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What is an H-1B Visa?

 

An H-1B visa allows a foreign worker in a specialized field to emigrate and work in the United States temporarily. The U.S. is always looking for workers with special skills. This visa allows them to work in their field for a temporarily. H-1B visas last for six years. Extensions are available if the visa holder is trying to become a resident and receive a Green Card based on employment. The ability to apply for a Green Card while holding an H-1B visa is known as dual intent.

The U.S. limits the number of H-1B visas issued each year. Only 85,000 are awarded each fiscal year. Of these, 20,000 are set aside for people who have a master’s degree or higher.


Basic H-1B Information

There is some basic information you should know about these visas you should know before you apply.

  • You need a bachelor’s degree for a specialty H-1B application.
  • Your employer needs to get a labor condition application.
  • If you have been given an H-1B visa in the past, you will not be held to number limitations.
  • Anyone who has an H-1B visa can use portability provisions in the American Competitiveness in the 21st Century Act to find a new employer.
  • If you have a spouse or children, they can live in the US with H-4 status but cannot work.

H-1B Eligibility Requirements

Visas are granted based on a points system. You need 12 points to be eligible for an H-1B visa. Points can be earned in several ways. For every year you spent in college or at a university, you earn one point. A year of work experience also equals one point. Become eligible by completing one of the following:

  • A Master’s Degree, Bachelor’s Degree, or the equivalent
  • Work experience totaling 12 years
  • A combination of schooling and work

Why You Should Apply for an H-1B Visa

There are many reasons to apply for an H-1B visa. If you get an H-1B Visa, you can work for a U.S. employer. This is a tremendous opportunity for foreign workers. You can also usually bring your family with you. Applying for an H-1B is quicker than applying for a Green Card. If you qualify for an H-1B visa, you can enter the United States sooner than with a Green Card.

There are also disadvantages to using an H-1B visa. First, there is a yearly visa cap. Only 85,000 are given each year, and 65,000 of those are for specialty overseas workers. Another 20,000 are for workers with advanced degrees. This limit causes many people to apply for different visa types. A few different visas include L-1B visas, L-1A, E-2 Treaty Investor Visa, E-1 Treaty Trader visa, and E-3 for Australians.

Your employer should apply for your visa six months before you anticipate start date. April 1, 2020 is the first day you can apply to be included in the 2018 visa cap. U.S. Citizenship and Immigration Services (USCIS) will then include your application in the H-1B visa lottery.

H-1B visas are given to workers in specialized jobs. This includes fields like medicine, law, education, engineering, and biotechnology. For your job to qualify as a specialty occupation, it must meet specific standards.

  • A bachelor’s degree or higher is required for the field.
  • Your job is so difficult that you need a degree for a full understanding.
  • Employers in your field require degrees.
  • Your field involves specialized knowledge that can only be learned in a degree.

You must also meet these requirements to accept a special job as an immigrant in the US.

  • You have earned your field-specific degree from an accredited school.
  • You have an equivalent foreign degree.
  • You are licensed to work in your field.
  • You have training or experience that is equal to a degree.

You can apply for an H2B visa or an L-1 visa if you don’t meet these requirements. An L-B visa allows foreign workers to transfer to a U.S. job with the same company for five years.

H-1B visas are not permanent. They eventually expire. Your initial visa lasts for three years. It can then be extended to six years, the maximum length of an H-1B visa. Before your visa expires you can apply for a permanent resident Green Card. If your visa does expire, you have to live outside of the country for a year before reapplying. Other ways to extend your visa length include:

  • Submit an I-140 immigrant petition before your fifth visa year and you can renew every one to three years until your petition has been considered.
  • If your I-140 petition is approved but you can’t yet receive your Green Card, you can extend your visa by three years.
  • If you work for the defense department, your visa can last up to ten years.

You can bring certain family members to the U.S. with you if you get an H-1B visa. Your spouse and children under 21 years of age are eligible. They are considered H-4 visa holders. Your family can stay in the U.S. as long as your visa is active. H-4 visas are limited. Family members with H-4 visas can’t work, but they can go to school, open a bank account, or get a driver’s license.

The U.S. Labor Department protects visa holders from unfair treatment. Your boss must submit a labor condition application (LCA) to the Department of Labor (DOL). Your LCA is reviewed to make sure your wages are fair. It is also used to prevent displacement of US workers.

File form WH-4 with the DOL Wage and Hour Division if you have not been paid fairly. Complaints about employer fraud go to the Office of the Inspector General.

 

  • Is h1b lottery completed for 2019?

Summary of USCIS H1B Lottery 2019 Competed 190K petitions filed: USCIS completed Lottery for H1B Visa FY 2019 on April 11th. USCIS accepted petitions for 5 working days from April 2nd to April 6th and announced that they reached regular cap of 65,000 and Masters cap of 20,000 on April 6th

 

During the FY 2019 H-1B visa lottery, 190,098 petitions (taking into account the master’s exemption) were received by USCIS within the first week. This number was far above the 85,000-petition cap. As a result, a lottery was conducted last year to randomly select those among the pool lot

  • Will there be lottery for h1b 2020?

DHS used the new “Merit based” in H1B April 2019 lottery system. Online Registration will be first tested and start from next year i.e. April 2020. You have to file normal regular paper based H1B application starting 1 April 2019.

  • Is h1b 2020 lottery done?

H1B 2020 Lottery Completed: USCIS mentioned that they have conducted H1B lottery on April 10th. … They used a computer-generated random algorithm, which is popularly known as H1B Lottery, to select the petitions for FY 2020 quota.

  • What is the minimum salary to file h1b visa?

Currently, to qualify for an H1B visa, a company must be willing to pay a qualifying worker a minimum salary of $60,000 annually. Under the new regulations, companies would be required to pay a minimum of $130,000 annually

Summary of USCIS H1B Lottery 2019 Competed 190K petitions filed:

  • USCIS completed Lottery for H1B Visa FY 2019 on April 11th.
  • Total H1B Petitions received for FY 2019 quota – 190,098
  • USCIS accepted petitions for 5 working days from April 2nd to April 6th and announced that they reached regular cap of 65,000 and master’s cap of 20,000 on April 6th.
  • USCIS will reject and return all petitions with their fee for all the H1B petitions not selected in H1B Lottery, provided they are not considered as duplicate petitions as per the new rule. Check Sample H1B Reject Letters for Not picked in Lottery
  • Lottery Process used for FY 2019:  USCIS conducted H1B Lottery for master’s cap first and the unselected petitions form that pool became part of the regular quota lottery.
  • USCIS will continue to accept H1B petitions that are cap exempt or the ones counted for the cap in the past that fall under the categories of H1B Extensions, H1B petition for Change of employment terms, H1B Transfers to new employers, and Concurrent filing of H1B for second H1B position.
  • Also, they gave split of number for master’s and Regular quota on their H1B 2019 page, which is new. Some people are confused on where we got these numbers, it is on the USCIS H1B 2019 Updates page. I have put a screenshot for your reference.
    • Masters Quota Filings : 95,885
    • Regular Quota Filings: 94,213

 

H-1B visas petitions can be filed on April 1st for the following fiscal year. For example, petitions filed in 2020 will be for 2021. The first day you are eligible to work if you receive your visa is October 1st. Filing as soon as possible is important, as visa are granted first come, first served.

Some petitions are subject to a cap. 65,000 visas are reserved for bachelor’s degree holders. This is known as the regular cap. Another 20,000 are reserved for advanced degree holders. When more petitions are filed than there are available visas in five business days, the USCIS holds a lottery. Petitions are selected at random by a computer until each cap is reached. Workers from Singapore and Chile are exempt from the cap.

It is possible to be exempt from the visa cap. Potential exemptions include:

  • Submission of an amended H-1B petition.
  • You are renewing or extending your H-1B visa.
  • You have submitted an H-1B transfer visas.
  • Your employer is a non-profit organization associated with a higher education institution and you are enrolled in the jointly managed program.
  • Your employer is a nonprofit or government research organization.
  • You, a Foreign National Beneficiary, have earned an H-1B visa in the past six years and have not left the country for more than a year.

 

As mentioned, visas are granted for three years and can be extended three years for a total of six years. After this six year, you must wait a full year before applying for a new visa. However, there are certain exceptions.

The 240-day rule lets you work for 240 days while you are waiting for an extension, a renewal, or a Green Card. If the USCIS denies your request, you must stop work immediately.

You can also extend your visa beyond six years if you:

  • Have submitted an I-140 petition that has been approved
  • Are the beneficiary of an I-140 petition or PERM petition filed more than a year ago
  • Are regaining time you spent outside of the US while your visa was active

If you have a pending PERM or I-140 petition, your visa can be extended for a year. This extension lasts until either petition expires, is revoked, is denied, or you earn or are denied residency. You must be the named person on the visa to receive this extension.

If your I-140 petition is approved, you get a three-year extension. You do not need to hold an H-1B visa to file for this extension and you can file in advance.

Anyone who has an H-1B visa stamped in their passport that has expired within the last six years can apply for a new H-1B visa that is exempt from the annual cap.

Both you and your employer need to file the right documents for an extension or renewal. Your employer must file:

  • A copy of your job offer letter that includes your title and salary signed by both you and your employer
  • A description of your job
  • Company marketing materials or brochures
  • A recent company financial statement, business plan, or annual report
  • If the company is incorporated, the Articles of Incorporation must be included.

Documents you must provide include:

  • Copies of your I-94s, US visas, and 1-797 approvals
  • University transcripts and degrees
  • An evaluation of your equivalent foreign degree, if applicable
  • Proof of experience from previous employers
  • Your resume
  • Proof of employment, which can include three recent paychecks or a letter from your employer

It’s important to understand fees when applying for an H-1B visa. Your employer is responsible for paying all fees except for third-party costs. The fees necessary to receive your H-1B visa include:

  • A filing fee of $460 for your I-129 petition. This fee also applies to amended petitions, renewals, and transfers.
  • New visa petitions and transfer petitions require $500 for fraud detection and prevention.
  • If your employer has more than 50 employees, they need to pay a $4,000 fee. This applies to both H-1B and L-1 visas. This is called the Public Law fee.
  • Employers with 1 to 25 employees must pay $750 under the American Competitiveness and Workforce Improvement Act. The fee for employers with more than 26 employees is $1500. Educational institutions, nonprofits, and government research organizations are exempt from these fees.
  • You can also pay an optional premium fee if you want to speed up the process. The cost for premium processing is $1440. You must complete the I-907 form. This guarantees a fifteen-day processing period. Either you or your employer can pay this fee. Premium processing does not improve your chances for approval. Premium processing is suspended for 2018 petitions as of March 3, 2017.

Some fees have increased in the past year. The application fee increased from $325 to $460. The Public Law fee increased from $2,000 to $4,000. If your petition is denied, you won’t get a refund. You may be able to get a refund if your petition was certified but not selected in the lottery. It is also possible to get a refund if:

  • The requested fees were more than necessary.
  • You paid for premium processing, but processing took longer than fifteen days.
  • The USCIS made you fill out unnecessary forms and asked for a fee.

There are very limited options for paying your visa fees. The I-129 form states payments must accompany the petition via a check or money order. Every fee needs its own money order.

Several fees are needed to extend your visa. First, you need to pay the filing fee for a new I-129 petition. This includes paying for premium processing. Initial fees like the Public Law fee, ACWIA fee, and Anti-Fraud fees only need to be paid once. This is per beneficiary and per employer.

 

  • When Does the 2021 Application Session Start?

The U.S. begins accepting applications for 2021 on April 3, 2020. The application session normally starts on the first of April. However, April 1st is a Sunday this year. By filing on April 3rd, you are eligible to work on October 1st, the beginning of the 2021 fiscal year.

  • What are the 2020 Caps?

As in past years, the regular cap is 65,000 and the master’s degree cap is 20,000. This equals 85,000 available visas. 6,800 visas are reserved for workers from Singapore and Chile.

  • Will there Be a Lottery?

Most likely, there will be. Visa lotteries occur when petitions exceed the visa cap. This has happened the last four years. Expect a lottery in fiscal year 2020.

  • When Should I Start Planning to File?

Right away. Those studying and about to graduate in the U.S. on an F1 visa should already be looking for an H-1B visa sponsor. Foreign workers should seek employment at a company with U.S. branches.

  • How Can I get a Sponsor?

If you are a student, you can get an H-1B Sponsor by getting an internship at a company. If you are a foreign worker planning a move to the US, you should research multinational companies looking to hire from abroad.

Comparison of L-1A Visa and L1-B Visa

The L-1A and L-1B visa are both visas that allow a foreign citizen to come to the U.S. to work at their employer’s U.S. offices or to open a new U.S. office.

 

L-1A Executive or Management

This category L-1 visa specifically allows a company to send an executive or manager to the U.S. to run or start a subsidiary company of the business.  

 

L-1B Specialized Knowledge Staff

This category of L-1 visa covers employees with specialized knowledge in a company’s products, services, research, systems, proprietary techniques, management, or procedures. The L-1B visa is initially granted for three years but can be extended for a total of five.

 

L-1 Blanket Visa

This L-1 visa is a special provision for companies that frequently use the L-1 visa program and are large multinational organizations.

Under this provision, a company only needs one approval from USCIS to transfer a set number of managers, executives, and professional employees.

 

 

Difference Between L-1A Visa and L-1B Visa

Who’s Eligible

The major difference between an L-1A visa and an L-1B visa is that different types of employees are eligible for them. The L-1A is for executives and managers. The L-1B is for employees with specialized knowledge.

 

Length of Stay

Another difference between the L-1A and the L-1B is the maximum length of stay between the visas. The L-1A allows the visa holder to stay in the U.S. for a maximum of seven years. The L-1B visa allows the visa holder to stay in the U.S. for a maximum of five years.

 

Eligibility for Permanent Residency in the U.S.

L-1A visa holders may file for permanent residency and a green card in the EB1 category. The EB1 category means that the L-1A visa holder can avoid completing the Permanent Labor Certification. This can speed up the green card process so that the L-1A visa holder has their green card within a year.

L-1B visa holders may apply for permanent residency or a green card in the U.S, but they must complete the Permanent Labor Certification. This means that the L-1B visa holder’s green card application is filed under the EB2 category. This type of permanent residence application may take years to process.

 

Conversion from L-1B to L-1A

An L-1B visa holder can apply and petition to change their L-1B to an L-1A visa. The application must be approved before four-and-a-half years of the L-1B visa’s five-year maximum stay has been completed.


L-1A Visa and L-1B Visa Similarities

The many similarities between the L-1A and L-1B visas include the following:

  • L-1 Visa Dependents

The spouse and children under 21 of an L-1 visa holder may accompany them to the U.S. L-2 visa holders may apply for authorization to work in the U.S.

  • Allow for Dual Intent

Dual intent means that an L-1 visa holder can have the intent to keep his L-1 visa status while applying for permanent residency. The green card application will not jeopardize the L-1 visa holder’s status as an L-1 visa worker.

  • Approval from Department of Labor

The Department of Labor doesn’t have to approve of L-1A or L-1B workers working in the U.S. because both types of L-1 visa holders are specialized workers.

 

  • Temporary Work Visas

Both the L-1A and the L-1B visa are temporary work visas. The L-1 visas aren’t the same as the H-1B visas.

Some temporary workers are hired under H-1B visas. There are many similarities, but also many differences between the L-1 and H-1B visa programs.

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