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What Are the Requirements For The H1B Employment Visa – 2021 Guide

The United States workforce is brimming with thousands of foreign workers employed in major American companies requiring distinguishable merits and skill sets beneficial to the establishment and the career development of the new hire. Qualifying for American occupations is effortless once you have credibility and competence. As a new job seeker, applying for a visa to travel and reside in the US is complicated, especially for those who are venturing for the first time.

The H-1B Visa Overview

According to Ashoori Law, the United States government gives the H-1B visa to qualified non-immigrant aliens who desire to work in American companies. Commonly this visa caters to applicants who obtained a university degree or three years of work experience equivalent to a period usually spent in a university.

Acquisition of this visa will grant the applicant authorization to enter the US to work. In some cases, former first Lady Melania Trump, who utilized the visa to live in the US, soon became a fully recognized American citizen. This is an opportunity for individuals to pursue the American Dream.

If the new hire has established an agreement with the American employer, they will organize the applicant’s documents and shoulder the visa fees payment. Submission of the candidate’s files is solely on the employer’s responsibility on behalf of the applicant.

Validity of the Visa

Your H-1B visa’s validity is a minimum of three years and can be extended for a maximum of six years. . The length of the H-1B visa extension varies from the field of work you have. If you are subject to deportation and dismissal, the foreign worker will handle the return transportation fee. However, there is a grace period of 60 days to establish permanent residency in the US or find another US-based company.

Given that the deportation is successful and you still plan to return to the US for work purposes, you will undergo the procedure you have previously experienced.

The H-1B Visa Acceptance Statistics

Source: americanbazaaronline.com

The maximum number of issued H-1B visas averages to 65, 000 every year, with exclusions. Twenty thousand visas are granted to individuals obtaining master’s degrees and higher. The USCIS will give you priority if you are affiliated with higher education and research projects. There is also an automatic reduction to the total visa issued due to the exception of Chile and Singapore receiving special slots of 6800 visas. The competition for the visa is tight due to the limitations. There is a lottery basis draw implemented when the H-1B visa is awarded to a foreign worker. This is the main reason why there is a slim chance of acquiring the visa. Make sure to immerse yourself in thorough research on the applicant and consultation with an attorney for advice.

H-1B Visa Requirements

To get an H-1B visa, you should accomplish the following requirements to be eligible:

You should complete a bachelor’s degree or higher from a certified university with regards to the chosen field of work equivalent to the degree in the US. It would help you even more if you have accredited and recognized learning experiences and training analogous to the required educational degree.

Another thing you must obtain is a state license certification concerning your expertise necessary for the employment process.

The ability to provide an employer’s rationale for a scarcity of qualified US applicants for the particular occupation.

Specialty Occupations by USCIS

There are various specialty occupations identified by the USCIS that require you to attain extensive knowledge and skills to perform the occupation. Most specifically, possessing bachelor’s degrees or higher. To be exact, you should have a degree in Architecture, arts, accountancy, education, engineering, business management, journalism, law, medicine, mathematics, nursing, research, and other related sciences.

Why are H-1B Visas Denied?

Source: insights.dice.com

Rejections of H-1B visa applications are usual, now that premium processing is suspended (2018) and changes to visa authorization imposed by the former President Donald Trump. The revival of the 2011 H-1B Visa Cap Registration and Regulation tightens the selection process, only choosing the most skilled and qualified position. The H-1B Program is now planned to be altered to maintain foreign workers’ ideas as a supplement to the workforce and prioritize more on providing job opportunities to American citizens. Another factor is the instability of adjustments with regards to USCIS fees. The extension process has been more complicated since the new policy memorandum(June 28, 2018) issues that when H-1B visas are expired, the USCIS can cast a Notice to Appear (NTA). Instead of reapplying for the next H-1B application, the new memorandum imposes that the applicant must wait for several months before processing the immigration judge with no source of income. The immigration judge may award the applicant a voluntary departure; the applicant is allowed to leave the US. However, if the applicant does not make their presence visible to the immigration judge, a 5-year ban is imposed, and you may not enter the US in the following period.

The Application Process for H1B Visa

Look for an employer/sponsor for an H-1B visa

You will be granted the H-1B visa if you are qualified and competent for the job in the US. If you want to pursue the opportunity you must find a US employer who can help you gain the H-1B visa.

Submission of the Labor Conditions Approval

When a legitimate US company hires you, your employer shall process your documents by submitting the Labor Conditions Approval (LCA) to the Department of Labor. The LCA provides the specifications of your work position, status, wage, and location. After completing the LCA, your employer must guarantee that you receive at least a prevailing wage or greater. The prevailing wage is the work salary comparable to what other workers in the same qualification have.

Form I-129 Submission

After accomplishing the LCA, you must file Form I-129, which is a petition as a non-immigrant worker. The processing period covers 3-4 months, depending on the service provider. If you want to expedite the process, there is an additional fee required.

In addition to that, you must prepare the following to successfully file a Form I-129 petition – evaluation of education, training, experience documents, your resume, acceptance of employment, and other supporting documents.

Completion of the Application at the Designated US Embassy

The last procedure for you to accomplish is to process your visa in their country’s US embassy office. The waiting period for the processing varies from one country to another. However, this usually takes only 2-3 days. Make sure you keep in check of the status of your application so that you will get it as soon as possible.

Other Options Similar to H1B Visa

If you are really aspiring to work internationally you can also take the following into consideration – the TN visa, the E3 visa, L1, O1, E1, or E2. Those mentioned are visas to countries such as Canada, Australia, and others, making your chances of working outside your country a lot greater.

Suppose you are dubious about acquiring an H-1B visa. In that case, you can also refer to this guide, which will help you know everything about the application process and accomplish your ambitions of working in the US.

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