Monthly Archives: August 2019

Getting An H-1B Visa FAQs

 UT Evaluators

The most frequently asked questions about the 2019-2020 H-1B visa process answered!

Can a foreign national file more than one petition to get H-1B visa this year?

If you have more than one H-1B sponsor or intend to perform work for multiple employers, they each need to file a petition. Conversely, USCIS will deny or revoke multiple petitions filed on behalf of a foreign worker by the same employer and is not responsible for refunding those duplicate filing fees.

Can I work anywhere in the country with an approved H-1B visa?

Yes, though there are some stipulations. The USCIS takes into consideration a number of factors including your geographic location when issuing an H-1B approval. They’ll check that your employer complies with the prevailing wage in the location noted on the petition so technically the approval is specific to that location (not the entire country). Throughout the course of your work, if the location changes, you’ll need to submit an amendment with the new location indicated. For H1B Visa Process Visit UT Evaluators.

How do I locate a sponsor to get H-1B visa the coming fiscal year?

There are a number of ways to get sponsored by a company for an H-1B visa. Some of these options include searching through sponsoring company databases, starting with an internship and progressing to visa sponsorship and channels through American-based universities. Here’s an extra H-1B filing tip: A list of H-1B sponsors is published quarterly on behalf of the Labor Department.

Another option at your disposal is to search through employment sites. There, you can conduct a more specific search with your personal information. An unofficial list of H-1B sponsors from recent years can be found here. [Disclaimer: We take no responsibility for inaccuracies of unofficial data sources.]

How many filing checks do I need to submit to get an H-1B visa this season?

According to the I-129, checks should be made out to the “Department of Homeland Security” for each filing fee (fraud fee, premium processing, I-129, ACWIA training fee). Employers may submit one check or money order to cover both the base filing fee and ACWIA training fee. However, the fraud and premium processing fees should be separate. As mentioned in the top ten H-1B filing tips, double check the address before mailing.

If your employer qualifies for the Public Law 114-113 fee, then that check must be made out separately to the Department of Homeland Security.

What fees are my employer specifically responsible for in the H-1B visa process?

By law, the employer is supposed to pay the training fee (if applicable) and the fraud fee. If the employer tells you that you are responsible for all USCIS fees, be aware that this is prohibited and you should not enter into a reimbursement agreement with them.

In what way would a maternity leave or sick leave impact my status?

Sick leave, vacation time, or maternity leave do not typically impact your H-1B status.

Am I able to get six additional years on H-1B status if I was previously on H-1B then switched to F-1?

You do not get an additional six-year “reset” unless you first leave the country for a minimum of a year. Otherwise, the time that you were previously accruing on H-1B will be applied to your current six-year limit.

Why do some H-1B petitions take longer than others?

If two H-1B petitions are filed at the same time during the H-1B visa process, there’s no guarantee that they will be approved within the same time frame. This is because each USCIS service center has a different workload so it’s hard to predict when the paperwork will be addressed. To know more information on  H1B Visa check Stsoft

Can I change my status to H-4 if my spouse and I are both H-1B visa holders?

You are permitted to do this and the process begins by filing a change of status application with USCIS to H-4. You need to demonstrate that both you and your spouse are keeping current legal status in the country. Until the application gets approved, it’s usually best for the spouse seeking H-4 to continue working (until an approval is solidified). There are other options to conduct a change of status but it’s best to discuss these with an immigration attorney.

Where should the petition be filed?

Consult the direct filing addresses located on the I-129 form.

What H-1B Requirements Must I Meet?

H1B Visa

There aren’t many visas that can match the popularity of the H-1B. With it’s portability, dual intent status, and relatively low requirements, it is easy to see why tens of thousands of immigrants apply for this visa every year. Whether you are the beneficiary of the visa or an employer, it is important to know what the H-1B requirements are before getting started on the filing process to avoid any unwanted mistakes or delays.

Here is a quick rundown of the H-1B requirements:

A. You must have a minimum educational level of a bachelor’s degree

B. You must have a valid job offer from a U.S. employer

C. That job must be for a specialty position that requires the use of your degree

While these may seem simple enough, let’s break them down so that the ambiguity is dispelled. Remember, the USCIS rarely gives refunds and the regulations are usually very strict, especially with a visa that is in such high demand. For H1B Visa Process Visit UT Evaluators.

Educational Requirement

Firstly, you must have at least a bachelor’s degree that is relevant to your position. If you have 12 or more years of experience in a related field, you may be able to meet this H-1B requirement without a bachelor’s degree. However, it is far from guaranteed. Speak with your immigration attorney to determine if your experience can substitute for a degree.

Job Offer

Even though this H-1B requirement seems self-explanatory, issues arise when the relationship between employee and employer is called into question. This can create problems, especially when the beneficiary is self-employed. While it is possible to start a business on an H-1B visa, there are special steps that must be taken to meet this requirement.

Other than that, you need to make sure that your employer has the ability to control your job duties, your wages, and your employment status. As a contractor or agent, you need to make it clear in the petition how your employer-employee relationship meets this H-B requirement.

Specialty Occupation

For the position to qualify as a “Specialty Occupation,” the position is obligated to fulfill at least one of the listed requirements:

A. The position must require a minimum of a bachelor’s degree or its foreign equivalent to enter.

B. The position is so complex or specialized that it only can accept professionals who have a bachelor’s degree or higher. An educational degree is a typical requirement for the position within the industry.

C. The employer generally obligates candidates to have an educational degree or its foreign equivalent to operate in the position.

Be aware that there is a cap on the number of H-1B visas allotted. Learn more about the H-1B Visa Cap. For more info on H1B Visa  check Stsoft

For the applicant to qualify for a “specialty occupation”, the applicant must satisfy one of the listed categories:

1. Hold a U.S. bachelors or higher degree from an accredited university that can fulfill the requirements of the specialty occupation.

2. Obtain a foreign equivalent to a U.S. bachelor’s degree or higher that can satisfy the requirements of the specialty occupation.

3. Hold an unrestricted state license, registration, or certification that allows the applicant to have no limitations when engaging in the specialty occupation.

4. The applicant must have received training, education, or work experience that is required for the completion of the degree. The applicant is mandated to have been acknowledged in the area of expertise. The applicant is obligated to have participated in positions essential to the specialty occupation.

5. The applicant’s potential employer is required to have an authorized ETA-9035 form along with an approved Labor Certification Application, I-129 form, and a Petition for a Non-immigrant Worker.