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is getting h1b visa easy

by Odie Hodkiewicz Published 2 years ago Updated 1 year ago
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How Difficult Is It To Get an H1B Visa? H1B visa requirements can be difficult to meet because you must first be hired by a U.S. employer who is willing to sponsor you. Competition for jobs in the United States is fierce, and demand for visas to enter the US grows daily.

Full Answer

What are the requirements for H1B visa?

H-1B Visa Requirements. H-1B visa applications require a petitioner (the employer) and beneficiary (employee). The beneficiary must meet a minimum of one of the following requirements: Have completed a bachelor's degree (or higher) in the same field as their specialty occupation from an accredited university.

How to get H1B stamped?

You will need to carry the following documents to the interview:

  • Copy of the DS-160 form
  • All current and expired passports (original)
  • Visa interview confirmation letter
  • H1B approval notice (original)
  • Copy of H1B application
  • Copy of H1B LCA
  • Verification letter from US employer
  • Pay slips of the last three months
  • Education degrees (school, graduation and post-graduation, if applicable)

More items...

What is H1b1 visa, processing time?

H-1B1 Visa Processing Time. Since the H-1B1 visa is not available for premium processing, it takes more time than the H-1B. Processing times vary from country to country, but in general it takes 4 to 6 months for the H-1B1 visa to be processed.

What does H1B visa mean?

  • H1B visa holder can buy or sell real estate or any other property in USA.
  • H1B visa holder can purchase lottery tickets
  • H1B visa holder can invest in the stock market as well.

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What are the chances of getting H1B visa?

In 2018 (fy 2019) 170,098 H1B visa petitions were approved, and 65,000 were allocated for the regular cap, resulting in a less than 38% chance of being selected for H1B visa.

How quickly can you get an H1B visa?

USCIS takes 15 days to adjudicate plus mailing time for Approval Notice; a total of approximately 5 weeks. Employee has to obtain visa and travel to U.S., that takes approximately one month (longer if a background check is initiated). That means: You should send us your request 2 1/2 - 3 months ahead of time.

How difficult is it to get H1B visa 2022?

The H-1B visa 2022-23 process is relatively straightforward when broken down. Under the regular cap, USCIS randomly selects 65,000 registrations by computer. USCIS will choose an additional 20,000 registrations under the advanced degree exemption.

Can I directly get H1B visa?

H1B visas can only be applied through an employer, meaning you cannot apply for a H1B visa from India by yourself. The H1B visa is tied to a particular employer and if you change your employer, it could affect your visa status. In addition, family members in the U.S. cannot sponsor an H1B visa.

Does H-1B visa get rejected?

What Is the Rejection Rate of H-1B? Reports from recent studies show a steady rise in the rate of H1B petition denials. From past studies, the denial rate of the H1B petitions has never been more than 6%, but it increased by double to a 12-percent rate in 2018 and 18% in 2019.

Do H-1B get paid less?

As you can see, H-1B salaries were lower than the “general” counterparts—significantly so, in many cases.

Who is eligible for H-1B?

H-1B Visa Eligibility In order to be eligible for the H1B visa, you will need: A job offer from a U.S. employer for a role that requires specialty knowledge. Proof of a bachelor's degree or equivalent in that field. Your employer must show that there is a lack of qualified U.S. applicants for the role.

Is H1B visa a lottery?

FY 2022 and FY 2023 H-1B Cap Registration: USCIS uses a lottery in any year when companies file more H-1B applications (or registrations) than the annual limit of 85,000 (65,000 plus a 20,000-exemption for advanced degree holders from U.S. universities).

How many times can I apply for H-1B?

Under normal circumstances, a foreign national is initially granted a period of stay of 3 years in H-1B status. When you near the end of that period, you will be able to apply for an H-1B visa extension up to a total of 6 years. An employer, however, can only request a total of 3 years on any given H petition.

How much does IT cost to sponsor H-1B?

The H-1B visa cost can range from $1,720 to $6,470 or more depending on attorney fees, optional fees, and employer criteria. However, only lottery-selected petitions will pay more than the $10 registration fee.

How many H1B registrations received for 2022?

308,613 H-1B registrationsFor FY 2022, we received 308,613 H-1B registrations and initially selected 87,500 registrations projected as needed to reach the FY 2022 numerical allocations.

Is the H1B lottery done for 2022?

There is no set day on which the 2022 H1B lottery results will be released. Results may be released anywhere from April to August. In 2019, USCIS released a note saying that all lottery petitions that had not been picked would receive notification by August 29th.

Will there be H1B lottery for 2022?

The H-1B Registration Process The lottery results will be announced on March 31, 2022 and petitions for selected candidates can be filed from April 1, 2022 onwards. The filing window will remain open for 90 days from the date the lottery results are announced.

When should I apply for H1B 2022?

The registration process for the H-1B visa application for the next fiscal year will begin on March 1 and the successful applicants through a computerised draw of lots would be notified by March 31, a federal agency has announced.

What is an H1B visa?

The H1B is a special visa that allows foreign nationals to perform specialty occupations in the United States. This work can be in - but is not limited to - any of the following fields:

How long do you have to work to get an H1B visa?

Begin work in the United States. H-1B beneficiaries may arrive in the United States up to 10 days before the start date of their petition and stay up to 60 days (with some exceptions) after the termination of their H1B status. Upon arrival, you should present your passport, H1B visa, and Form I-797 approval.

What is H1B in the US?

The H1B allows foreign nationals to perform specialty occupations in the United States. This allows highly qualified individuals to work and live in the US. This benefits both the beneficiaries and the US economy.

What are the benefits of H1B?

One big advantage of H1B visa is the portability benefits. This means that if you are on an H1B and change employers, you can begin working for a different employer upon filing your new petition.

How long before I can apply for a visa can I apply for a visa?

Note that you cannot apply for a visa more than 90 days before the start date of the job . Upon scheduling a consular interview, the foreign national will meet with a US consular officer and show them their I-797 approval.

How to extend a bona fide job offer?

This can be through a written contract or, if there is no written contract, through a summary of an oral agreement. Additionally, there must be evidence to support the need for the beneficiary.

Is H1-B a multistep process?

The H1-B visa is a multistep process . The following is a general guideline followed by a more detailed explanation:

How much does it cost to get an H1B visa?

Besides the $190 for the H1B application at the embassy additional fees you have to pay for the H1B visa are:

How to Extend the H1B Visa?

The H1B extension procedures are similar to the initial application process. You will need to pay the same fees, except for the Fraud Prevention and Protection Fee. Your employer will also have to follow the same procedures for getting certification from DOL and an approved petition from USCIS. In addition, you will submit these documents:

How Long Can I Stay in the US with an H1B Visa?

The H1B visa is initially valid for 3 years but can extend for another 3 years. In total, a person can stay and work in the US for 6 years at most. However, that does not mean that the person must return to their home country. What makes the H1B visa popular is that it is a dual intent visa.

What is H1B Visa Stamping?

In case you are granted an H1B visa, you need to go on and apply for the H1B visa stamping. This a process on its own, and you should check out the H1B visa stamping article for more details.

How to See My H1B Status Updates?

When your employer submits the H1B visa petition, you will receive a 13-digit receipt number which you can use to check on your H1B status on the USCIS website . The receipt number starts with an “ EAC, WAC, LIN, SRC, NBC, MSC or IOE” and is followed by 10 numbers. Your status could state one of the following:

What Kind of Health Insurance Am I Eligible For?

The type of H1B health insurance you are eligible for depends on how long you will be staying in the United States. As an H1b visa holder you can have:

What is an H1B amendment?

The H1B Amendment requires US employers to file an amended petition in case the employee has any material changes. Material changes are defined as anything that impacts the employee’s eligibility for an H1B visa. The USCIS does not give a list of what qualifies as such a change, but examples include:

How to find companies that have sponsored H1B visas?

You can do this by searching “H1B visa sponsors database” or “companies that sponsor H1 B visas.” Then, change the wording slightly to obtain lists of company names that have sponsored H1B visas in the past.

When do you have to tell a company you want to be in the H1B visa sponsorship?

Once you get a job offer, you have to tell the company that you want to be in the H1B visa sponsorship petition in 2021. This lets the company know that they have to act fast to get everything ready for April.

What companies sponsor H1B?

There are many, many companies in the U.S. that off H1B sponsorship. These companies exist in all fields and offer some of the best employment opportunities for H1B visa holders in the U.S. Some of the largest, most lucrative companies offering H1B sponsorship include: 1 Amazon 2 Google 3 Microsoft 4 Salesforce 5 Facebook

Is paying for an H1B visa a crime?

This is a big problem because paying for an H1B visa is considered a crime in the United States. If you decide to pay for an H1B visa, this year’s new regulations and laws can really come back to haunt you. You also never know whether what they’re saying is true or not, so we recommend you be very careful.

What are the mistakes people make when trying to navigate the treacherous waters of immigration law?

One of the main mistakes that people make when they try to navigate the treacherous waters of immigration law is going it alone. Just like any big projects, you always want to have an expert by your side making sure that everything is going as planned and fighting for you should the need arise.

How to increase your chances of selection?

The best way to increase your chances of selection are to become cap-exempt. This can be done either by already having been counted against the cap or by seeking a job with a cap-exempt employer. The rules for this type of employer are outlined in detail further on in this article, but here are the basic requirements. A cap-exempt employer is either:

Where to send I-129 checks?

According to the I-129, checks should be made out to the “Department of Homeland Security” for each filing fee (fraud fee, premium processing, I-129, ACWIA training fee). Employers may submit one check or money order to cover both the base filing fee and ACWIA training fee. However, the fraud and premium processing fees should be separate. As mentioned in the top ten H-1B filing tips, double check the address before mailing.

Can you overlook a section on an immigration petition?

It’s easy to overlook a section or neglect to sign an important section. Be sure to double check all relevant fields for the proper information, including addresses and signatures. Having an error or omission on your petition could result in an automatic rejection. An immigration attorney can help you ensure that all forms and fees are sent to the correct places.

Does premium processing mean I-129?

Just because you pay the premium processing fee does not mean your petition will automatically be selected. This feature only speeds up the decision regarding your I-129 petition. The USCIS announces the date that they will begin deciding petitions filed with premium processing each year.

H-1B Visa 2020 Quota Categories

The H-1B quota is the maximum number of petitions accepted within that category. There are three main categories within the H-1B visa season as the infographic illustrates:

H-1B Visa Application Process Filing Fees Explained

H-1B visa application process fees are typically all paid by the employer who is sponsoring the foreign worker. Below is a breakdown of the standard filing costs:

H-1B Application Process Steps

Before you can submit an H-1B visa petition and carry out the H-1B visa application process you must first find a sponsoring company or employer. If you’re currently in the United States as a student on an F1 visa, you should check with your employer as to whether or not they can sponsor you on an H-1B visa.

H-1B Change of Status or Consular Processing

If the beneficiary is in the United States on another valid nonimmigrant visa, he or she may decide to obtain their H-1B by changing their status or by undergoing consular processing.

H-1B Visa If You Live Outside the U.S

If you are applying for an H-1B visa outside the U.S., the only option you have is consular processing. Once the I-129 form has been approved, you will need to submit a nonimmigrant visa application at a U.S, embassy or consulate in your home country. This process involves certain documentation and a physical interview at the embassy or consulate.

How Our Immigration Attorneys Can Help

The H-1B visa application process can be tedious and must be approached with care. It’s best to avoid any errors or pitfalls that could lead to a denial or delay of your petition. This is why you need the service of an expert H-1B immigration lawyer to help you obtain your H-1B.

What is an H1B visa?

The H1B is a powerful visa that allows foreign nationals to work in the United States in “specialty occupations.” This guide will provide you with more information about the H1B visa process.

What is the qualification for an H1B visa?

To be eligible for an H1B visa, you must have a job offer from a US employer willing to sponsor you, the job offer must be for a “specialty occupation”, and you must meet all qualifications for the job (e.g., education and licensure). A “specialty occupation” is defined as a job requiring a bachelor’s degree or higher (or the foreign equivalent).

How to get H1B visa stamp?

To get an H1B visa stamp, it will require submitting Form DS-160. Please note the visa stamping appointment must be no more than 90 days before you will begin working in the United States. When your interview date arrives, you will go to an interview with a US consular officer. You should bring Form I-797.

How many steps are there in the H1B application process?

There are five main steps in the H1B application process.

When do I need to register with USCIS?

Applicants must register with USCIS between the first three weeks of March (approximately). You can begin setting up your account on February 24th. You will sign up for registration by clicking here. You will have to submit some basic information about the petitioner and the beneficiary. It will cost $10 to complete this registration process. You are encouraged to seek an immigration lawyer to assist you with this process. My team and I would be happy to help you register.

Can an immigration lawyer assist you with H1B visa?

Additionally, my team and I would be happy to answer any questions. It is also recommended that you have an immigration lawyer assist you with this application process. My team and I are experienced with H1B visas and would be happy to help you.

Should I work with an immigration lawyer for an H1B visa?

Please note that this is only a general outlining of the process. Individuals are encouraged to work with an immigration lawyer to ensure their application is successful . My team and I have extensive experience with H1B visas and would be happy to assist you. It is valuable to begin preparation for the H1B visa as early as possible.

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