Thanks to Amelia Hunter from Galstyan Law Group for taking time to share details on H1B Visa.
Background : There are many visa classifications which are used by foreign nationals to enter the United States that don’t carry specific requirements or obligations with them, and are used simply to come and live in the US. Of course some individuals do adhere to certain visa requirements in order to live here, but the way in which they qualified for a visa is not their primary concern, nor does it dictate their way of life or career. The H1B visa, on the other hand, is a visa classification which cannot be done without considerable skill, talent, and commitment behind it.
What is H1B Visa ?
The H1B visa classification is one of many specialty occupations visas to work in America, though its requirements and structure is not indicative of specialty occupations visas as a whole. It is, however, the most popular and widely sought-after specialty occupations visa due to its accessibility and convenience. Foreign nationals seeking a specialty occupations visa would be right to give ample consideration to the H1B before an alternative, as it is arguably the most efficient and beneficial visa which potentially fits one’s needs to work in USA.
What makes H1B Visa Unique ?
One of the ways in which the H1B is unique compared to other visas is that with most classifications the applicant is the party who primarily has to meet criteria in order to be eligible for the visa. In the cases where other visas do require a petitioner to fit qualifications, they are usually minimal compared with those that the beneficiary must meet. Concerning the H1B, however, not only must the petitioning employer meet certain criteria, but the nature of the position itself is under scrutiny to determine whether the job should be considered a specialty occupation worthy of granting an H1B to a foreign national so that he or she may work in it as an H1B worker.
What is Labor Condition Application (LCA)? How is it related to H1B Visa ?
One of the pivotal portions of the H1B application is that a Labor Condition Application is required of the employer in order to help legitimize both the employer and the specialty occupation itself. An LCA asserts and demonstrates that the prospective employer, who acts as the petitioner when applying for an H1B, currently is in compliance with and will be in compliance with all relevant wage and labor laws applicable to the specialty occupation to be held by the beneficiary. The LCA is arguably the hinge on which the application turns, and could easily dictate the status of the application’s success. For more info, you can also read article : All about H1B Visa LCA, DOL Requirements
Requirements to Apply for H1B Visa to work in USA ?
In order to qualify to even accept a job offer to be employed in a specialty occupation, a foreign national beneficiary must meet at least one of the following four criteria:
- The beneficiary has completed a US Bachelor’s degree or a higher degree required by the specific specialty occupation from an accredited college or university
- The beneficiary holds a foreign degree which is equivalent in terms of knowledge and focus to a US bachelor’s degree or a higher degree required by the specific specialty occupation from an accredited college or university
- The beneficiary holds an unrestricted state license, registration, or certification which permits him or her to engage in the full range of activity associated with the specialty occupation and to do so in the state of intended employment
- The beneficiary is educated, trained, or has had progressively responsible experience in the specialty equivalent to the completion of such a degree, and is recognized as having expertise in the specialty through positions of increasing responsibility directly related to the specialty
H1B Visa Job requirements
In order for the H1B to be issued, the job in question must be qualified as a specialty occupation by meeting at least one of the following criteria:
- The job requires a Bachelor’s degree or a higher degree or the equivalent of such a degree as the minimum entry requirement for the position
- The industry in which the job is found commonly adheres to the degree requirement, or the specific job in question is so complex or particular in its specificities that it can only be performed by an individual with a degree
- The employer petitioning for the beneficiary normally requires a degree or its equivalent, that being substantial experience and progressively responsible positions related to the specialty, for the position in question
- The specific duties involved with the job is so unique and manifold in nature that the knowledge required to perform the duties is generally associated by informed parties with the attainment of a bachelor’s degree or a higher degree
What is H1B Visa Quota?
The H1B visa is not without its flaws. The classification is capped at 65,000 visas per fiscal year, meaning that only that many visa numbers are allotted for the H1B classification. However, the first 20,000 applications received each fiscal year whose beneficiaries have received a Master’s degree or higher from an accredited US university are exempt from the visa cap.
How long can you work on H1B Visa in USA ?
The H1B visa allows nonimmigrants to be admitted for an initial period of up to three years. This period may be extended, but generally not beyond a total of six.
Any other basic info on H1B to add ? Share your thoughts.
This article has been written by Amelia Hunter from Galstyan Law Group. You may reach out to her law firm for any help on immigration and visas.