. Students have to apply for it, but it's given by U.S. Citizenship & Immigration Services. Go to the vocational-student Web site and scroll down for more information on eligibility. The three criteria for being approved are: the proposed employment must be for the purpose of practical training, it must be related to your studies, and you cannot receive the same type of training in your country of residence.

Q: When should students start getting their documents together to attend business school in the fall?
A: For the regular admission cycle, notification is usually delivered in the spring. The school will then issue international students a form called an I-20. Students should go to their consulate to learn application procedures and to make an appointment. (Sometimes there are long waiting lists for appointments.)

Also, I would recommend leaving at least 60 days for background and security checks. For most cases, it would be safe to start this process at least three months before the proposed date of enrollment in the program.

Q: What are important resources for international students?
A: The State Department, the U.S. Citizenship and Immigration Services, and the U.S. Immigration and Customs Enforcement . This (latter) organization controls interior enforcement of immigration laws, as well as overseeing the student and exchange visitor information system, which tracks students once they arrive in the U.S. I also invite all internationals to use our company Web site, David Ware & Associates. We constantly update it and include a section for breaking news on the immigration front.

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