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User

User Question: Hi, please help me with advice. I am asylum pending and have an EAD and SSN. I work at a restaurant. I would like to know if I can proceed with an H-1B case if my boss sponsors me.

Expert

Expert Answer: As an asylum applicant, you can technically apply for an **H-1B visa**, but there are challenges. Since the H-1B is a **nonimmigrant visa**, you must prove that you intend to leave the U.S. if it expires, which can conflict with your asylum intent. Additionally, **restaurant jobs typically do not qualify** for H-1B, as it requires a specialty occupation (usually requiring at least a bachelor's degree). If you have a degree and your employer offers a qualifying job, consult an immigration attorney to explore options.

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