H1B Visa Archives

H-1B Visa-Importance, Benefits, and Requirements

February 14, 2022 Manoj Sodhani Comments 0 Comment

Specialty Occupation for H1B Visa

The H1B visa is a unique visa that allows foreign nationals to perform specialty occupations in America. These domains can be any of these, but not limited to Architecture, engineering, mathematics, and physical sciences. The “specialty occupation” refers to a work that requires the following:

Theoretical knowledge and practical application of highly specialized knowledge, and
Having a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum requirement for any occupation in the United States

You may apply for an H1B visa with a bachelor’s degree for any part-time or full-time job opportunity. Each year, 65,000 H1B visas are made available. For those who have advanced degrees like doctors, or engineers, there are an additional 20,000 from US institutions.

Validity of H1B Visa

The validity of this visa is up to three years. For a total of six years, it can be extended to the next three years. The holder or bearer can bring along his wife, parents, or children. These all should be shown as his dependents. Also, these dependents would be eligible for H4 status.

Job Change

Holders of H1B visas are allowed to change employers. For this, they must fulfill certain conditions. Permanent immigration status may be available to H1B beneficiaries. It is a dual intent visa. This means that the temporary immigrant is illegally trying to have permanent residency with non-immigrant visa status. Basically, the doctrine of dual intent is for the non-U.S. nationals. It discloses their intentions as to how long they think to stay in the United States.

What are the advantages of the H1B Visa?

Here is a roundup of a few of the many benefits associated with the H1B visa.

Right to Legally Work in the US

The H1B permits foreigners to work in specialty occupations in the United States. It ensures highly qualified people live and work there. Both, the beneficiaries and US economies, benefit from this arrangement.

Can Pursue Permanent Resident Status

Contrary to the J1, H2B, H3, or B visas, the H1B visa is for nonimmigrants. They only need to prove “temporary entry” and not their intent to become a nonimmigrant. Upon the expiry of the H1B status, you must show that you intend to leave. It is simply because a non-native is not allowed to have a residence in another country. You can still apply for benefits while having H1B status. This could include a green card or other immigration benefits.

Dependents Can Live Along With

You can apply for H4 status for your spouse and dependent children if they are younger than 21 and unmarried. You all can travel to the United States together. H4 status allows your children to attend school, but they are not eligible to work (subjects to some exceptions). To join the principal worker, H4 status holders must be present in the United States. If the H4 status holder is not in the US, the H1B principal holder will be removed.

It’s transferable

The portability benefits of the H1B visa are a major advantage. You can file a new petition if you have an H1B visa and may change employers.

What are the requirements to obtain an H1B visa?

There are many requirements associated with the application for an H1B visa. A lawyer who specializes in immigration can help you determine whether you are eligible for it. Services 2 NRI can guide you in gathering pieces of evidence to prove your eligibility. Random site checks can help you, but may not satisfy you completely in this regard. With us, you can easily get it done & get verified for this document to stay and work in America.

Conditions to Apply for this Visa

Require an Offer Letter from the US-based Employer

For this, an employer must offer a job to the beneficiary. He can either offer a job through a written agreement or, in the absence of a written contract, through an oral summary. Evidence must also be provided to support the beneficiary’s need.

An employer-employee relationship is Must

This is a crucial and required condition. Employer control is a condition for a valid employer-employee partnership. The petitioner (US-based employer) must have control over the beneficiary’s work. The USCIS will deny any petition if the beneficiary is not an employee or reportable to the petitioner.

Should Have No Labor Disputes

If there is a strike at the beneficiary’s job site, the USCIS will deny your petition. If the petition has been approved for being involved, however, the process will be stopped and you will not be allowed to travel to the US.

Specialty Occupation

As aforesaid, this visa requires you to have a specialization occupation, which requires knowledge in a specific field. Refer to these websites:

The Department of Labor’s Occupational Outlook Handbook, (OOH),
Or, NET online system by the Department of Labor
Or, the Department of Labor’s Dictionary of Occupational Titles.

The job description is not the most important thing, but the job duties of each applicant are. The job description will then be thoroughly analyzed. This will include the job description, including the exact tasks, requirements, duties, as well as the actual requirements for the position.

Pay Outstanding Fees

The employer must pay all fees for an H1B petition. If the fee is not required, please explain in your cover letter.

One of the most sought-after visas that allow foreign nationals to work in specialty occupations in the United States is the H1B visa. Now you should have a better understanding of all aspects of an H1B visa including benefits, requirements, and how to apply for it.

New H1B Visa Rule Directs Deportation if Extension Rejected

July 25, 2018 Manoj Sodhani Comments 0 Comment

The complications of non-residents in the US are likely to rise up. The USCIS has formulated more stringent H1B visa rules. That’s why India diaspora should be ready to undergo severity in America.

As of May 31 this year, the backlog of visa applications exceeds seven lakh cases. It includes petitions for seeking initial visa and its extension. The count of processed applications reached 3.65 lakh till 30 September, 2017.

Let’s have a look over why complexities are going to take a toll. Go through the contradictory scenarios of erstwhile and current happening:

What used to be the USCIS processing time and schedule for H1B visa?

Before introducing new H1B visa rules, you used to have 240-day work authorization. As your tenure expired, your employer could apply for a fresh H1B visa in the next application season. Meanwhile, you could catch a flight for an immediate return to India.

What is now happening?

If your application for visa extension is rejected, you can’t come immediately as you might do erstwhile.
The USCIS authority will issue a Notice-to-Appear (NTA). It notifies that you’ll have to appear for hearing before the special immigration judge, there. However, the procedure of deportation will be initiated since then.
The real trauma will begin when you can’t go to your home country, even if your work-visa is expired. You will have to stay there for trials.
Your presence in the USA post visa-expiry will be marked as unlawful. Therefore, you’ll have to face off harsh consequences. You would have to stay for months in the US even if he no longer holds the job.

The NTA can be issued, but not limited, to those who are caught up in the cases, like fraud, criminal charges or denial asylum or refugee status.

What are the consequences of the new H1B visa rule?

There are two severe consequences that you could face due to visa-extension rejection.

First, you can’t leave the country even though your legal tenure to work there is expired. If you leave, you’ll be barred from re-entry to the US.
Second, if your stay will exceed a year, you could be penalized with a 10-year bar on the re-entry to the American nation.

However, the severity of this USCIS processing time can be challenged in the court. You can appeal for a voluntary departure there.

But, the matter of concern is the trial. You have to be present in the first hearing. The worst thing is that you have to wait for months for letting it happen. Thereupon, you can seek the voluntary departure.

Consider another scenario. If your extension of the visa plea is denied, you can appear against it. The litigation will occur. Although these trials may consume a lot of precious time, yet you may win. If the judge will reverse the rejection, your processing of deportation could also be challenged in the court.

What should be done to avoid such visa penalty and consequences?

You must take into account the expiry date of your visa. Notify that your petition for the extension of visa should be filed before six months at least before the existing visa tenure. Otherwise, you can opt for the premium processing. It definitely would require you to have a deep pocket to bear its cost. But, you can heave a sigh of relief as it triggers a shorter processing time.

In the nutshell, you can premeditate what would be the best time to apply for the adjustment of status. Keep into account that the date should be six months prior to the current visa tenure.

How Do NRIs Change Address in H1B Visa Petition in the US?

June 6, 2017 Manoj Sodhani Comments 0 Comment

It may be possible that you need to change your work location in the USA. Or, the US employer may change your work location willingly. The expats must drill their head to know what should be done in such situation. It’s a must that the norms must be looked into prior.

As H1B visa is procured to work in the US, the expat must be a no Greek to amendment or changes in the H1B petition. Yes, it’s compulsory to get the changes in location marked. While doing so, these tips for changing address or location of work in H1B visa would be helpful. So, keep them in your mind.

Which guidelines of USCIS do mandate amendment in visa?

The USCIS or ‘United States Citizenship and Immigration Services’ executes immigration rules in the US. According to its one of the mandates, the expat has to file a petition called the new Labour Conditions Application (LCA) after noticing change in his work location. It’s a substantial step that is a must to follow for upgrading the location mentioned in the visa.

When is the time to change location on H1B visa?

The US employer has a few steps to take for upgrading the record-books of the USCIS. However the work-location would be changed for the expat but the petitioner would be the US employer. But this condition is applied only if the expat is going to be relocated outside the metropolitan statistical area or the area for which he is employed. That region is mandatorily mentioned in the visa papers. And if location changes later, the US employer must:

File for H1B amendment. It must be done prior to relocating if the change of location is decided after August 19. However, there is no need to wait for approval as petition is more important.
There is a timeframe fixed to change the location that lasts between April 9 and August 19. If the application is not filed, the employer as well as the employee would come out of compliance.
The last date of filing this amendment application is January 15. If so does not happen, the USCIS would be free for deportation initiation.

When is it not required?

The amendment petition would not be required if:

The location would lie within the ‘area of intended employment’. The employer, in this case, would be liable to send the existing LCA certificate for attestation services to the immigration authority within 10 business days.
The expat is generally relocated for 30 to 60 days. In case, the relocation would be shorter than the said period, no new LCA would be required.
The site is not the actual workplace of the expat.

What if the petition is rejected?

Sometimes, it may be possible that the petition for H1B amendment is canceled. In such case, the US employer can reapply with all the evidences and concrete proofs. But this should be done before the due date (i.e. 15^th January)

Consequences if not filed for amending location:

If the US employer fails to file it:

The petitioner will no more be in compliance with the DHS (Department of Homeland Security) regulations.
The petitioner would be eligible to face off notice of intent which can initiate revocation.
The expat would no more be able to maintain his/her H1B visa status.

It’s true that the revocation can be initiated if the LCA certificate is not submitted. But it’s also true that the final decision lies in the hands of the USCIS. It can put the revocation on hold if would find no concrete reason other than the delay of filing for new LCA certificate.

Fast H-1 Visa Processing Suspended for Six Months by the US

March 15, 2017 Manoj Sodhani Comments 2 comments

Do you have any dream of flying down to the US for studies and carving career? If yes, then think twice. It’s not the right time to take such a big decision. The diplomacy in the US is undergoing transformation. Lenient immigration rules are likely to reinstate by stringent policies.

The Trump-led administration is posing as the terrible threat to the illegal immigration procedure. The deportation procedure is reformed as more stringent. Under this stringency, seven Muslim countries are likely to be slapped with an uncertain ban. By predicting severe consequences of this decision, the federal court has frozen this decision for now. But no sooner this tabled bill will be green signaled, the ban will affect adversely to the US economy as well as the emigrants.

Do you think NRIs, PIOs and OCIs will be spared? Your anticipation may prove incorrect. The H1B policy is likely to be revised.

Suspension of the fast visa processing:

The USCIS or the US Citizenship and Immigration Services has stated on behalf of the US president that

The premium processing of visa that was likely to continue from April 3 would be suspended.
The seekers of this premium processing of visa must hurry since only 15 days are allotted for subscribing this NRI services for attestation of degree & certificate Till last year, this processing continued for a few months.
The premium visa processing service would be availed to the certain applicants who would have been hit by humanitarian reasons and emergency situations. This crunch time has risen extra-ordinary financial crisis to some companies and individuals. This program is specifically kick-started for those ones.

Every prospective emigrant is well versed with this visa policy. What’s it?

Aim of H1B visa policy:

When we turn over the annals, 25^th November 1990 emerges as extremely significant. It’s the very day when both, India and the US, inked the H1 B visa policy. What it actually approves to the US is to:

Employ non-US citizens who are exceptionally skilled and expert but only on temporary basis.
Initially, such emigrant-employees would be permitted to work there for three years only.
Later, this period can be extended for three more years but only when comply with certain conditions.

Information and technology (IT), medicine, engineering and mathematics are popped as the biggest beneficiaries subsequent to this treaty. The biggies like Infosys, Wipro and many other enterprises attempted to employ expert graduates from Indian diaspora. The point to cheer for such employees need not undergo the hassles of getting NRI certificate attestation services from HRD. The enterprises oblige such professionals by completing all formalities required for this purpose.

Certificate attestation from HRD is the path full of barriers because every year 85,000 applicants apply for this visa. Such a huge number of applications can ideate you how lengthy this procedure would be. Moreover, the employer bears their expenses which also include MEA attestation fee in India. Therefore, it’s a win-win situation for the Indian pool of talent & expertise.

What is H1B Visa? What Restrictions Are Announced by Trump?

February 15, 2017 Manoj Sodhani Comments 1 comment

With the change in American ruling, new visa rules have been tabled by the current president Donald Trump. According to it,

The employers in America have to provide more than double the minimum wages of the H1B visa holders.
The country will issue this visa to the company that assures delivering minimum wages worth $130,000.
The American company set up in the foreign country, if sells its products in the US will have to pay 35% or more tax.

All these announcements are made to give a push to the regime ‘American first’. But these statements have created mayhem in the country. Around 85,000 NRIs are going to be affected there. Also, nearly 20,000 or 21,000 Indian students who are attaining higher education there are likely to face off adversities there.

These new policies when implemented would cause all hell broke loose. Now, all eyes are set on the newly elected legislative assembly that may show green signal to this bill. It is buzzing that Silicon Valley will surely undergo severe blow after its implementation.

However, it’s too early to think over its aftermaths. The bill is only tabled that includes visa programs like H1B, L-1, E-2 and B1.

Now, let walk through A-Z about H1B visa.

What is H1B visa?

H1B visa is a non-immigrant visa that enables Indians to work in the US. Generally, the American employers extensively use it to outsource dirt cheap manpower from India. The native companies predominantly issue it to hire the highly qualified & skilled professionals, like engineers, doctors, scientists and IT geeks. It is initially issued for 3 months which can be extended for more 3 months later. Meanwhile, the emigrants can go the extra mile and get green card following certain mandatory terms and conditions.

To halt this practice and encouraging employment opportunities for the US natives, newly elected President Donald Trump has taken this step.

What are the basic requirements for H1B visa?

Professional degree(s), like engineering
4 years bachelor degree in the US or equivalent degree
Decent work experience
Early birds win priority since only 65,000 H1B visa applications are entertained during a fiscal year, i.e. 1^st October to 30^th
The application must be submitted prior to the beginning of the fiscal month, i.e. 1^st
CENOMAR can be sought by the sponsoring H1B visa employer.

Steps to apply for H1B visa: Getting this visa is no big deal provided that all guidelines and conditions are followed carefully. To let it occur seamlessly, the applicant must do his/her homework. How? Let’s check below:

Find the sponsor company (since there are many big ones, like Wipro, Infosys etc. )
Thoroughly research if the sponsor company has:

LCA approval
What its denial rate
When does it provide green card?
Does it pay for insurance?
Will it support when the applicant is on bench?
Which kinds of jobs does it offer?

The applicant must be ready with the following documents:

Experience letter from the current/previous employer
Copies of degrees and professional certificates
Request for transcript if the applicant has degree from American University

Ring in its customer support for negotiating salary.
Email or courier the copies of aforementioned documents to the sponsored company
Follow up employer (or sponsoring company) since he may require CENOMAR for proving the employee is single or any other specific document.
The sponsor company will file petitions to the USCIS for delivering visa on April 1.
Passport

Afterwards, the applicant can get all the attestation work done through the sponsoring company. Alternatively, the attestation of certificates can also be outsourced through some authentic outsourcers.

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