The H-1B visa has an annual numerical limit or "cap" of 65, visas each fiscal year. There are an additional 20, visas for applicants who completed their master's degree from a US university.
See how the lottery process for H1B visa process has changed in Fy What is the maximum time period allowed on a limit on H-1B Visa? Initial approval is for 3 years, which can be extended in increments of up to 3 years. Total stay cannot exceed total 6 years.
Each applicant must have valid passport and need to complete a Visa application form, pay the fee, and appear for the visa interview at the nearest applicable US consulate in the home country. One of the basic requirement for H1B is education. The person must hold a U. In addition to the academic qualifications, the individual must be fully qualified to lawfully perform the duties of the position offered. In occupations that require licensure or professional credentials e. What type of jobs comes under Specialty Occupation?
Firstly, an US employer who chooses and agrees to employ you and file for your H-1B visa. The petition itself is a 2-step process. An H-1B visa is required if you are coming to the United States to perform services in a pre-arranged professional job.
To qualify, you must hold a bachelor's or higher degree or an equivalent degree in the specific specialty for which you seek employment. USCIS will determine whether your employment constitutes a specialty occupation and whether you are qualified to perform the services.
Your employer is required file a labor condition application with the Department of Labor concerning the terms and conditions of its contract of employment with you. Only Chilean and Singaporean citizens are eligible as principal applicants, although their spouses and children may be nationals of other countries. Applicants for H-1B1 visas should already have a job offer from an employer in their chosen work area in the United States, but the employer does not have to file Form I, Petition for Nonimmigrant Worker, and the applicant does not need to obtain a Notice of Approval, Form I form before submitting the visa application.
However, the petitioner does need to file an Application for Foreign Labor Certification with the Department of Labor prior to applying for the visa. For more information on the H-1B1 visa, please visit this page. An H-2A visa allows U. An H-2A nonimmigrant classification applies to you if you seek to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis.
This visa is required if you are coming to the United States to perform a job which is temporary or seasonal in nature and for which there is a shortage of U. Your employer is required to obtain a Department of Labor certification confirming that there are no qualified U. An H-3 visa is required if you are coming to the United States to receive training from an employer in any field of endeavor, other than graduate education or training, for a period of up to two years.
You can be paid for your training and "hands-on" work is authorized. Training cannot be used to provide productive employment and cannot be available in your home country.
If you are the principal holder of a valid H visa, your spouse or unmarried children under age 21 may receive an H-4 visa to accompany you to the United States. An L-1 visa is required if you are the employee of an international company which is temporarily transferring you to a parent branch, affiliate, or subsidiary of the same company in the United States.
The international company may be either a U. To qualify for an L-1 visa, you must be at the managerial or executive level, or have specialized knowledge and be destined to a position within the U.
In addition, you must have been employed outside the United States with the international company continuously for one year within the three years preceding your application for admission into the United States. You may only apply for an L-1 visa after your U. You must have:. The standard H1B filing fee is for the petition. The proposed fee increase will be effective from October 2nd, The fee can either be paid electronically as a bank transfer or in cash at a specified bank that has branches across India.
Next, create a profile on the US Visa Service website and select the scheduled appointment option to ensure the correct amount is paid and the appointment is scheduled in a timely manner. On the payment confirmation screen, you will be presented with payment options and further details of how to initiate payment.
The fee is good for a year from the date of payment. You must take an appointment within one year for your visa interview. An H4 visa is a non-immigrant dependent visa. The visa does not grant you permanent residency, but it gives you the right to live, study, and work in the US.
The validity of the visa is dependent on the visa of the sponsor who is also called the principal applicant. The visa is usually sponsored by the spouse or parent having the H type visa. The H4 visa becomes invalid when the visa of the sponsor expires. The U. International businesses that do not have associated offices in the U.
The L-1A visa is one of two categories of work visas in the L-1 visa category. Its equivalent, the L-1B visa is for staff with advanced skills who choose to migrate to the U. Upon expiry, the applicant may again apply for the L-1 visa holder status only after working for the parent, subsidiary, branch or affiliate of the organization for at least one year outside the U.
There are two main requirements for an L1 visa: employer requirements and employee requirements. This indicates that the two organizations are in some way tied by their ownership or association with each other.
With an L1 visa, the applicant must have been working for the international employer for at least one year in the preceding three years before they were admitted to the U. This employment must have been in an administrative, corporate, or technical area of expertise and their prospective jobs in the U. The employer just needs to file an I petition to qualify for the green card.
If the applicant has been accepted, he files for a status adjustment Form I L2 visas are also known as L1 dependent visas. The L2 visa is granted to the spouses and dependents of L1 visa holders.
An electronic notice should be given on or within 30 days before the labor certification is filed. It should be made available for viewing by affected employees for at least 10 days. Rules for the notice of posting vary slightly depending on if there is a bargaining representative or not. According to the Code of Federal Regulation, if there is not a bargaining representative, the notice should include:.
If there is collective bargaining representative for the occupational classification in which the beneficiary will be employed, the notice should pinpoint:. In addition to posting the labor certification, the employer must develop and maintain documentation to support the statements made in the notice of posting.
The Code of Federal Regulation States that the employer should retain records for one year beyond the period which the H-1B nonimmigrant was employed under the labor condition application or, if no beneficiary was employed, one year after the date the LCA expired.
Moreover, the documentation must be made available for public and Department of Labor examination upon request. FYI: Effective Sept. The first major hurdle for H-1B visa holders came in the form of Policy Memorandum issued on October 23, The new memorandum rescinded previous guidance, issued April 23, , that gave deference to prior determinations of eligibility for H-1B visa holders filing for extensions that involved the same parties and underlying facts as the initial petition.
In other words, USCIS introduced a series of policies with more stringent standards to apply to previously approved petitions. The second complication to H-1B petitions is wage levels. Specifically, entry-level positions that require a university degree, but no experience are typically classified under level 1 wage.
USCIS has argued that the job duties paying level 1 wages are not complex enough to qualify as specialized but too complex to be considered entry-level because they involve the exercise of judgment and thus require oversight from a wage level 3 supervisor. Quite the predicament. This brings us to the problem of singular degrees and specialization.
The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties. For instance, to fill a computer programmer position an applicant does not necessarily require a computer science degree to carry out tasks.
Instead, a person with a mathematics or information technology degree can adequately fulfil such job responsibilities. If the work is performed off-site, then the method and frequency of supervision are analyzed. USCIS further evaluates the employer-employee relationship in a myriad of ways, most common are: who pays the H-1B worker, sets their hours, directs their daily tasks, is in charge of hiring and firing, provides benefits and claims the worker for tax purposes.
To combat such intrusive investigation by USCIS, project management software that indicates oversight and services provided by all constituents should be used. Furthermore, submitting an itinerary or any and all documentation demonstrating the employer-employee relationship with specific job duties that is signed by all parties can help increase the chances of success. Obtaining H-1B transfer approval to switch jobs without premium processing, which is suspended until mid-February, will be an extremely SLOW process.
Exploring H-1B visa alternatives could be a solution to avoid long wait times. Restricting H-1B visa issuance has a number of negative impacts on our economy. Statistically every H-1B visa creates almost two jobs for Americans on average. In smaller companies it can create almost 7 jobs per each H-1B.
Reducing H-1Bs reduces jobs for Americans at almost double a rate. Makjng these high skilled visas tougher to obtain for American companies forces jobs and companies to leave America. It also has caused foreign nation students to lose interest in attending US Universities. Other countries like Canada and India are already enjoying increase migration of American companies and foreign nationals to bolster their economy especially in the tech industry. The US has lead the world in technology by importing the top skill in the world to come to our inviting and innovative environment, visa regulations are chilling this environment, this could cause us to lose our leadership position and adversely impact our economy.
Effective Sept. The new policy implementation allowing USCIS officers the ability to deny a visa or green card application, petition or request without issuing a Request for Evidence RFE gives adjudicators almost full discretion to make complex judgments without clear standards nor proper oversight to safeguard against unequal treatment.
What this means is that immigration officials who have questions about a case or see a technical issue can merely deny instead of give applicants or petitioners an opportunity to correct clerical errors or provide US employers and attorneys the right to address concerns.
The intensified restrictions to immigration still allow for the official to issue an RFE, but will they? In some cases yes. However, past actions signal that denials will rise, even in cases that would ultimately be approved given the opportunity to rectify concerns or submit additional evidence.
What this means is that immigration officials who have questions about a case or see a technical issue can merely deny instead of give applicants or petitioners an opportunity to correct clerical errors or provide U. Make sure you have a seasoned law professional with high approval success in your corner.
The changes could be devastating to American employers and employees who use legal processes to file visa petitions on behalf of the foreign nationals to extend their employment.
June 16, May 24, March 17, March 6, February 25, February 1, H-1B Visa. What is an H-1B Visa?
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