Who issues h1b visa

This approved petition is a work permit which allows you to obtain a visa stamp and work in the U. The H1B visa is issued for a specialty occupation , requires theoretical and practical application of a body of specialized knowledge and requires the visa holder to have at least a Bachelors degree or its equivalent. What are the qualifications required to petition for a H1B visa?

The tables below gives an accurate breakup:. Limit of H1B visa Total stay is limited to 6 years. Initial approval is for 3 years, which can be extended in an increment of up to 3 years. H1B- Re-Stamping A new stamping can be done at any American consulate in any other country, other than your home country provided the applicant has received the H1B extension approval.

Multiple Employers H1B visa holders may work for more than one U. Traditionally, these are rarely issued. Travel H1B visa can be a multiple entry visa, which allows a person to travel in and out of USA for any number of times, within the specified visa validity period. Work H1B aliens may only work for the petitioning U. Working for an employer that hasnt sponsored the H1B visa petition is considered illegal.

There is no issue as long as alien is associated with the employer. Family Status The spouse and unmarried children under the age of 21 of H1B professionals are allowed to stay in the United States under a dependent category called the H4 visa for the same duration as the H1B status. He has to apply for a change of status through the Form I Cap-subject H-1B visa petitions have to be filed in the first five days of April to compete for the 65, available visas.

Once USCIS fills the 65, cap-subject slots, another 20, visa petitions are selected in a lottery designated for the graduates of U. The selection period often lasts through the middle of summer. We have even seen notice of selection received after the October 1st start date. If you have relevant work experience in you speciality field, you may qualify with equivalent experience. No, the visa itself is strictly limited to the initial 3 years plus possible 3-year extension. However you may be able to stay longer if you apply for permanent residency Green Card while holding an H-1B visa.

But, it is important you apply for the Green Card by the end of year 2 of your extension. To qualify for the H1B, you typically need minimum four years of study on a degree course. If you have completed more than one degree, it may be possible to combine the time spent on multiple degree-level courses. You may also use a combination of university study plus progressive work experience.

This is simply the process of assessing to what extent education or work experience gained outside the United States is equivalent to similar experience in the US. Foreign education may be evaluated by evaluators outside the US, but work experience gained in other countries must be supported with documentation. It would adversely effect our tech, medical, science, higher education ad many others.

US companies require the best and brightest to compete. We have massive numbers of jobs in the tech and other industries that can not find enough talented workers in the STEM fields.

Jobs and companies would leave the US for more welcoming nations. International students will also drastically drop in numbers impacting US colleges and universities. Yes, attending an interview is not considered work and not in violation of the F-2 or other visas that do not permit unauthorized work. If you are offered a position.

You may change your status to an H-1B subject to its filing procedures. You can port your H-1B if you are still working on the original H-1B, however if you left the first job went to another position and the previous H-1B has expired, you may have broken the chain. I would need more information, please feel free to contact us directly to better address your situation.

Determining the prevailing wage is one of the most common areas where an application can be held up. An O1 visa may be an option if you meet at least three of the following conditions:.

In order to protect the interest of US citizens and residents, the H-1B requires a Labor Condition Application LCA which is set in place to ensure equal opportunity, pay, and working conditions for foreign workers and US citizens and residents.

Essentially, this is a requirement that the employer formally informed their employees and the public in writing that the LCA is being filed. The notice of posting can come in two forms — a hard copy notice or an electronic notice. Then, they must post it in two conspicuous places in the work area where the beneficiary would be working. An electronic notice should be given on or within 30 days before the labor certification is filed.

It should be made available for viewing by affected employees for at least 10 days. Rules for the notice of posting vary slightly depending on if there is a bargaining representative or not.

According to the Code of Federal Regulation, if there is not a bargaining representative, the notice should include:. If there is collective bargaining representative for the occupational classification in which the beneficiary will be employed, the notice should pinpoint:.

In addition to posting the labor certification, the employer must develop and maintain documentation to support the statements made in the notice of posting.

The Code of Federal Regulation States that the employer should retain records for one year beyond the period which the H-1B nonimmigrant was employed under the labor condition application or, if no beneficiary was employed, one year after the date the LCA expired.

Moreover, the documentation must be made available for public and Department of Labor examination upon request. FYI: Effective Sept. The first major hurdle for H-1B visa holders came in the form of Policy Memorandum issued on October 23, The new memorandum rescinded previous guidance, issued April 23, , that gave deference to prior determinations of eligibility for H-1B visa holders filing for extensions that involved the same parties and underlying facts as the initial petition.

In other words, USCIS introduced a series of policies with more stringent standards to apply to previously approved petitions. The second complication to H-1B petitions is wage levels. Specifically, entry-level positions that require a university degree, but no experience are typically classified under level 1 wage.

USCIS has argued that the job duties paying level 1 wages are not complex enough to qualify as specialized but too complex to be considered entry-level because they involve the exercise of judgment and thus require oversight from a wage level 3 supervisor. Quite the predicament. This brings us to the problem of singular degrees and specialization.

The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties. For instance, to fill a computer programmer position an applicant does not necessarily require a computer science degree to carry out tasks.

Instead, a person with a mathematics or information technology degree can adequately fulfil such job responsibilities. If the work is performed off-site, then the method and frequency of supervision are analyzed.

USCIS further evaluates the employer-employee relationship in a myriad of ways, most common are: who pays the H-1B worker, sets their hours, directs their daily tasks, is in charge of hiring and firing, provides benefits and claims the worker for tax purposes. To combat such intrusive investigation by USCIS, project management software that indicates oversight and services provided by all constituents should be used.

Furthermore, submitting an itinerary or any and all documentation demonstrating the employer-employee relationship with specific job duties that is signed by all parties can help increase the chances of success. Obtaining H-1B transfer approval to switch jobs without premium processing, which is suspended until mid-February, will be an extremely SLOW process.

Exploring H-1B visa alternatives could be a solution to avoid long wait times. Restricting H-1B visa issuance has a number of negative impacts on our economy. Statistically every H-1B visa creates almost two jobs for Americans on average. In smaller companies it can create almost 7 jobs per each H-1B.

Reducing H-1Bs reduces jobs for Americans at almost double a rate. Makjng these high skilled visas tougher to obtain for American companies forces jobs and companies to leave America. It also has caused foreign nation students to lose interest in attending US Universities.

Other countries like Canada and India are already enjoying increase migration of American companies and foreign nationals to bolster their economy especially in the tech industry. The Department simultaneously submitted a Notice for publication in the Federal Register announcing and requesting public comments on this interpretation.

On January 20, , the Department withdrew its Notice from the Office of the Federal Register prior to its publication, and is now withdrawing the Bulletin and FAB for the purpose of considering the process for issuing this interpretation as well as reviewing related issues of law, fact, and policy.

Accordingly, the requirements of the Bulletin and FAB are no longer in effect. The Department will notify the public of any further actions as appropriate once it completes its review.

H-1B Program.