The most highly anticipated visa of the year begins its application season in Q1 2019. The coveted H-1B visa allows companies in the United States to temporarily employ foreign workers in jobs that are “specialty occupation” positions, which involve the theoretical and practical application of a body of highly specialized knowledge. H-1B visa holders often possess STEM degrees, such as jobs in fields such as science, engineering, logistics, and information technology. To apply for an H-1B visa, the applicant must have a bona fide job offer from a U.S. employer, a Bachelor’s Degree or higher in their specific specialty or its equivalent, and meet the other requirements of the visa.
The H-1B visa is valid for three years, with an optional three-year extension, and provides the employee with the opportunity to apply for a Green Card if sponsored by the employer. Accordingly, because the H-1B visa can last for 6 years (and even longer under some circumstances), the H-1B visa is one of the most popular ways for foreign professionals obtain a work visa, and ultimately, a Green Card in the United States.
As H-1B applications require a third-party academic credential evaluation of foreign degrees and the processing of a Labor Condition Application with the Department of Labor before an applicant is eligible to file an H-1B application with the U.S. Citizenship and Immigration Services (USCIS), H-1B applications can take 2-4 months to prepare. Therefore, a prudent applicant will begin his or her application preparation in December or January because it can take several months to get documentation prepared and signed by the employer, obtain important documents from third parties, and have the application prepared by an attorney. Continue reading
Posted in Employment Law Advising, Immigration
- Tagged changes to H-1B lottery, H-1B, H-1B FY2020, H-1B Green Card, H-1B lawyer, H-1B lottery, H-1B master's cap, h-1B RFE, H-1B visa, how to respond to RFE, immigration attorney Beverly Hills, immigration attorney Los Angeles, Labor Condition Application, LCA, los angeles immigration lawyer, proposed changes to H-1B lottery, Request for Evidence, RFE
The H-1B visa is one of the most popular ways for foreign professionals in specialty occupations to obtain a work visa, and even a Green Card in the United States. A successful H-1B application requires sponsorship by the professional’s employer, and can be granted for three years, with one additional three-year renewal. The H-1B allows U.S. employers to temporarily employ foreign workers in specialty occupations, and requires a Bachelor’s Degree or its equivalent.
Although USCIS will not begin accepting H-1B applications until April 1, 2017, it is critical
to start preparing your application now, as the competition for this coveted visa is fierce. The H-1B visa has an annual numerical limit, or cap, of 65,000 visas each fiscal year. However, the first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. In 2016, USCIS received 236,000 H-1B visa applications within the first five days of the application period. Once USCIS receives enough applications to satisfy the 65,000 quota, it implements a lottery. The applications that are not selected in the lottery are returned to the sender, along with their filing fees. In 2016, there was a 25% chance of an application making it through the lottery with a Bachelor’s Degree, and a one third chance with a Master’s Degree. Continue reading
Posted in Immigration
- Tagged employer visa, Green Card, H-1B Green Card, H-1B lottery, H-1B visa, immigrant visa, Immigration, immigration application, Immigration law, immigration policy, USCIS, Visa, visa lottery