H-1B VISA USA: BY-ER. AVINASH KULKARNI

Saturday Brain Storming Thought (247) 02/11/2024

H-1B VISA USA

USA Work Visa – The H-1B Visa is for individuals in occupations

That requires highly specialized knowledge

H-1B Eligibility

1) Have completed a U.S. bachelor’s or higher degree required by the specific speciality occupation from an accredited college or university

2) Hold a foreign degree that is equivalent to a U.S. bachelor’s degree or higher degree in the speciality occupation

3) Hold an unrestricted state license, registration or certification which authorizes you to fully practice the speciality occupation and be engaged in that speciality in the state of intended employment

4) Have education, training or progressively responsible experience in the speciality that is equivalent to the completion of such a degree, and have recognition of expertise in the speciality through progressively responsible positions directly related to the speciality

5) You must have at least 18 years old

6) There is no upper age limit

H-1B Visa Defined

1) Primary method for employers to recruit and hire international professionals and International students to work in the USA

2) Enables US employers to hire foreign professionals for a specified period of time

3) It is a “dual intent” visa that will not be denied simply because a person has ibtentions to become a permanent resident

Who qualifies for H-1B Visa

1) A Batchelor’s degree or Master’s degree (or the foreign equivalent degree from your country

2) 12 years work experience

3) A mix of further education + work experience

The general H-1B Visa qualification rule

1) For every 1 year studies at University / College = 3 points

2) For every 1 year of work experience = 1 point

3) 12 points in total are required to qualify for the H-1B Visa program

Processing of H-1B Visa

H-1B Visa applications can be filed by following methods

1) H-1B Visa Regular Processing

Cost-effective that takes longer

There is no set timeframe for a visa to be processed by the USCIS when filed through Regular Processing

(It can take anywhere from 1 month to 6 months)

2) H-1B Visa Premium Processing

A faster method to obtain an H-1B Visa for an extra fee of $ 1,225

(To expedite the application processing in as little as 15 days)

H-1B Visa Application process

1) Offer & Acceptance of H-1B Employment

a) H-1B Sponsoring Company/Employer files a petition on your behalf applications are “job specific”

b) The employer can be an individual, partnership or a corporation

c) The Visa is only valid for work with the employer that filed the original petition

2) The USCIS requires employment letters which provide the following information

a) Specific information addressing the job title to be held by you

b) The exact duties to be performed by you

c) The dates of employment

d) Information regarding the supervisor’s, manager and co-workers

H-1B Visa Petition

The filing must include

a) The required forms, fees, documents and information – I-129

b) Education & Experience evaluation and documents, training certificates, professional memberships, resume, employment agreement and letter of support

c) Copy of Identity card and copy of your Passports expiration page

Processing time for H-1B Visa

Processing time varies depending upon the service center and the visa

It could be a few months wait

a) If the H-1B employer can show a substantial need for the employee, USCIS might approve the petition sooner

b) Employment cannot begin until USCIS has issued the appropriate visa

After H-1B Visa Petition Process

1) Receipt issued by USCIS

2) The sponsoring company is sent a receipt by the USCIS Service Centre which bears a 9 digit reference number H-1B processing time and general information about the petitioner and foreign worker

3) This is the petitioner’s first confirmation tgat the petition is in the adjudicating queue

4) A notice is generated by the Sponsor and mailed to the applicant (H-1B Employee) notifying him/her of the receipt and outlining on processing time etc

5) The notice should warn the applicant not to resign from current employment, sell his accommodation and make any major life changes until it is communicated that the H-1B Visa Petition has been approved

After H-1B Visa Petition Approval

1) Generally a case will be approved within or on the designated time frame outlined in the USCIS receipt

2) A Approval notice (I-797) is issued to the petitioner

3) The form I-797 shows dates of validity for the foreign worker to work in H-1B status for the Sponsor

Consulate Services after H-1B Visa Petition Approval

1) The H-1B Visa beneficiary then applies for personal and family visas at the Consulate

2) Normally, people apply to the Consulate that is closed to where they live

3) Visa processing normally takes 2-3 days, depending on the Consulate

4) Once the passports are returned with a valid H-1B Visa stamp, the Consultant and his/her family may enter the U.S. in H status

Meaning of H Status in USA

It is a temporary (nonimmigrant) Visa category that allows employers to petition for highly educated foreign professionals to work in speciality occupations

Filing Fee and Cost for H-1B Visa

1) The Basic fee is $ 325

2) American Competitiveness and Workforce Improvement Act of 1998 ( ACWIA) fee

$750 if less than 25 workers

$1500 if more than 26 workers

3) Fraud Prevention and Detection fee of $500 (if applicable)

4) Public Law 114-113 fee of $4000 (if applicable)

5) Premium Processing Service fee of $1225 (if applicable)

H-1B Visa Extension

1) H-1B Visa is granted initially for up to 3 years, and then can be extended for another 3 years

2) The maximum amount of time an applicant can remain in the USA in H-1B Visa status is 6 years

3) Once the 6 year cap is reached, the foreign national must be physically outside the USA for 1 full uninterrupted year in order to reset the 6 year clock and apply for a new H-1B Visa

H-1B Visa Extension Applicability

1) 1 year H-1B Visa Extension

The foreign professional may extend H-1B status past 6 years in 1 year interval

This occurs when the PERM petition or the I-140 was filed 365 days before the 6 year expiration date

2) 3 year H-1B Visa Extension

The foreign professional is able to extend the H-1B status for up to 3 years if the applicant has an approved I-140 petition and the immigrant visa number is unavailable

3) Recapture time

The foreign professional may request a H-1B Visa Extension if he/she traveled outside USA during the validity of the Visa

The applicant is obligated to submit US entry and return days I-94 copies, and related stamps

H-1B Visa Transfer

1) Current H-1B Visa holders can transfer their visa and start work for a new employer

2) H-1B Visa transfer petition is submitted to the USCIS by the new employer (sponsor company)

3) Doesn’t fall under H-1B Cap

4) Documents required

a) Up to 3 months latest pay stubs

b) Copy of your existing H-1B approval notice (I-797)

c) Passport copies

d) Copies of I-94 records

e) Copy of Social Security Card

f) Latest resume

g) Copy of existing valid Visa

h) Copy of all your Diploma/Degree Certificates

Multiple H-1B Visa Petition

Allowed

Two or more employers can file your H-1B Visa Petition

But you can work for only one Employer

Holding Multiple H-1B Visas for different Employers Validity

1) When employers share responsibilities for the employee, one of the firms must designate itself as an employer, or, if the alien has two employers, each must file a petition

2) The USCIS has consistently stated that neither the new employer nor the beneficiary needs to take action with the USCIS, if the beneficiary switches employers, as long as multiple petitions were approved and the petition for the current employer remains valid

H-1B Visa holder can lead to a Green Card

1) Most temporary US Visas do not offer a path to US permanent residence

2) The H-1B Visa holder, however, is duel intent, which means holders can become eligible to apply for a Green Card once they reach the maximum stay of 6 years

Limit of H-1B Visa holders

65000

Current laws limit the annual number of qualifying foreign workers who may be issued a visa or otherwise be provided H-1B status to 65000 with an additional 20000 under the H-1B advanced degree exemption

Top reasons for H-1B Visa Denial

1) Not providing Qualified Academic Documents

2) Third-party work sites

3) Employer-Employee Relationship

4) Maintenance of status

5) Speciality Occupation Requirements

6) Prevailing Wage issues

7) Failed response to a request for evidence notice

8) Filling Fees

Bank balance required for H-1B Visa

You do not need to make a certain amount of money to be eligible for H-1B Visa

Can H-1B Visa holder marry a US citizen