H-1B Visas Archives - https://workpermitz.com/blog/tag/h-1b-visas/ Work Permitz - Best Visa & Immigration Consultants Sat, 03 Dec 2022 10:26:25 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.5 https://workpermitz.com/blog/wp-content/uploads/2022/11/cropped-Work-Permitz-logo-e1667893073820-32x32.png H-1B Visas Archives - https://workpermitz.com/blog/tag/h-1b-visas/ 32 32 What Are The Different Types Of H-1B Visas? https://workpermitz.com/blog/what-are-the-different-types-of-h-1b-visas/ https://workpermitz.com/blog/what-are-the-different-types-of-h-1b-visas/#respond Tue, 22 Nov 2022 06:57:29 +0000 https://workpermitz.com/blog/?p=905 The United States of America receives thousands of international candidates yearly on H-1B visas. These are the specialty visas allocated to aspiring foreign employees by US employers to work temporarily.…

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The United States of America receives thousands of international candidates yearly on H-1B visas.

These are the specialty visas allocated to aspiring foreign employees by US employers to work temporarily. However, the H-1B visa is segregated into various categories, such as H-2, H-3, H-4, etc. This blog will guide you through all these H-1B Visa categories. But first, let’s understand what an H-1B visa is. 

What Exactly Is An H-1B Visa?

The US government authorizes international candidates to come on H-1B visas and are employed by US companies. Therefore, candidates wishing to work in a US company must seek a job first. Also, they must possess specialized knowledge in the job position and be highly qualified. 

Interested employees qualifying the eligibility criteria will apply for the job and be selected. Only then US employers will get the H-1B visas on their behalf by submitting I-129 Form, Required Documents, and visa fee. As a result, employers will sponsor employee expenses and other H-1B visa processes

Though, before getting into the H-1B visa types, application details, and qualifications, let’s understand a few essential related terms.

H-1B Visa Lottery

The demand for H-1B visas is exceptionally high. Each year, the US government receives tens of thousands of applications, most of which are rejected. Another reason most applications are disapproved is that H-1Bs depend on the annual visa quota. 

Therefore, they launched the H-1B visa lottery as an alternative to offering work visas to the USA

In this process, the computer-based software will randomly select the applicants for an H-1B visa approval. 

Hence, the number of visa approvals will increase. The method of random selection is allotted by the United States Citizenship and Immigration Services. 

H-1B visa caps

The H-1B visa cap means the number of H-1B applicants the US government approves in each fiscal year. In 2022, US congress set this number to 85,000 into the regular pool, i.e., the number of H-1B visas allocated to candidates with bachelor’s degrees. At the same time, there are 20,000 special H-1B visas for people with Master’s degrees.

Now, we’ll further look into the H-1B visa types that are granted temporarily to international candidates:

What Are H-1B Visa Types?

H-1B Visa Types

The various types of H visas are granted to nonimmigrants temporarily. Let’s have a look at these types:

  • H-1C Visa: Any healthcare professional such as nurses, physicians, or religious workers, can obtain an H-1C visa. They must qualify for the NCLEX-RN Exam. Each year, the US government provides 500 H-1C tickets. 
  • H-3 Visa: Candidates appointed as trainees or interns in US companies are given H-3 visas. To obtain this visa, you must file a DS-160 Form to the United States Citizenship and Immigrant Services. 
  • H-4 Visa: H-4 visa holders are dependents of H-1B and H-2B visa holders. Therefore, they cannot work but only travel to the US. Nevertheless, the applicants must fill out the DS-160 Form and will be required to attach the details of the H visa holder.  
  • H-1B1 Visa:  H-1B1 visa is allowed to Singapore and Chile citizens. To work in the US with this visa, the citizens of these countries must have specialized knowledge in their field. Additionally, they must have a post-secondary degree and three years of work experience in a competitive field. 
  • H-2A Visa: H-2A visas are given to nonimmigrants hired by US employers for labour, agriculture, or other services. Mainly, the US government allocates these visas when there’s a shortage of workers in the United States. 

Applicants for an H-2A visa will first fill out the DS-160 form and use a work visa payment receipt. Furthermore, they must present the I-129 and I-797 forms. You will require these forms at the time of the US visa interview

  • H-2B Visa: This visa applies to certain countries only and has exceptions. H-2B visa is perfect for seasonal workers working in the United States’ interest. 

So, you know all the H-1B visa types and their purposes. Now, let’s understand the H-1B visa requirement for a work visa in the USA.

What Are The H-1B Visa Requirements?

The following are the requirements that both employer and employees must satisfy to get the H-1B visa:

  • Candidates must have a bachelor’s and Master’s degree exceeding educational qualifications.
  • They should excel in the offered job role.
  • Applicants must satisfy the job requirements.
  • The employer must present in the petition that didn’t find any qualified candidate in the US. (Only employees with 12 years of work experience can qualify for this field.)

You can apply for the H-1B visa if you meet all the above requirements.

What Is The H-1B Visa Application Process?

Let’s discuss the mandatory application steps to get a US work permit visa:

  1. The aspiring employee must seek a sponsor who can give them H-1B visa sponsorship. So, the first step to allowing you to work in the US is finding a job and a sponsor.
  2. The employer sponsoring the candidate’s visa should submit Labor Conditions Approval Certification. Additionally, they are required to file the I-129 Form (Department of Labor) electronically.
  3. Finally, candidates visit the US embassy or consulate to complete the US visa application. The final process takes 2 to 3 days. Here’s how you can achieve this step:
  • Submit the DS-160 form
  • Schedule the interview at the US consulate
  • Pay the H-1B visa fees and save the receipt.
  • Submit all the essential documents
  • Give the US visa interview.

Once you ace the interview round and your US visa application process approves, you will be granted an H visa. But first, let’s know the duration of H visas.

Duration Of These Visas:

The validity date of H visas are three years, i.e.  from approval to expiry date. However, you can extend its validity date for 3 years. As a result, H visa holders can stay up to 6 years in the US. 

Talk To Professionals 

As we learned before, the US government allows an 85,000 H-1B visa cap. So, if you want to move to the United States and become a part of their work culture, you must seek a job there and find a sponsor. Consequently, you can start your exciting journey there and fulfil your dream. 

Talk to the team of professionals to smoothen your H-1B visa process!

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How Long Can An H-1B Worker Stay In The United States? https://workpermitz.com/blog/how-long-can-an-h-1b-worker-stay-in-the-united-states/ https://workpermitz.com/blog/how-long-can-an-h-1b-worker-stay-in-the-united-states/#respond Thu, 10 Nov 2022 11:10:25 +0000 https://workpermitz.com/blog/?p=834 The H-1B visa is assigned to nonimmigrants by the employer, which allows them to work temporarily in the US.  Therefore, H-1B visa holders cannot permanently live and work in the…

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The H-1B visa is assigned to nonimmigrants by the employer, which allows them to work temporarily in the US. 

Therefore, H-1B visa holders cannot permanently live and work in the US. 

Wondering why?

Well, their stay depends on the visa’s duration date. When the duration date of the H-1B visa expires, the holders must leave the US and apply for a new work visa USA

Note: Workers who continue to work in the US with an expired H-1B visa are immediately deported and lose their legal status. 

The US law states that an international worker can live up to six years in the US with an H-1B visa (including the number of extensions one can get). 

However, it means that the original date of the H-1B visa is only valid for three entire years, which is extendable to another three years. 

Once a nonimmigrant completes these six years in the US, they can acquire a different immigration status.

Must-know fact: The F-1 and O-1 visa holders often get a green card to stay permanently in the US. Otherwise, their visa’s eligibility lasts up to six to twelve years.  

Now, let’s understand how the time is calculated for an H-1B visa according to US law. 

How Much Time Does US Law Allow For The H-1B Visa For Foreign Candidates?

Before you get into the exact time count in the six-year H-1B visa validity, you must know how it is calculated in the first place.

  • A worker’s time in the US counts at the end of six years. Therefore, it won’t affect your H-1B status even if you have been to another country within this period, whether you leave the US or re-enter the US.

For example, suppose an Indian Citizen with an H-1B visa has a validity date from 1st February 2018 to 31st January 2021. During this period, the worker visited his family in his own country for three months. So, those three months won’t be counted from his H-1B status. 

  • It is a significant law as it allows international candidates to get the most out of the six-year validity. 

For example, the Indian Citizen having an H-1B visa from 1st February 2018 to 31st January 2021 has spent three months in his own nation, i.e., from 1st January 2019 to 31st March 2019. 

As a result, the new validity of the work visa USA will be up to 30th April 2021.  

  • The same H-1B concept applies to the L-1 visa holders, who can complete their six years in the US. 

Discussing the L-1 status here is essential because some workers frequently shift from L-1 visas to H-1B visas. 

So, let’s learn how they calculate the six years of their L-1 and H-1B status periods. 

Similar to the H-1B visas, the recapture concept applies to L-1 visa holders. So, if they spend some time in another country from their allocated period, that time won’t be counted. Hence, the L-1 holders can apply the remaining time in their H-1B status. 

Noteworthy point: The recapture concept is inapplicable to the dependents of H and L visa holders. The dependents must leave the US once their validity expires, even if they had stayed some time in another country. 

To avail this opportunity, H-4 visa holders (dependents) must apply for an H-1B visa. 

For example, a worker has an H-1B visa, and his wife accompanies him with an H-4 ticket. Now, the US government gives the right to spouses to change their visas from H-4 to H-1B. Then, they will be entitled to the recapture concept. Consequently, the spouse’s time on H-4 access won’t affect the H-1B status. 

Now, we understand how the validity period is calculated in an H-1B visa. Let’s also look at some exceptions.

Exceptions In The Validity Of H-1B Visas:

Validity Of H-1B Visas

First Exception:

Usually, the maximum validity of an H-1B visa is six years. However, there are a few exceptions that can extend these six years as well. They fall under a US law known as American Competitiveness in the Twenty-First Century Act. It is also referred to as AC21. 

An H-1B visa holder can extend the duration of the visa if they are the beneficiary and approved for an immigrant worker petition. The petition is filed under I-140 law. However, it doesn’t mean they will get an immigrant green card, as the H-1B visa date is not up-to-date. 

For example, suppose you are an H-1B visa holder and have obtained I-140 in the EB-1 category. Now, your H-1B visa will expire on 30th April 2022. 

However, your priority date is 15th April 2020, which means your cutoff date will be 21st April 2019. You can see that you don’t have a priority date before the cutoff date. Hence, you are ineligible to apply for immigration status. 

In such cases, you can increase your H-1B visa till your priority date becomes up-to-date. 

Second Exception: 

You can apply for an H-1B visa process to extend its validity by filing the PERM or ETA application. In this scenario, the candidate’s employer files the petition on their behalf. The petition criteria are I-140. 

Third Exception:

H-1B visa holders can extend the validity beyond six years via AC21 provisions. However, as these provisions have significant backlogs, the visa date sometimes extends to 10, 15, or 20 years. 

Now, let’s look at another critical factor, i.e., how long the H-1B visa holders’ dependents can live in the US.

H-1B Worker’s Dependents Duration

The spouse of the H-1B visa holder possesses unlimited H-4 access and can continue to live with their husband. However, the exact condition is inapplicable to children as they cannot marry and should be under 21 years.

So, parents can obtain a green card for the family to permanently allow the child to live in the US. Otherwise, children can continue to live under F-1 status as students.

Expert Consultation

The H-1B visa is the most demanding visa among the rest as it comes with various benefits and opportunities for validity extension.

In addition, this US work permit visa also benefits the applicant’s spouse. Apply for this visa and find a beneficiary who can permit your employment and stay in the United States.

In case, you have any query regarding this visa type, you can consult Work Permitz professionals!
Meta Description – The duration of H-1B Visa holders in the USA is three years. However, it is extendable for additional three years. Though, to learn about its duration, you can seek professional help!

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How To Renew US Visa: A Step-By-Step Guide https://workpermitz.com/blog/guide-to-renew-us-visa/ https://workpermitz.com/blog/guide-to-renew-us-visa/#respond Wed, 09 Nov 2022 12:57:59 +0000 https://workpermitz.com/blog/?p=822 You may be wondering; how to renew your US visa? To know about it, read this guide! The US government allows nonimmigrants to renew their expired visas. The procedure for…

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You may be wondering; how to renew your US visa?

To know about it, read this guide!

The US government allows nonimmigrants to renew their expired visas. The procedure for the renewal of a US visa is the same as the initial application process.

Candidates can renew their expired US visas by applying for US visa renewal. Once the Visa USA is approved, you will obtain a similar Visa. Moreover, the conditions for the renewed Visa are the same.

In order to apply for a US Visa application form, first check your eligibility criteria. The candidate must meet all the eligibility requirements before submitting the US visa documents.

Read further to know whether you are eligible for US visa renewal.

What Are The Eligibility Criteria For US Visa Renewal?

Apply for the US Visa Renewal if:

  • You are seeking to renew the previous Visa. For example, if you have a B-1 visa, apply for a B-1 visa renewal.
  • Candidates must also remember that if they are applying for another visa and that visa application gets rejected, they cannot apply for a US visa renewal. For example, suppose you were previously the holder of an H-1B Visa and simultaneously applied for M-Visa, which got rejected. In that case, you will no longer be eligible for an H-1B Visa.
  • Multiple US Visa entries for renewal are allowed. Here you will get the validity of one year. 
  • The requirements also vary depending on the US Visa type. Therefore, you must fulfil all of them to be eligible for renewal.
  • The candidates can only apply for US visa renewal from their own nation. It means that you cannot apply for a US Visa renewal from the US.
  • An ideal candidate’s Visa expired 48 months ago. 

Apply for a US visa renewal with the appropriate documents if you qualify for all the criteria. Though, first, you need to learn more about the document requirement.

All The Documents Required For US Visa Renewal

Documents Required For US Visa Renewal

Remember that you must possess all the documents for your initial visa application. These essential documents are:

  • A passport with six months of validity. 
  • You must submit the previous passports containing expired US visas.
  • Candidates must present two passport-sized photos that should meet the US visa photo requirements. You don’t have to use similar photographs from your original application.
  • DS-160 confirmation copy.
  • The printout of the US Visa fee payment for proof. 

This was the list of essential documentation all the candidates must have. Of course, you may require additional documents, which vary according to the US visa type. 

Now, let’s walk you through the entire US visa renewal application process.

Process For Applying For US Visa Renewal

Although the process is similar to your first application, you must still remember these steps to prevent mishaps. 

  • First, you must fill out the online application form, i.e. DS-160.
  • Second, schedule the interview appointment by visiting the nearby consulate office of the embassy. 
  • Now, pay the US Visa renewal fee and save the receipt.
  • Submit all the necessary documents.
  • Finally, you will receive the US Visa interview appointment letter. Present for the Interview and state your purpose for visa renewal.

Note: The chronology of the process might differ country-wise. For example, in India, candidates pay the US Visa renewal fee after scheduling the interview appointment. 

One aspect of the process, similar to all US Visa renewal applications, is filling out the DS-160 Form. 

Hence, we’ll learn more about DS-160 Form.

What Is The DS-160 Form?

DS-160 is the application form that candidates fill out in order to acquire a US visa. Therefore, it is included in renewing the US Visa application. All nonimmigrants must submit the DS-160 Form for visa renewals. 

Here’s how you can complete the DS-160 form application:

  1. Visit the Consular Electronic Application Center to complete the DS-160 application. There you can fill out the entire application or take help from the working staff regarding the language. Candidates have to use the English language only. 
  1. Filling out the DS-160 Form via a third-party company is another option. The third-party companies guide you at every step of the application process. Today, submitting the Form through such companies is advantageous as they are familiar with embassy and consulate policies and rules. As a result, the chances of making mistakes reduces. 

Once your application completes, a confirmation page will appear on your screen. Take a printout of this page because you have to present the DS-160 Form at the time of the scheduled Interview. 

In addition, you would require a DS-160 form at all stages of the renewal process. Now, you are eligible to seek an interview appointment. 

The final stage of US Visa renewal is Interview. Once you pass the Interview, you will get a green card to enter the US. So, let’s look at the US Visa interview for renewal.

The Interview Process For US Visa Renewal

Candidates must visit the US embassy or consulate website to schedule an interview appointment. 

Once selected for the Interview, candidates must fill out the US visa fee. Then, download the receipt and present it at the time of the Interview. Furthermore, submit all your documents to the USA Visa consultant. The embassy and consultant will verify the papers. 

Note: The US visa fee is not refundable. So, you won’t get a refund if your US Visa renewal application gets rejected.  

Finally, you have to sit for the Interview with the Visa officer. They will ask you basic questions related to your document information and the purpose of your US visa renewal. 

Once the Interview ends, relax, and you will be notified about the outcome by the US government. Although the development of the Visa depends on the specific US visa type. Though, in certain cases the visa result takes days to months. 

Talk To Experts 

To increase your chances of approval of your US visa renewal, be confident and speak honestly in your Interview. 

Additionally, don’t produce incomplete documents. Mostly, the visas are rejected when the candidate’s behavior reflects suspicion. However, you know every detail of the US visa renewal process so that you can eliminate all mistakes. 
Know US visa requirements perfectly, and consult Work Permitz visa consultants to know in-depth about the process.

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How Does A Company Sponsor H-1B Visas? https://workpermitz.com/blog/how-does-a-company-sponsor-h-1b-visas/ https://workpermitz.com/blog/how-does-a-company-sponsor-h-1b-visas/#respond Mon, 31 Oct 2022 15:23:29 +0000 https://workpermitz.com/blog/?p=709 So, you have a job in the US and now are you  looking for the H-1B US immigration visa?  Well, if you are then you are at the right place. …

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So, you have a job in the US and now are you  looking for the H-1B US immigration visa? 

Well, if you are then you are at the right place. 

H1-B visa is issued to those applicants who have a job in US soil and are staying there for work purposes. 

Though, before starting with the H-1B visa process, it is crucial that you all know and understand the necessary qualification requirements for applying and finally getting H-1B as a US immigration visa.

Who can qualify for an H-1B Visa?

Each year, the companies hire 65,000 international candidates with a graduation degree. In addition, 20,000 H-1B visas are also available for people with master’s or higher qualifications. 

Here’s how you can know whether you qualify for an H-1B visa or not:

  • Applicants must have a graduation degree. 
  • An equivalent qualification degree related to the vacancy is also necessary. 
  • An ideal candidate must possess exceptional knowledge and skills to tick off the “specialty occupations” criteria in the application.

Securing the H-1B Visa USA is time-consuming for organizations. Let’s look at the standards, employers must meet in order to hire someone from abroad:

  • The employer should thoroughly check the employee’s educational and qualification background before hiring. Also, they must present the candidate’s experience (if they have any). It reflects that the employer is well-aware of the non-immigrants they hire.
  • Only companies that belong to medical, technical, engineering, business, etc., are allowed to procure H-1B visas. 

There are some infamous  US companies that are  frequently hiring candidates from overseas and offering H-1B visas to their international employees..

Companies that sponsor H-1B Visas:

  • Accenture
  • Wipro
  • Amazon
  • Infosys
  • Tata Consultancy Services
  • Apple
  • Intel
  • IBM
  • Facebook
  • HCL America
  • Capgemini
  • Cognizant
  • Google
  • Tech Mahindra

As we know the qualification criteria and the companies that sponsor H-1B visas, it is vital as without it, you will not be able to work in the United States. So,  let’s understand the H-1B US visa process in detail.

The process to get H-1B visas for employers

American visa process

The US Citizenship and Immigration Services kicked off the process that allows employers to register for H-1B visas electronically. However, employers must pay a fee of $10 to file a petition for employee sponsorship. 

It means employers have an excellent opportunity to seek sponsorship online without hassle.

 Here’s the step-by-step H-1B visa process:

  • First, create an online account with USCIS at ‘uscis.gov.’ You can navigate its official website on any web browser. 
  • Furthermore, it will allow you to apply for the H-1B lottery. Here you will only find the approved registration form.
  • You need to submit a petition that should state your company is qualified to hire an international employee. It showcases whether your company is eligible for an H-1B ticket.
  • The government has mandated that all employers submit a Labor Condition Application (LCA). The application must be submitted to the Foreign Labor Application Gateway department.
  • In addition, companies must produce a document comprising the salary of their prospective employees and the working conditions. 
  • The USCIS strongly suggests informing the current workers regarding the future H-1B employee.
  • Once the submission completes, a registration approval message will be provided to you from USCIS. After receiving the approval notice, you must register an I-129 Petition for your non-immigrant worker along with supplemental forms.
  • In the end, submit the entire petition and pay the fees.

So, this is how convenient it is to submit the sponsorship petition to the FLAG from anywhere online. But, then, follow the steps precisely to avoid rejection. 

Let’s move further and learn about the various non-immigrant visa programs.

What are the various non-immigrant visa programs?

Taking advantage of numerous programs, companies get the opportunity to appoint non-immigrant candidates. 

Several US immigration visa programs for non-immigrants are mentioned below for you to know:

  1. THE H-1B Visa program is the most secure and streamlined program designed for companies to recruit candidates internationally.
  2.  B-1 Visa is another program applicable for non-immigrants temporarily visiting the US. Generally, B-1 holders travel the country for business-related work. It has a 180-days validity.
  3. B-2 Visa, also known as a visitor visa, is granted to people traveling to the United States, especially for tourism or business. Similar to B-1, B-2 is also allowed temporarily. The B-2 visa is valid for 180-days. 

So, now we know that only H-1B visas are designed for employment in the US. Whereas, B-1 and B-2 visas are temporary visas with a 3-months validity. But what if the employee permanently desires to settle in the US? 

For such non-immigrant employees, a dual intent scheme is available. Let’s discover more about it.

Dual intent:

Non-immigrants with H-1B Visas can work up to 6 years in the United States. Then, they must leave the country for renewal and apply for H-1B Visa next year. The cycle continues until the non-immigrants get their green card.

The concept of “Dual intent ” is also getting widely used nowadays. It means the employer can hire non-immigrant employees permanently until they get a green card from the government. 

Now, we know everything about the H-1B Visa process in 2022. Read further to learn the H-1B visa application process for non-immigrants, and let the companies know about your availability.

How to get an H-1B visa sponsor

Here are some ways that will help the job seeker to get H-1B Visa sponsor:

  • Locate the job in the database of H1B Visa Sponsors.
  • Once found a suitable vacancy, apply for it and obtain an offer.
  • Let the company know about your seeking H-1B visa sponsorship.  
  • Look for internship opportunities at a company that sponsors H-1B visas.

Before endeavoring on this path, examine whether the company you are interested in hiring international employees via an H-1B visa or not. Only apply if the company has a previous record of recruiting employees with H-1B sponsorships.

Seek Professional Help

Working in the United States is a dream for many. As  there are ample opportunities that can make your career soar. Each year, many aspirants attempt to get selected under the H-1B visa program but only a few pass. 

Hence, if you have all the qualifications and standards to live up to the visa expectations then you better hurry and apply for the H-1B visa now. 
Talk to Work Permit experts to know more about the US visa process!

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