"Exploring the Intersection of H1B visa Myths and Realities"
Are you considering applying for an H1B visa? If so, you've likely heard a lot of misinformation about the process.
It’s important to separate fact from fiction regarding this complex process!
In this blog, we will look at 12 common myths and realities surrounding H1B Visas to help separate fact from fiction. From understanding the application process to knowing the implications of being an H1B holder, read on to get a better idea of the truth behind H1B Visas!
What are H1B Visas?
H1B visas are non-immigrant visas that allow foreign workers from countries outside of the U.S. to come to the U.S. and temporarily work in specialty occupations.
These visas are usually granted to individuals in professional or technical fields such as medicine, engineering, finance, accounting, information technology, and architecture.
While the H1B work visa usa is a great way for many foreign professionals to gain access to American jobs, there are often misconceptions and misunderstandings about the program.
In this blog post, we'll explore 12 common myths and realities about H1B visas so you can decide if you're considering applying for an H1B visa.
Common Myths And Realities of H1B Visas
Myth 1: The H-1B Visas can be obtained throughout the year
Reality: This is a common misconception about H-1B visas. H-1B visas are only available for a limited period each year, usually from April 1st to October 1st. The USCIS only approves a limited number of H-1B visas yearly, 65,000 visas, plus 20,000 extra visas. Once the allotted time frame is over, no new H-1B visa applications will be accepted until the next year.
Myth 2: Once my H-1B visa is approved, I can begin working for an American employer
Reality: The H-1B us visa application process is lengthy and may require several months before you can officially begin working in the US. The initial application must be filed with the US Department of Labor. Then the employer must file a petition with the USCIS. Once the request is approved, the employee must obtain a visa stamp from a US consulate in their home country. Only then the employee officially began working in the US. This process can take several months, depending on the individual circumstances.
Myth 3: The H-1B program invites workers to enter the labor market at a lower cost.
Reality: The reality is that the H-1B program does not invite workers to enter the labor market at a lower cost. Instead, the program requires employers to pay the higher of the actual wage paid to other similarly situated workers or the prevailing wage for the position. Furthermore, employers must also pay a one-time filing fee to the Department of Labor for each H-1B us visa application.
Myth 4: Visas like H-1B cause a decrease in job availability for American workers.
Reality: The reality is that this visa is not taking away American workers' jobs. Studies have found that H-1B visas create jobs by increasing wages and spurring innovation. The presence of skilled foreign workers is often a key factor that creates new jobs. Companies and organizations use the H-1B program to fill critical knowledge and skills gaps in their workforce, allowing them to remain competitive in the global market.
Myth 5: All immigrant workers with an H-1B visa are included in the H-1B cap.
Reality: The H-1B cap does not include all immigrant workers on the visa H-1B usa. Certain categories of workers are exempt from the H-1B cap, such as those who have previously held H-1B status, have earned a US master's degree or higher, are employed by an institute of higher learning, are employed at a non-profit affiliated with an institute of higher learning,\, or are employed by a non-profit research organization.
Myth 6: Visa (H-1B) does not permit dual intent
Reality: Contrary to popular belief, the visa H-1B allows dual intent. This means an individual can apply for an H-1B work visa while they have a permanent residency in the United States. This is particularly helpful for individuals who need to work in the United States but may not want to commit to living here long-term.
Myth 7: Only a few H-1B workers can be hired by US employers.
Reality: The reality is that there is no limit on the number of H-1B workers that a US employer can hire. Employers subject to the H-1B cap are limited to the number of new H-1B petitions they can file, but there is no limit on the number of H-1B workers they can employ.
Myth 8: You cannot start a business while on H-1B visa.
Reality: Contrary to the popular myth, starting a business while on a visa (H-1B) is possible. No specific regulations are preventing visa, i.e., H-1B holders, from owning a business.
Myth 9: A person with an H-1B visa cannot go abroad while they own the H-1B.
Reality: H-1B holders can go outside the US while holding an H-1B visa. However, the H-1B holder must carry a valid passport, a valid H-1B visa, and an H-1B approval notice when returning to the US.
Myth 10: An H-1B worker can work in any occupation.
Reality: The reality is that workers with H-1B visas are limited to the specific position for which the employer needs to obtain certification from the US Department of Labor. The position must also meet certain requirements, including being a specialty occupation, requiring a minimum bachelor's degree or equivalent, and paying a prevailing wage.
Myth 11: If in case my visa remains valid, my employment under the H-1B cannot end.
Reality: Your H-1B job can be terminated anytime, regardless of your visa status. Your employer is not obligated to keep you employed until your us immigration visa status expires. However, it is important to note that your employer has the right to terminate your employment.
Myth 12: Visa H-1B is the sole opportunity for foreign experts to obtain employment in the United States
Reality: This visa is not the only option for foreign experts seeking a job in the US. In addition to the H-1B, other visa options are available to foreign professionals, such as the L-1 visa, the O-1 visa, and more. Each visa has distinct requirements and advantages, so it is important to understand their differences and determine the best fit for the individual's circumstances.
Get Advice From Experts!
Are you confused about the H1B us visa process? You're not alone.
With expert help, you'll have the information you need to make a smart and informed decision about your visa application.
Don't let confusion stand between you and the opportunity of a lifetime - get the facts and make an informed choice today.