H-1B Visa - 13 Commonly Asked Questions

This data covers a few regularly posed inquiries about the H-1B immigration status. People keen on getting H-1B status might wish to seek guidance from a migration lawyer for point by point data on how the U.S. movement regulations apply to their specific circumstances. 

The USCIS H-1B additionally has general H-1B information. The H-1B Employer Data Hub incorporates information with respect to H1-Bs beginning from the financial year 2009 to the current year.

1. What is an H-1B Visa?

The H-1B is an employer-sponsored non-immigrant visa that permits people, who are not residents or permanent citizens of the U.S., to work in a specialty occupation for as long as six years with limited exemptions. 

“Employer-sponsored" implies that the employer should apply for the H-1B in the interest of the prospective H-1B worker through the United States Citizenship and Immigration Services (USCIS). 

"Specialty occupation" signifies a position that requires specific skills & knowledge, and essentially a college degree in the specialization. 

The H-1B likewise expects that the H-1B employer pays the H-1B employee the actual payor prevailing pay, whichever is higher.

You might want to read this: Your basic guide to H-1B Visa.

2. What sorts of occupations qualify for H-1B status?

A wide range of expert occupations fit the bill for H-1B status. For the most part, proficient level occupations in engineering, social sciences, business administration, biological, and physical qualifications qualify for an H-1B Visa. 

A bachelor’s degree is usually the minimum requirement for an H-1B visa. However, depending upon the position, a postgraduate degree (Master's or PhD) might be necessary.

3. Who is qualified to acquire H-1B status?

H-1B status is accessible to a person who has been offered a temporary professional position by an employer in the U.S. 

4. Am I qualified for H-1B status since I have a bachelor’s degree?

Not necessarily. The job might require a bachelor’s degree or higher in a specialized field. You should then have that degree to qualify for H-1B status.

5. Is it challenging to get H-1B status in particular sorts of occupations?

It might be particularly challenging to get an H-1B status for specific sorts of occupations. Positions in sales can be difficult to grab in the event that they might call for special training. A few positions in the computer industry, particularly programming, can be challenging since the basic requirements for these positions are not grounded (not specified) 100% of the time. 

Under such circumstances, an expert can better inform you regarding the applicability of an H-1B for a specific job.

While some of the programming jobs could be challenging, the following skill sets are seeing higher traction / demand in the US market resulting in higher issuance of H1B visa.

https://www.newforceltd.com/in/job/python/95790

https://www.newforceltd.com/in/job/net/95674

https://www.newforceltd.com/in/job/java-j2jee/95668

https://www.newforceltd.com/in/job/etl-extract-transform-load/95169

Click on the given links to explore programming jobs. 

6. Is there minimum compensation for a job in H-1B status?

Indeed! The employer hiring an employee via H-1B must have detailed documentation to demonstrate and afterwards should confirm to the U.S. Division of Labor (DOL) that it will pay the H-1B worker the actual or prevailing compensation, whichever is higher. 

7. What should the employer do to hire an H-1B employee?

Upon receiving the certified Labor Condition Application (LCA) from DOL, the employer should submit a petition along with supporting documentation to the USCIS. There is a USCIS filing fee for all H-1B petitions as well as extra charges for specific H-1B petitions.

You may see the expense data here.

8. How long does it take to get an H-1B Visa?

The time required to obtain an H-1B visa varies depending on the employer, DOL and the USCIS. The complete handling time may take up to six to seven months or even longer. 

9. What is the H-1B "cap"?

The cap alludes to the limits of H-1B visas permitted/issued per federal fiscal year (FY). A fiscal year starts on October 1st and ends on September 30th of the following year. Current guidelines set the cap at 65,000 H-1B visas. To check the most recent cap count, kindly visit this link. 

10. Who is exempted from the H-1B cap?

Universities and related non-profit entities, non-profit research organizations and government research associations are absolved from the cap. These employers can present an H-1B application to the USCIS whenever during the year, without worrying about the fiscal year limit. 

There is likewise an exemption from the annual cap for the initial 20,000 new H-1B beneficiaries who have earned a Master's certificate or higher from a U.S. institution of advanced education.

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 6 months prior to the selected H-1B start date. For employers subject to the cap, it is ideal to submit the H-1B application in April. Since the new batch of 65,000 H-1B visas will become accessible to them at the start of the following fiscal year. 

12. What is an H-1B visa transfer & when can I apply for it? 

H1B visa transfer allows an employee to transfer from one employer to another if the proper procedures are followed, and the transfer petition is filed with the USCIS. It is important to note that you must not resign from your current position until the petition for transfer is approved.

You can apply for an H-1B visa transfer if your current job’s contract is coming to an end and you still wish to continue working in the USA. 

At newforce, we can help you find a new job in the US and apply for an H-1B visa transfer too. 

13. What is a Green card and tell how long does it take to file the same? 

A Green Card entitles its holder to permanently live and work in the USA. As an official ID document, the popular immigrant visa also gives the Green Card owner almost all the rights of a US citizen.

It takes almost 7 to 33 months to process a Green Card application. The processing time of a Green Card depends on the type of Green Card you are applying for, the location of the processing office and other factors.

Candidates who are employed by Newforce, enjoy an added advantage of getting their Green Card filed quickly, along with the H-1B transfer. They don’t need to wait for the employer to process after 5 years. 

We hope you might have got answers to some of the most commonly asked H-1B Visa questions that you were looking for. 

To land in the USA and work with an esteemed employer, or, if you didn’t find an answer to your question in this article, write to us at experts@newforceltd.com and we will be happy to help.

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