What Is The H-1B Visa ?

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The H-1B visa is a non-immigrant visa which permits U.S. companies and employers to enlist professionals from specialty occupations overseas. With the H-1B visa, a foreign professional could work with the designated employer in the United States for a total of six years.

Requirements

As usual, we predict that the H-1B requirements will remain the same as previous years. However, as you will see later on, these requirements could very well change in the upcoming years. For H1B Visa Process Visit UT Evaluators

As of now, the requirements are as follows. You must:

A. Have a job offer from a U.S. employer for a specialty position requiring a bachelor’s degree

B. Possess at least the required bachelor’s degree

C. Not be the sole proprietor of the sponsoring company

Your employer must also be able to pay you the prevailing wage and show that hiring you is a business necessity. Additionally, even though the rules have been relaxed a bit surrounding self-employment, you still cannot self-petition. To be able to use your own business as your H-1B employer in 2019, you will still need to set up a CEO or board of directors with the power to control your salary, duties, and employment status.

Your employer will also need to obtain a Labor Certification Application for you. This means that your employer must make four attestations to the Department of Labor:

A. Your employment must not have a detrimental impact on the workers currently employed.

B. The current employees must be notified of your employer’s intent to hire you.

C. You must be paid the prevailing wage as a minimum. This is a wage that is calculated based on your position and geographic location.

D. The job location must not be experiencing a lock-out or strike.

These measures are put in place to protect the current workers and to prevent employers from using foreign labor as an alternative or replacement for domestic workers. Therefore, getting an LCA should be your employer’s first step along the H-1B journey for 2019. H1B Visa Process Check here

Lottery

Compared to other nonimmigrant visas, the H-1B may seem easier due to the relatively low eligibility criteria. However, you need to take one thing into account: chance. The main thing that separates the H-1B from other visas is the annual lottery that takes place. Because of the fact that many more people petition for the H-1B than there are slots available, the USCIS randomly selects 85,000 petitions to be sent to processing. Any that are not selected will have their petitions and fees returned to them.

What’s more, the H-1B visa allows foreign workers to be accompanied by their spouse and children (under 21) via the H4 Visa. While the demand for H-1B visas was lower last year compared to previous cap seasons, the visa lottery was still necessary as 199,000 visa petitions were received from April 1st to April 7th. If that’s any indication of the demand, then we can expect a lottery again this year.

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