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Immigration Issues/H1B visa for real estate agent

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Question
Hi,

I am currently in my OPT that will expire in 7 Oct, and I am applying for an H1B visa as a marketing analyst in a real estate company. I have a real estate agent license, so is it possible to include a real estate agent job role in my petition in order to receive comissions plus a fixed salary (from the marketing analyst position)?

Thank you.

Answer
Hi,

H1B regulations state that the offered position be a specialty occupation requiring completion of a relevant bachelor's degree to properly perform the job. The position of marketing analyst is a specialty occupation, whereby real estate agent is not. I suppose that you have at least a bachelor's degree in marketing, business administration or related field.

H1B regulations also require payment of a salary. Receiving any portion of your compensation through earning commissions is not permissible.

You can call our law firm during business hours at 212-268-3580, or email info@h1b1.com if you require additional guidance.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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