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.
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.
When is the H1B filing deadline?
The registration lottery will be held and notifications sent to employers no later than March 31. Employers will have 90 days beginning April 1 to file full H-1B visa petitions with supporting documents and filing fees.
What does it mean to be H-1B cap-exempt?
What Does It Mean to Be H-1B Cap-Exempt? To be cap-exempt for H-1B visa petition purposes means that an H-1B petition won't be subject to the H-1B cap and that the beneficiary can start working as soon as it is filed or approved.
When should I start applying for H-1B?
11. When is the best time to submit the H-1B application to the USCIS? The earliest an H-1B application can be submitted to the USCIS is six months prior to the selected H-1B start date.
What is the last date for H-1B Form 2022?
All H-1B registrations must be submitted after 12 p.m. EST on March 1, 2022, and before 12 p.m. EST on March 18, 2022. If you submit your petition outside this window, USCIS will issue a denial. Employers can submit only one registration per sponsor for each beneficiary.
When can I apply for H-1B visa 2023?
March 1, 2022 marks the first day that USCIS accepts H1B registrations for the fiscal year 2023 that begins on October 1, 2022 and it will be here sooner than you realize.
Is h1 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.
Can I apply h1b visa now?
US Citizenship and Immigration Services (USCIS) said that those who had their applications for visa rejected or administratively closed because of the requested start date being after 1 October 2020 can re-submit their application for H-1B Visa. Canidates can submit their applications before 1 October 2021.
How many H-1B applications received for 2022?
For FY 2022, USCIS reports that it has selected 131,970 registrations out of a total of 308,613 registrations. The odds are slightly more favorable for the 20,000 U.S. Master's or higher degree holders. Data is still forthcoming on how many petitions were ultimately filed and approved.
Is H-1B lottery done for 2023?
On March 29th, 2022, U.S. Citizenship and Immigration Services (USCIS) released an official statement announcing the first-round results from the F.Y. 2023 H-1B lottery had been sent to all selected applicants, and employers were required to verify their H-1B registration accounts.
What is H-1B timeline?
The regular H1B visa processing time is from 1 month to 6 months. This also depends on the service center. The California and Nebraska Service Centers process H1B visas for an average of 2.5 to 4.5 months.
What are the chances of H-1B lottery?
During the H-1B Cap 2020 filing period USCIS received 201,011 H1B petitions (including registrants subject to the advanced degree exemption). 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.
Is getting H1B visa hard?
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.
How can I increase my chances of H1B visa?
4 Tips to Increase Your Chances at an H1B VisaGet your application in as quickly as possible. The USCIS accepts applications in April and, believe us, they come in thick and fast. ... Only apply once. ... Don't pay your own fee. ... Make sure your employer is a “good” one.
Can H-1B be rejected after lottery?
Chances of H1B Rejection After Lottery Selection? The chances of H1B approval or denial after lottery selection vary by your employer and the documents submitted. Almost 30% of H-1B applications filed by IT consulting companies like Cognizant, Capgemini are denied by USCIS as per past data.
How Does Premium Processing Work?
Premium processing service allows an employment-based petition/application to be expedited, generally within 15 days. The service fee is $2,500.
What to Do After Filing H-1B Petition?
If your registration is selected in the lottery, then your employer will need to file a petition, which will move on to the adjudication stage, meaning that it will be processed. An evaluating immigration officer will decide if your H-1B case is approved or denied/rejected. If it is approved, then you will have one of two options:
Why doesn't iCert recognize my employer?
This occurs because a pre-verification has not been completed before the LCA being submitted.
What is a labor condition application?
A Labor Condition Application is what your employer must certify and send when filing your petition. A copy of this document is also accepted. Always be mindful of the LCA processing times and plan your documentation accordingly.
How long can I stay in the US on an I-140?
This visa is granted for up to three years with the option to extend it to a maximum of six years. There are select cases in which you may be granted a stay longer than six years. This is usually in conjunction with a pending I-140 petition so that you can maintain your status.
When will the USCIS open for 2021?
The registration window will open on March 9, 2021, and end on March 25, 2021. Petitions will still be used, but only once a beneficiary has been selected in the lottery to make things more efficient.
How much does an employer have to pay to enter the lottery?
Employers only need to file the registration fee of $10 to enter the lottery. However, if an alien’s registration is chosen, his or her employer will be responsible for the following fees:
How to determine prevailing wage?
The prevailing and actual wages should be confirmed by the State Employment Security Agency. If the prevailing wage exceeds the offer made by the prospective employer then a wage determination will be sought. It’s important to ensure that the foreign worker will not be working below the minimum. The prevailing wage in a specific location. The Foreign Labor Certification Data Center maintains the prevailing wage determinations by location. The prevailing appropriate wage for H-1B visa applications can be determined using any of these three sources: 1 A Prevailing Wage Determination obtained from the National Prevailing Wage and Center (NPWC). 2 A survey conducted by an independent authoritative source. 3 Another legitimate source of wage information.
What is the I-129 form?
Once the LCA process has been completed, the employer can proceed to submit the H-1B petition by filing the I-129. Form I-129 is officially known as the Petition for Nonimmigrant Worker. The employer must be sure to include the employment letter with the position’s exact duties, dates of employment, detailed description, salary offered, position requirements, contact information, etc.
What is the purpose of prevailing wage?
The purpose of the prevailing wage is to ensure that the foreign worker is not underpaid compared to other workers offering the same or similar service in the same area of employment.
What is the masters quota?
To be eligible for the master’s quota (advanced-degree exemption ) there are a number of requirements you must first meet. You must have received your master’s degree from an accredited U.S. based institution. The institution also has to be public or non-profit in nature as well as accredited by a national accrediting agency. It’s best to not assume that your U.S. institution is automatically accredited because that’s not always the case.
What documents are included in a foreign employee's supporting documents?
The foreign employee’s academic qualifications, training certificates, membership documents, resume, and letter of support must also be included as part of supporting documents.
Can I change my status on my I-129?
Change of Status: Once the I-129 is approved, the USCIS will update your I-94 record to indicate your new visa class to H-1B status. With this, you can take up your new job position as an H-1B visa holder. This is only available to those that are already under a valid nonimmigrant status such as O-1, J-1, or L-1 status.
What are the Types of H1B Processing?
Because the U.S authorities are aware of the demand for the H1B visa, they have developed a long process of applying for an H1 B visa. There is also a specific way through which these visas get processed.
How Are the H1B Visas Processed?
The way that H1B visas get processed is quite random. The selection is called the H1B visa lottery. That shows that there is no order or preference in who gets selected. USCIS starts with the 20,000 petitions for those with graduate degrees from U.S institutions.
What happens after USCIS processes H1B visa?
After USCIS processes the H1B visa, they might ask for more evidence. The petitioner must provide this evidence and then USCIS will make a decision.
How long does it take for USCIS to process a petition?
Premium processing guarantees that the petition will be processed within 15 days of submission. If it does get processed within that time, USCIS refunds the fee. So instead of waiting for processing for months, they only wait for 2 weeks.
How long does it take to get an H1B visa?
The regular H1B visa processing time is from 1 month to 6 months. This also depends on the service center.
How long can an employer keep an employee on H1B?
After 3 years with the H1B visa, the employer might want to still keep the foreign employee in their company. The H1B visa rules allow an extension of another 3 years.
Why is the petition from a non profit organization?
There are humanitarian reasons; The petition is from a U.S Nonprofit Organization for the cultural and social interests of the U.S; The petition is from a U.S government entity due to national interest from the U.S Department of Defense; There was a USCIS error; The petition is of compelling interest of USCIS.
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 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 can a beneficiary stay in the US?
If there is a change in worksite, a new labor condition application must also be submitted. If the job ends unexpectedly, the beneficiary may stay for up to 60 days or until the visa expires, whichever is shorter. During this time, the beneficiary may attempt to find a new employer to remain in the US but may not work. It is important to note if there are any changes to a beneficiary’s job position or to the US company. Here, an immigration lawyer can help you determine what steps are required to be in compliance with the H1B visa program.
What is employer control in USCIS?
Control is the ability of the petitioner to determine when, where, and how the beneficiary completes his/her duties. USCIS will deny a petition if the beneficiary will not be an employee or report to the petitioner.
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 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.
Why is Martha not counted as H1B?
Not necessarily – Martha was most likely not counted under the H1B cap because she is working for a university and in a position that would normally be cap-exempt. She will have to file H1B Cap petition timely to increase her chances of getting picked in the lottery and to be sure she gets October 1, 2021 start date.
When is the H1B cap due?
The H1B Regular and Master’s Cap was during the initial registration period between March 1, and March 20, 2020. 2. FY 2020. The H1B Regular and Master’s Cap was filled within the first week of the filing period. USCIS conducted a lottery on April 10, 2019.
When will H1B be accepted in 2021?
March 9, 2021 marks the first day that USCIS accepts H1B registrations for the fiscal year 2022 that begins on October 1, 2021 and it will be here sooner than you realize. Under the USCIS’ H1B Registration Rule, employers seeking to file an H-1B cap petition are required to submit an H-1B electronic registration for each worker during ...
How much does it cost to register for H1B?
Submit the H1B registration, along with a $10 registration fee, for each applicant.
When will the USCIS mail the 2021 petition?
Mail the petition to USCIS for delivery before June 30, 2021.
Can Kumar get H1B?
The employer needs to get H1B petition filed timely so it can increase the chances of Kumar getting the H1B, and Kumar can take advantage of the Cap Gap rules which would allow him to continue working through the October 1st start date under H1B, despite the OPT expiring.
When to plan for filing H1B Visa ?
If you start planning from early December or January 1st, it should be good. But, always having a job offer is good to have. You can check out Sample H1B Plan with Activities by Month
When can you file H1B visa ? Anytime During Year ?
In general, you can only file for H1B visa 6 months before the start date of your actual work. As USCIS fiscal year is from October 1 to September 30th of next year, 6 months before the Oct 1st is April 1st. In the past, when there was no H1B registration process, April 1st was the date when you could file an H1B Application for the next fiscal year.
What is H1B Visa ?
H1B Visa is a temporary work visa that allows internationals with specialized skills to work and live in America. There are many other non-immigrant work visa types, but this is one of the most popular ones used by many international companies, students studying in the US, including international professionals outside of the US.
Who can sponsor H1B Visa ? Employer ? Company ?
You cannot sponsor an H1B visa by yourself. Also, your family living in the US cannot sponsor your H1B visa.
What is H1B Visa filing fee ? Who Pays ?
Depending on the size of the company, the H1B filing fee can vary anywhere from $1,710 USD to $7,910 USD + the Attorney fee ( if any). You can read full details on H1B Filing Fee Details – Who pays for What?
What is H1B Visa lottery ?
If there are more H1B applications or registrations received by USCIS than the total quota cap of 85,000, they use a process of random selection to select the registrations or applications to meet the numerical cap of 85K quota. This random selection process is popularly called as H1B Lottery. Read complete details on H1B Visa Lottery Process -How does it work . To understand more on the history and trend of the cap reach dates, including lottery, read H1B Cap Reach Dates from FY 2000 to 2022
How to check status of H1B visa ? Case Number ?
You can even setup alerts. You can check at USCIS.gov Case Status
What is a registered account?
Registrant account – This is the account that a prospective petitioner must create in order participate in the H-1B registration process, regardless of whether the prospective petitioner will be using an attorney or accredited representative to submit the registration.
How many registrations can a prospective petitioner have?
A prospective petitioner may only have one registration submitted per beneficiary per fiscal year. Once the initial registration period has closed, if the prospective petitioner has more than one registration submitted for the same beneficiary, we will remove all registrations submitted for that beneficiary by that prospective petitioner from the selection process. This does not prevent other prospective petitioners or their representatives from submitting registrations for that same beneficiary, but they too need to ensure that each prospective petitioner only has one registration submitted for the beneficiary.
Why is my petition not being rejected?
A: Petitions will not be rejected solely because the petitioner’s address on the registration and the petition are not the same. However, in such situations, petitioners should include a statement with their petition, with supporting documentation, explaining why the address on the registration differs from the address on the petition. If USCIS is not able to determine that the petitioning entity is the same as the prospective petitioner identified on the selected registration, the petition may be rejected or denied.
What is an online USCIS account?
There are three types of USCIS online accounts: Applicant/petitioner/requestor account – Individuals use this type of account to prepare and file applications, petitions or other benefit requests. You cannot use this account type to prepare or submit H-1B registrations.
How does electronic registration help employers?
The electronic registration process has streamlined processing by reducing paperwork and data exchange, and has provided overall cost savings to employers seeking to file H-1B cap-subject petitions.
Can a representative and a registrant register the same beneficiary?
A: The system will not prevent a representative and a registrant from both registering the same beneficiary. The representative and the registrant are responsible for ensuring that duplicate registrations are not submitted.
Can you appeal a duplicate registration?
A: Registrations that are determined to be duplicates will be invalid. A registrant who submits duplicate registrations will not be able to appeal the invalidation.
Overview
The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.
Key News
On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications.