What is an H-1B visa?
From Wikipedia, the free encyclopedia The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101 (a) (15) (H) that allows U.S. employers to temporarily employ foreign workers in specialty occupations.
What are the most common issues with H1B visas?
The issues around H1B Visas range from replacing American workers for low-paying foreign counterparts to filing false documents to get approvals for workers without any existing positions.
Can H-1B visa holders still work in the US?
If H-1B visa holders aren't allowed to receive extensions while they wait to be approved for green cards, they will no longer be allowed to stay and work in the U.S.. The current discourse is making Indian IT firms 8,000 miles away nervous as well.
What are the top jobs for H-1B visas?
According to the the 2016 FY annual report from the DOL, the top three occupations for which H-1B visas are certified, Computer Systems Analyst, Software Developer and Computer Programmer, account for 52% of all occupations.
How is H-1B issued?
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.
How are H-1B visas allocated?
The H-1B visa is a temporary or nonimmigrant U.S. visa for foreign nationals seeking temporary entry into the United States for employment in specialty occupations. Applicants are selected for adjudication via lottery and are subject to a cap on the number of visas that will be approved.
How many h1 visas are issued?
There are 65,000 H1B visas approved each year and an extra 20,000 for the cap. Typically there are over 200,000 applicants each year and those who apply go into a lottery system.
Is it hard to get a H1B visa?
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.
What is the minimum salary to get H-1B visa?
$60,000For the $60,000 wage to be determined, the nonimmigrant has to receive an annual salary or hourly wages that in total make at least $60,000, whether the worker has a full-time or part-time job. At the same time, the salary has to be paid “cash in hand” and “free and clear”, as well as paid when due.
How much does it cost an employer to sponsor H-1B?
Petitioning for foreign workers in the H-1B and permanent employment-based visa sponsorship processes can be an expensive. Sponsoring a nonimmigrant employee for the H-1B can cost anywhere between $1,250 to $4,500 in filing fees alone, not including fees paid to attorneys to facilitate the process.
What are the disadvantages of H-1B visa?
In this article, we'll outline some of the drawbacks of H-1B visas.It's only temporary. ... There aren't that many, and they're doled out fast.You can't work until your petition is approved. ... Spouses and children can't work without authorization. ... No automatic path to permanent residence. ... You can be replaced by U.S. workers.More items...
How long H-1B visa process takes?
1 month to 6 monthsThe 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.
How many Indians hold H-1B visa in USA?
First of all, at the very top of the list of H1B visa holders in the USA, Indians are present in the highest numbers. With that in mind, in the fiscal year of 2017, the total number of beneficiaries was 276,423. In view of initial employment, a number of 67,815 Indian workers were monitored in the fiscal year of 2017.
Can I apply H-1B on my own?
If I would like to work in the US, can I apply for an H-1B visa by myself? No, this is not possible. To apply for this visa, you must have a job offer from a U.S. company or organization.
Why are so many US companies not willing to sponsor H1B visa?
The short explanation for why companies don't sponsor H1b – or employment – visas is that they don't feel like they need to. Sponsoring an H1B visa requires extra effort on the company's part to collect data, work with lawyers and the government, and manage timing.
How long is H1B visa valid?
Typically, the initial duration of an H-1B visa classification is three years, which may be extended for a maximum of six years. Before an employer can file a petition with USCIS, the employer must take steps to ensure that hiring the foreign worker will not harm U.S. workers.
What is the probability of getting H-1B visa 2022?
Less than 1 out of every 2.4 H-1B cap registrations received by the USCIS during the H-1B cap registration period between March 9 and March 25, 2021, were selected in the H1B lottery 2022.
How many H-1B applications filed 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. We conducted a second selection in July 2021 of an additional 27,717 registrations due to low filing volume from the initial selection.
Is H-1B suspended for 2022?
The United States President signed an executive order banning temporary work visas and green cards for all foreigners, till 2020-end.
When was the H-1B visa reform act passed?
The H-1B Visa Reform Act of 2004 was a part of the Consolidated Appropriations Act, 2005, which President George W. Bush signed on December 6, 2004. For employers with 26 or more employees, the required retraining fee was increased from $1,000 to $1,500, and it was reduced to $750 for all other employers.
What was the first immigration law?
Truman. For the first time, the Immigration and Nationality Act codified United States' immigration, naturalization, and nationality law into permanent statutes, and it introduced a system of selective immigration by giving special preference to foreigners possessing skills that are urgently needed by the country. Several different types of visas were established, including a H-1 visa for "an alien having a residence in a foreign country which he has no intention of abandoning who is of distinguished merit and ability and who is coming temporarily to the United States to perform temporary services of an exceptional nature requiring such merit and ability." The term "distinguished merit and ability" was not new to United States immigration law; it had previously been used as a qualification for musicians and artists who had wanted to enter the United States. The visa was called an H-1 visa because it had been made into law by section 101 (15) (H) (1) of the Immigration and Nationality Act.
When did domestic violence victims get work authorization?
In 2005, the Violence Against Women and Department of Justice Reauthorization Act of 2005 allowed work authorization for victims of domestic violence who are in H-4 status. On February 17, 2017, United States Citizenship and Immigration Services instituted a process for these victims to apply for work authorization.
Do American workers have to train their foreign replacements?
There have been cases where employers used the program to replace their American employees with H-1B employees, and in some of those cases, the American employees were even ordered to train their replacements.
Does H-1B status reduce time spent as a dependent?
The memorandum stated that time spent as either an H-4 dependent or an L-2 dependent does not reduce the maximum allowable period of stay available to individuals in H-1B status.
Does the H visa apply to Guam?
territory of the Commonwealth of the Northern Mariana Islands, and it stipulated that, during a transition period, numerical limitations would not apply to otherwise qualified workers in the H visa category in the U.S. territories of Guam and the Commonwealth of the Northern Mariana Islands. The exemption does not apply to any employment to be performed outside of Guam or the Commonwealth of the Northern Mariana Islands.
Why are companies cheated out of visas?
Companies that may be seeking visas for employees on a more legitimate basis are also cheated out of them because of the lottery system. Large outsourcing firms are able to flood the system with applications every year. For the fiscal year of 2016, the top 10 employers that received visas accounted for 41% of the total granted, according to the Department of Labor. More than 70% of H-1B petitions approved for the fiscal year 2019 were for candidates from India, and the majority of the petitions were for computer-related occupations, according to USCIS data .
What is the purpose of the Immigration Innovation Act?
The Immigration Innovation Act of 2018 introduced in the House in September proposes using fees collected for H-1B visas to promote domestic STEM education and worker training , including financial aid and research initiatives, besides giving H-1B visa holders more flexibility.
How many visas are reserved for Chile?
If the number of applications exceeds the cap, the government conducts a "lottery" to decide who gets to stay. Every year 6,800 visas are reserved for workers from Chile and Singapore in accordance with free trade agreements those countries have signed with the U.S.
Is the USCIS a done deal?
The USCIS, an agency of the DHS that administers the immigration system, also made it so that extension applications aren 't a done deal and officers have to apply the same level of scrutiny to extension applications as they do to new visa applications.
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:
When does the H1B visa open?
The applications open every year in spring. USCIS approves around 65,000 petitions per year starting from October 1 st to September 30 th of the following year. 6,800 petitions are reserved for H1B1 visas for Chile and Singapore nationals, while the rest for H1B visas. The applications of the first 20 thousand applicants with a master’s degree are exempt from this visa cap.
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:
When did the H visa start?
The "H" visa for temporary workers has existed in U.S. immigration law since 1952. In 1986, the H-1B category was created for professional nonimmigrant workers. A 1990 law made H-1B visas easier to obtain by removing the test used for other nonimmigrant visa applicants that required them to show that they have a permanent foreign residence which they have no intention of abandoning—in effect, tacitly establishing the H-1B temporary visas as a recruitment program for future immigrants.
Is the temporary worker program fraudulent?
The temporary worker program has been found to be exploited by fraud ulent applications . The INS conducted a study of 3,247 H-1B applicants who applied at an American consulate in India (Indians account for about half of all H-1B visas issued13) and were unable to verify the authenticity of almost 45 percent of the claims made on the petitions. Twenty-one percent of the work experience claims made to the INS were confirmed to be fraudulent.14
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:
When does USCIS registration open for 2021?
At 12 p.m. EST on March 9. 2021, registration opens, and USCIS account holders can submit their registrations along with the non-refundable $10 registration fee.
Why doesn't iCert recognize my employer?
This occurs because a pre-verification has not been completed before the LCA being submitted.
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.
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.
Who pays H1B visa fees?
H1B skilled workers have a variety of taxes to be paid, which their employers incur and are deducted from their payroll each month. We also know that the business or the sponsoring company is the one that pays the H1B Visa fee of the skilled workers. Basically, the employer pays all the expenses incurred during the H1B visa approval process.
What taxes are paid by H1B workers?
From the taxes mentioned above, the Social Security taxes and the Medicare taxes are the primary taxes that have to be paid by the employers of all H1B workers whereas all the unemployment taxes and the general liability taxes are some of the other expenses incurred by the employers.
What to Do if You Lose the H1B Lottery?
Only a maximum of 85,000 H1B Visa applications was granted by the USCIS this year. The institution received over thrice the cap’s number, and the lucky few were chosen through a lottery. It is evident that most of the requests for visas have been rejected, and many employers failed to get the foreign talent they have been looking forward to. It may land any company in dismay. It has been indicated by statistics and studies that America itself does not produce enough graduates to fill up the specialized H1B high-skilled jobs. In such a scenario, there are very few ways an employer may go. We present a few options that may become useful to a company if they need resources.
What to Do if Your H1B Status is Revoked?
Any time the visa is revoked or your H1B status gets invalid, you may be forced to leave the country and become an illegal immigrant. An H1B worker can hold on to his status by working and receiving pay stubs along with his wages.
How to prepare for an H1B interview?
Before you go to the interview, keep all the documents together that you will need. DO not forget to carry a copy of the H1B petition filed by your American sponsor. You should properly organize the documents so that they can be easily accessed without delay during the interview. Also, keep track of all the fees and charges that are required to be paid by checking the Consulate website.
How long does it take to get a dismissal for H1B?
First, you must not panic. Our article is about helping you out when you get your H1B status. USCIS generally takes a few weeks’ time to process the request for dismissal of an H1B visa. This time can be utilized looking for other options or employment before your visa is revoked. Usually, severance packages are provided as monthly paychecks, and the last date or receiving them determines your termination date. Hence you can get ample time to look for opportunities.
Where do I send my H1B petition?
These petitions are then sent to either one of the USCIS Service Centers, namely St. Albans, Vermont and Laguna Niguel, California.
Who should have missed a check on H1B?
Paralegal handling your case or the HR person filing the H1B Visa petition or Immigration Attorney should have missed a check or perhaps sent incorrect filing fee.
How long does USCIS need to prove work?
Because they have to prove there will be sufficient work at the Client site for 3 years period. If the End Client contract is for say 10 months and LCA is for 3 years.
What is the itinerary requirement for a petition?
The petitioner did not meet the itinerary requirement at 8 CFR 214.2 (h) (2) (i) (B), which requires petitioners to submit an itinerary with a petition that requires services to be performed in more than one location. The itinerary must include the dates and locations of services to be provided.
Did the petitioner establish that the beneficiary properly maintained their current status?
The petitioner did not establish that the beneficiary properly maintained their current status. This category is reflective of many different reasons that status may not have been maintained.
Does a petitioner establish a valid employer-employee relationship with the beneficiary?
The petitioner did not establish that they had a valid employer-employee relationship with the beneficiary, by having the right to control the beneficiary’s work, which may include the ability to hire, fire, or supervise the beneficiary, for the duration of the requested validity period.
Did the petitioner establish that the beneficiary was qualified to perform services in a specialty occupation?
The petitioner did not establish that the beneficiary was qualified to perform services in a specialty occupation per 8 CFR 214.2 (h) (4) (iii) (C).
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 …
General Guidance
- Field Assistance Bulletin 2019-3: Compliance with the H-1B Notice Requirement by Electronic Posting(PDF)
- Employment Law Guide: Workers in Professional and Specialty Occupations (H-1B and H-1B1 Visas)
- Frequently Asked Questions Regarding Prevailing Wage Determinations for Nonagricultural Programs
- Wages under Foreign Labor Certification
Forms
Disqualified and Willful Violator Employers
- DOL maintains a list of individuals or corporations who, as a result of an H-1B investigation/final agency action, have been disqualified from approval of petitions to participate in the nonimmigra...
Nonimmigrant Worker Related Agency Links
Overview
The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H) that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years; after which the visa holder may need to reapply. Laws limit the number …
Notes
1. ^ "Worldwide NIV Workload by Visa Category FY 2019" (PDF). United States Department of State. Retrieved 22 June 2020.
2. ^ "8 U.S. Code § 1184 - Admission of non immigrants". LII / Legal Information Institute.
3. ^ "8 U.S. Code § 1184 - Admission of non-immigrants". LII / Legal Information Institute.
Structure of the program
An H-1B visa allows an individual to enter the United States to temporarily work at an employer in a specialty occupation. The regulations define a specialty occupation as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to biotechnology, chemistry, computing, architecture, engineering, statistics, physical sciences, journalism, medicine and health: doctor, dentists, nurses, physiothe…
Application process
The process of getting a H-1B visa has three stages:
• The employer files with the United States Department of Labor a Labor Condition Application (LCA) for the employee, making relevant attestations, including attestations about wages (showing that the wage is at least equal to the prevailing wage and wages paid to others in the company in similar positions) and working conditions.
History
On June 27, 1952, Congress passed the Immigration and Nationality Act after overriding a veto by President Harry S. Truman. For the first time, the Immigration and Nationality Act codified United States' immigration, naturalization, and nationality law into permanent statutes, and it introduced a system of selective immigration by giving special preference to foreigners possessing skills that are urgently needed by the country. Several different types of visas were established, including …
Protections for U.S. workers
The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers. For every H-1B petition filed with the USCIS, there must be included a Labor Condition Application (LCA) (not to be confused with the labor certification), certified by the U.S. Department of Labor. The LCA is designed to ensure that the wage offered to the non-immigrant worker meets or exceeds the "pr…
Impact
Studies have shown that H-1B visas have welfare-improving effects for Americans, leading to significant wage gains, lower consumer prices, greater innovation, and greater total factor productivity growth. While H-1B visas lead to lower wages and employment for competing U.S. workers, H-1B visas have led to lower prices for consumers, greater output, and improved performance by companies. H-1B visa holders have been associated with greater innovation an…
Criticisms of the program
The H-1B program has been criticized on many grounds. It was the subject of a hearing, "Immigration Reforms Needed to Protect Skilled American Workers," by the United States Senate Committee on the Judiciary on March 17, 2015. According to Senator Chuck Grassley of Iowa, chairman of the committee:
The program was intended to serve employers who could not find the skilled workers they need…