Practice Areas​

The H1B Visa Program: The visa is extended towards a job opportunity offered to a skilled talent

The H1B visa contributes to the expansion of employment-based immigration programs in the US. This type of visa provides American employers with the opportunity to hire foreign professionals in positions that require the application of specialized knowledge and a higher than average level of expertise. Such visa categories are common among the companies dealing with IT, engineering, healthcare, and higher education where there exists a particular demand for certain skills and qualifications.

Every program usually has its own historical development and this one is no exception. Over the years the U.S. H1B application program has embraced some changes. It has been able to bring about reforms mainly aimed at enhancing equity in the given program, minimising the instances of abuse, and the well being of the American and foreign workers. The goal of this article is to explore the program’s characteristics including but not limited to qualifying criteria, how to obtain a visa and what are the further prospects such as the possibility of getting a green card.

Key Takeaways

• Specialty Occupations Requirement: H1B Visa is only for workers engaged in occupations which require specialized knowledge. Such types of knowledge usually demand a higher education degree.
• Visa Caps and Quotas: The American government has placed a restriction on the number of H1B visas that may be issued in any given year, which contributes to the difficulties in.
• Randomized Lottery System: The collection of applications becomes so high that selection is conducted by means of a lottery.
• Employer-Sponsored Visa: The organization operating in the USA takes on the responsibility of filing on behalf of its foreign employees.
• Visa Flexibility: Foreign personnel possessing H1B visas are able to change employers and remain able to prolong their work permits.

Historical Context

In 1990, the H1B visa was created for the U.S. companies to have some of the responsibility for labor in specialized jobs given to foreigners. This scheme was primarily designed to be short term in order to cater for positions that required articulation. However, this structural complexity has developed as the program swelled. Before 2005, the issuance of the visa was on a first come first serve basis until the introduction of the lottery in cases where the number of applications was too high, where this was then the case after that. As reforms have occurred the government has maintained and reinforced its ideals of protecting the U. During these recent modernisations, systems with security measures against exploitation of the system, such as the number of registrations by one person, were introduced in order to reduce abuse of the H1B visa programme.

Overview of the H1B Visa Program

This visa then allows companies based in the US to hire overseas citizens for them to work in, for a limited period of time, in certain specialized occupations that usually require the attainment of a high level of education, particularly a bachelor’s degree. Such employment is mainly in IT (Information Technology), engineering, architecture, medicine, research, etc. The H1B visa is usually first granted to a period of 3 years and is subject to further extensions of six years with some limited provisions for additional years of further extensions allowed under certain provisions.

Who can apply for an H1B visa

Most foreigners come to the United States on the H1B visa when they have obtained an employment position in what is termed a specialty occupation, that’s because the position should ordinarily involve work which requires application of highly specialized knowledge in a theoretical and practical way and the person doing it or in charge should at least have a bachelor’s degree or its equivalent from an approved discipline. It is however also important to note that the nature of the position must be commensurate with the qualification; for example basic professional courses such as a degree in business are not adequate by themselves unless professional training follows.

A Guide on How the H1B Visa Program Can Be Acquired

The first step of the H1B visa application process is the submission of a Labor Condition Application (LCA) by Employer to the Department of Labor. The employer assures the department that the employment of the foreign worker will not have any detrimental effect on the conditions of work and wages of the company’s domestic workforce. After the LCA is approved by the Department of Labor, the employer makes submission of Form I-129 to USCIS. If selected in the lottery (if applicable), the foreign worker is able to go for a visa interview at the US embassy or consulate in the foreign worker’s country.

A Discussion of H1B Visa Cap and Quota Restrictions

It is noted that USCIS has addressed each of the petitions and on a yearly basis, H1B visas are issued up to 65,000 petitions with a further 20,000 available to those applicants which have degrees from US based universities. This limit is called the “H1B cap” and it causes fierce competition for the applicants. The number of applications made is usually far greater than the limits placed on the number of visas issued and hence a lottery system is used in order to allocate the number of spaces available in a fair manner.

H1B Visa Lottery System

Because of the enormous interest in H1B visas, registrants are extricated through a lottery conducted by the USCIS. Employers create and file electronic registrations of prospective employees and USCIS picks those who are petitioned to be convicted. Each individual applicant has only one selection proportion irrespective of how many employers go behind the applicant with registration.

Employer’s Role in Sponsoring H1B Visas

In this context, U.S. employers must be in the center of the actions during the H1B process by making the relevant petitions and proving that the intent to recruit non citizens will in no way harm the United States Labor Market. They also have to prove that the foreign worker is sufficiently supplemented with the wage regarded as the minimum wage for this kind of work. This protects the H1B workers from misuse and assures that their acquisition does not bring down the pay rates of American workers.

H1B VISA TRANSFER AND EXTENSION PROCESS

There is no need for H1B holders to go through the cap whenever they wish to change their employers. Country extensions will not apply, but if a worker changes employers then the new employer must go ahead and file a petition on behalf of the worker. Extension beyond the initial three years granted initially in terms of ordinary detail is possible and maximum extent details are allowed for six years. However, individuals who are applying for permanent residency can be granted additional waivers.

H1B APPLICATION CHALLENGES AND DENIALS IN NUMBERS

This systematic advocacy is challenged most commonly by one factor, which is the lack of proper documentation so do H1B petitions. The petition can be rejected if the job is not within the scope of specialized occupation classification, or if there is not a clear relationship between the degree and the occupation. There is also misuse of the system and requesting for legal evidence which gets sought by RFE submission.

H1B visas as a stepping stone to permanent residency

An H1B worker in the United States will most likely seek permanent resident status (green card) after some time. For H1B sub-category workers, sponsorship from their employers would give them the chance to labor in the US on a green card. Because of Boyers meaning resident alien which depending on the country of origin can take several years but does not exceed five years in most cases excluding other regulatory processing i.e. employment based categories.

Conclusion

The H1B visa seeks to concentrate on issues relating to foreign nationals seeking jobs in the United States and American employers who have a desirable employee. It is by this way clear that the H1B is workable although every employer’s nightmare due to it’s a competitive process in obtaining skilled labor. The updates and now reforms of the program are directed to achieving equity and competitiveness in the operation of the program while helping to eradicate such vices like abuse and assure every party the H1B system, the employers in the United States and the foreign workers themselves.

FAQs

1. What is the upward limit on H1B visas on an annual basis?
   The ceiling is at Sixty Five Thousand regular visas and an additional Twenty Thousand which is a special exemption to seekers with U.S. based master’s degrees.
2. Can I get an H1 B visa without an H1 B employer?
   Unfortunately not. The H1B is a company based visa. You need sponsorship from a US employer to apply.
3. What is the longest period one is allowed to stay in the country on an H1B visa?
   In the first instance, one is granted leave for three years and this can be renewed for another three years and in case one is applying for a green card, it may be for an indefinite period.
4. Is it possible to change employers on H1B?
   Yes, once you finish hiring for H1b visa and start working for any other employer within the period provided they will also file a petition for you.
5. What if my H1B application did not pick in the selection process?
   If you are not selected, you will have to resubmit your petition at the next application window or unless you qualify for a cap exempt petition.
6. Who can apply for permanent residence on the basis of H1B?
   Definitely, H1B holders can change status to green card holders through employment-based green categories with the help of their employee.