H1B VISAS – FREQUENTLY ASKED QUESTIONS

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Our Attorneys answer frequently asked questions about H1B visas
An educated person with at least a bachelor’s level of education or an American equivalent.
We can evaluate your education and determine if it is equivalent to a U.S. bachelor’s degree, but the basics are that you must have at least a U.S. bachelor’s degree to be eligible to apply for H1B.

It may take a few months. We’re talking about a process of at least six months, but October 1 is when you can start working, as long as you have the opportunity to register for H1B in March.

  • So it is important that:
  • Apply for the lottery in March of that given year
  • If your application is selected, you can file your H1B case between April 1 and June 30
  • After the above, we will know in a few months if your case is approved.
  • If your case is approved, you can start work on October 1.

Most people who apply for H1B are already in the United States normally studying at a university and are being hired through the employer who is giving them an internship.

It is not easy to get an H1B visa because there are only 85,000 visas available per year and 20,000 of those visas are reserved for people with master’s degrees. Which leaves an amount of 65,000 available to anyone who has a bachelor’s degree or profession. There are normally between 250,000 and 400,000 applicants and there are 85,000 visas. There are many people applying because it is a random lottery process and everyone has the same opportunities.
For example, let’s say you are a foreign student who studies at a university and want to apply for H1B, you must involve your employer. Basically, you are the beneficiary, and the employer will be the customer, so they are the ones who have the right to apply for H1B. You can do it either as a student or a foreign worker. Only the American employer has that right since they are telling the U.S. government, we need this person because there’s a need in the market.
The H1B visa is usually valid for up to three years. An advantage is that once you have it, it can be extended for another three years, allowing you a career of at least six years.
Yes, through the permanent labor certification. At the request of the employer, you can extend your H1B for several more years until a green card is available. The short answer is 3 years with the second extension of 3 years and the long answer is that, in addition, if you present the permanent labor certification, you can extend H1B for a very long time.

Most of the documents will come from the employer and some of them will be from the applicant.
The employer:
– FEIN Federal Employment Identification Number as we call it.
– Guarantee that the employer has the ability to pay a salary.
Sometimes we need to see income tax returns or any type of financial document that the employer is willing to share so that we can see that the company has the ability to pay that salary.
– A job offer from the employer
Applicant:
– We will review your resume and make sure they have all the qualifications to meet your requirements and the requirement I refer to is called a specialist occupation.

Most U.S. companies can sponsor an H1B visa. The criterion you need to think about is whether the company is based in the United States. Second, does the company have the ability to pay the salary? The salaries of H1B professionals are usually not less than $60,000 a year.
The cost can vary. The cost of a government visa can range from $1710 to almost $5000. The difference is how many? How many H1B employees are applying? How big is the company? Most fees range from $1710 to over $2500. Talk to your attorney about what the options are because attorneys’ fees can vary depending on the number of services needed in the case.

You will usually be in one of those programs, and your university will help you enroll. Your employer already knows you are a foreign student, and they will realize that at some point the OPT or CPT program will expire so you will have to go from being a student to a professional.

While you’re already in the internship, you can start reminding the employer that if they want to keep you as an employee for the next three years they need to file for the lottery in March of that year.

The fact that you’ve already been hired already gives you an 80% chance of getting an H1B.

Remind them that they usually have to file for the lottery registration in March to have a chance at being selected, and also remind them that they need to hire a lawyer to help with this process. There are so many steps during the six-month period that employers usually don’t have time to do it themselves and need to hire professionals for help.

Once you’re in the internship, talk to your human resources manager or employer and inform them that the H1B is the next step. If they want to hire you, and that’s the plan, then start talking to them about it and they will usually be open to it.

Any job that requires theoretical or technical knowledge in specialized fields usually qualifies. The most popular industries participating in the H-1B program include science, technology, engineering, and math (STEM) organizations, medical entities, financial institutions, and enterprise retail companies.

Any professional-level job that usually requires a bachelor’s degree or higher can qualify as a specialty occupation. If the candidate does not have a bachelor’s degree or higher, the employer may prove equivalence of the degree through the candidate’s work experience and/or other unique qualifications.

Individuals who have STEM degrees can apply for an optional Practical Training (OPT) F-1 extension to stay for 24 months working with a U.S. company.

 

If the applicant did not complete a STEM degree, they have the opportunity to apply for the F-1 Curricular Practical Training (CPT) program, which allows them to work in a field related to their studies in the U.S. Eligibility and availability for this program varies by state and school. F-1 student visa holders who are already in the U.S. may remain in F-1 status while receiving work authorization.

H-1B visa holders can bring immediate family members (a spouse and unmarried children under the age of 21). These family members must seek admission under the H-4 nonimmigrant visa as dependents.

An H-4 visa holder may reside in the U.S. as long as the H-1B visa holder has legal status.

If the H-1B visa holder voluntarily resigns or their position is terminated, the H-1B visa holder must find another employer sponsor, change their visa status, or return to their home country. Fortunately, this scenario allows up to 60 days to handle unexpected changes in employment while you remain legally in the United States.
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Living legally in the United States is an option. Click any of the above categories and learn more about the different visas available.