H-1B Visa | owenlawpc

H-1B
Visa

The H-1B visa is a non-immigrant visa that enables U.S. employers to hire and temporarily employ foreign professional workers in specialty occupations. H-1B visa holders may legally live and work inside the United States for a duration of 6 years.

H-1B types and characteristics

The types of H-1B

1.Capped H-1Bs

The H1B quota or H1B cap is a numerical limit placed on the number of foreign workers authorized to work in the United States annually under H1B status. Created under the immigration act of 1990 and initiated on October 1,1991, it reached its maximum count of 65,000. Later, this was increased twice: to 115,000 for 1999–2000 and to 195,000 for 2001–2003. In 2004, the H-1B cap was reverted to 65,000 visas and 20,000 were added for applicants with U.S. postgraduate degrees .

Congress has authorized a maximum number of 65,000 H-1B visas to be issued annually, plus an additional 20,000 per year for H-1B beneficiaries with at least a master’s degree from a U.S. college or university or its foreign equivalent.

2. Cap-exempted H-1B

It does not have quotas or annual restrictions. It is very popular. Applicants can apply for it at any time of the year. However, certain criteria must be met.

a) H-1B1:The H-1B1 is a subcategory of the H-1B visa designated for workers in specialty occupations,” with no quotes around specialty occupations from Chile and Singapore.

b) H-1B2:The H-1B2 visa is intended for aliens who perform services of an exceptional nature relating to a cooperative research and development project administered by the United States Department of Defense (DoD).

c) H-1B3:The H-1B3 is a subcategory of the H-1B visa program designed for nationally or internationally recognized fashion models. For more information, please click: (5.3)

Characteristics of H-1B

specialty occupation
It requires theoretical knowledge and practical application ability for a particular specialty.

educational requirements
1) A Bachelor's degree or Masters Degree (or the foreign equivalent degree from your Country, please see degree evaluation), OR
2) 12 years work experience , OR
3) A mix of further education + work experience
USCIS generally considers three years of professional experience the equivalent of one year of college education.
If you do not complete four years of undergraduate education, you can also meet this requirement by having years of work experience in a particular field or a license in a professional field.

Wage Standards
Employers need to file LCA (Labor Conditions Application) to the U.S. Department of Labor to ensure that the employers (U.S. Petitioner 5.5)pay the same prevailing wage indicated to foreign workers(U.S. Beneficiary 5.6), offer the same benefits to H-1B visa holders as other employees.

Limits
Capped H-1Bs Congress has authorized a maximum number of 65,000 H-1B visas to be issued annually, plus an additional 20,000 per year for H-1B beneficiaries with at least a master’s degree from a U.S. college or university or its foreign equivalent. (6800 visas for Chile and Singapore.）
Cap-exempted H-1Bs: No limits

Change the job
After voluntary resignation or voluntary resignation, H-1B holders have three choices:
1) Apply for another non-immigrant visa ( change of Status 5.7)
2) Find the next employer to apply for H-1B within 60 days after leaving the company
3) Leave the United States
Please note that once the H-1B employee's work terminates (voluntarily or involuntarily), his/her H-1B status expires. That is to say, if you lose your job, you lose your legal status.
For more questions, please click here.

Dependents of H-1B workers
Spouses and unmarried children under the age of 21 are considered dependents of H-1B workers. They can apply for H-4(5.7)
This classification permits “coextensive” stay, which is legalese for permission to enter and remain in the U.S. for as long as the H-1B visa holder has valid status.
H-4 holders can attend school, whether on a part-time or full-time basis. They aren’t allowed to work, unless they can obtain employment authorization from USCIS.

Dismissal and resignation:
Dismissal: If an employer (U.S. Petitioner 5.5) fires a foreign employee (U.S. Beneficiary 5.6) before his or her H-1B status expires, the employer will have to bear the cost of return air tickets for employees returning to their original (overseas) country of residence.
Resignation: If the H-1B status of a foreign employee (U.S. Beneficiary 5.6) leaves automatically before his or her H-1B status expires, the employer does not have to pay any return tickets fees.

Green card application after obtaining H-1B:
The first method: Employer-sponsored green card process
The second method: Self-petition Please see EB-1A , EB-2 NIW.

H-1B visa Requirements:

To apply for H-1B visas, foreign nationals must possess at least a bachelor's degree or its equivalent. In many cases, this requirement can be satisfied by having a three-year degree in addition to three years of relevant post-graduate work experience.

Not necessarily any profession qualifies for an H-1B. A foreign worker must be in a “specialty” occupation. Qualifying occupations are those requiring highly specialized and technical knowledge in fields including, but not limited to:

Law
Accounting
Architecture
Biotechnology
Computing
Engineering
Education
Finance
Healthcare and medicine
Information technology
Marketing
Mathematics
Telecommunications
The arts
The physical and social sciences

There are many qualified positions, not just those listed above. Although there has been no change in the law in recent years, the requirements of USCIS are becoming increasingly stringent. Some majors were previously recognized as Specialty Occupations. Now they are not considered to meet H-1B visa requirements. For example, because Undergraduate majors of marketing managers do not always necessarily study marketing, and CEOs can also be selected from all fields, USCIS often denies H-1B applications for management who do not have a major within the specialized fields. USCIS also denies H-1B applications that do not require professionals.

H-1B process

Employer-sponsored green card process:

Step 1: Find an employer willing to sponsor your green card and offer you a position that meets EB-2/EB-3 PERM. This can be your H-1B employer or any other employer.

Step 2: PERM (an ETA 9089 form must be filed.)

Step 3: File I-140 petition

Step 4: Once USCIS receives your application, that date is your priority date. Before entering the final step, you need to wait until your priority date changes to the current date

Step 5: Submit I-485 status after the visa is available. After the interview, USCIS will automatically make the green card and mail it to the applicant. The applicant will become a permanent resident of the United States on the date of approval.

H-1B Required Document List

From the employer:

1.Introduction (Company brochures), Name, permanent address, and phone and fax numbers, size, business, financial situation, employee situation of company

2.Job title of the position, along with a detailed description of duties, salary offered, and minimum qualifications for the job

3.Name and title of company agent signing forms on employer’s behalf

4.Federal tax ID number and the latest tax returns

5.Company letterhead (several copies)

6.Filling fee, Government fee, Anti-fraud fee, Labor training fee

From the employee:

1.Sponsorship of and job offer from a U.S. employer

2.Resume, Photo

3.Diploma

4.Transcripts

5.Passport, including the visas to enter the United States

6.Professional license(s), if applicable

7.Proof of prior U.S. legal status, if applicable

8.Recommendation letters from previous employers; certificates of honor

Not Required but Preferable if Employee is in U.S.:

1.Copy of the front and back of I-94, if applicable

2.Copy of I-20 authorizing practical training period

3.Copies of any prior H-1B approval notices

4.Copies of most recent paystubs from current H-1B employer, if applicable

5.Social Security number, if applicable

6.Copies of any prior J-1 approval notices

From the employee’s dependents:

1.Passport, Name, Date and place of birth

2.Copy of the front and back of I-94, if applicable

3.Proof of prior U.S. legal status, if applicable

4.Marriage certificate (for spouses) 5.Birth certificate (for children)

FAQ:

Extending H-1B Status Beyond Six Years

If H-1B visa holder filed Form I-140 or a PERM labor certification application at least 365 days before the end of his/her six-year H-1B time limit and the application is still pending, then he/she can extend his/her H-1B status beyond the six-year limit.

H-1B visa holder files an I-140 petition, which is approved. However, an immigrant visa number is unavailable to the alien due to retrogression in the relevant category. In such a situation, the alien can extend his/her H-1B status in three-year periods of time beyond the maximum of six years.In this case, he/she doesn’t need to extend his/her status 365 days before the end of his/her six-year H-1B time limit.

I am in H-1B status now, can I apply for NIW/EB-1 and PERM at the same time?

Yes, Immigration & Nationality Act allows applicants to submit multiple immigration applications at the same time. Different types of immigration applications have different requirements for applicants.

I am in H-1B status now and plan to apply for I-140. How will my I-140 application affect my status?

It does not affect H-1B status, but if applicant

1) Apply for F-1, F-2, B-1, B-2, J-1 or J-2 visas; 2) enter the U.S. in F-1, F-2, B-1, B-2, J-1 or J-2 status; and 3) Change your status to F-1, F-2, B-1, B-2, J-1 or J-2 status. The applicant who obtain these visas or status are not allowed to have immigrant intent. Once the applicant submits I-140, he/she has immigrant intent. So it will have an impact on F-1, F-2, B-1, B-2, J-1 or J-2 status.

Can I apply for multiple H-1Bs?

Yes, you can apply for multiple H-1Bs. You are allowed to work for more than one U.S. employer. Each employer submits an H-1B application. And the same employer can only apply for an H-1B for the same employee.

Also, note that as long as you are in H-1B status and have been counted against the H-1B quota in the past six years, your petition to work for another employer concurrently is not subject to the cap.

I haven't continued my studies since high school. Am I eligible to apply for H-1B?

Probably. If you have enough work experience and it is related to the job you are going to do in the United States, you may apply for H-1B even without a bachelor's degree. USCIS generally considers three years of professional experience the equivalent of one year of college education.A alien worker lacking a bachelor’s degree would need to have 12 years of relevant work experience to meet the minimum education requirements.

Can I have a part-time H-1B job? If I currently have H-1B status under my full-time employer, is there anything I need to do?

Yes. As long as your work hours are at least 50 percent of the normal full-time hours in your industry, and provided you satisfy all other requirements for an H-1B, you can obtain part-time H-1B status.

If you already have H-1B status, you can apply for a concurrent H-1B for another part-time job. In this situation, there is no set number of hours that you must work for each employer. You should ask the new prospective employer to apply for a part-time H-1B visa on your behalf. You are permitted to keep two or more concurrent H-1Bs.

I am in H-1B status now. If my employment is terminated, can I stay in the United States?

The USCIS does grant up to a 10-day grace after an H-1B visa ends (and the employer doesn’t file an extension) for the individual to get their affairs in order and prepare to leave the U.S.

However, this only applies to the natural end of the visa’s validation period. If your employment is terminated before the end of that period, then these 10 days do not apply. Fortunately, you will still be protected by the new 60-day grace period.

As dictated by the terms of the H-1B visa, you have to be working and earning wages from your employer in order to maintain lawful status. If you remain employed but your employer no longer pays your wages, you will have 60 days to regain lawful status before being considered “out of status.