H1B Visa USA H1B Companies Sponsor H1B for F1 OPT Students
What is H1B visa
The H-1B nonimmigrant classification is a U.S. occupation-base temporary worker program run by the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS). The purpose of the H-1B program is to allow companies to hire foreign nationals working in specialty occupations who may require a higher level of skill than would otherwise be expected based on their job duties. know more about H1B Visa USA H1B Companies Sponsor H1B for F1 OPT Students.
H-1B is a nonimmigrant work visa. It permits aliens outside the U.S. to enter and work temporarily in the United States. An employer may hire any alien applying for a work visa if he/she possesses specialty knowledge or skills not easily obtainable locally. H-1B visas are issuing on a yearly basis.
The H-1B Visa is a nonimmigrant work visa that permits U.S. employers to employ foreign workers in specialty occupations. That require theoretical or technical expertise in fields like science, engineering, computer programming, mathematical modeling, architecture, medicine, nursing, business management, finance, etc. These visas are issue based on petitions filed by U.S. companies on behalf of their F-1 (foreign) employees seeking to allow them to enter the United States temporarily to carry out specific temporary employment at American companies, either full time or part time.
H1B Visa USA H1B Companies Sponsor H1B for F1 OPT Students | H-1B visa process in 2022
1. Visa Process
The H-1B visa process was established in 1990. These visas allow companies to attract highly skilled individuals who work in specialty occupations. A company applying for these permits must first prove their need for the workers they seek. After proving this need, they then apply for a permit and pay a fee. Once approved, the applicant receives a temporary visa. There are two types of H-1B visas; the initial petition and the extension petition.
2. Initial Petition
An initial petition is granted if the employer can show a shortage of qualified U.S. labor and the worker’s special skills can help fill that void. If the employer meets both requirements, he/she gets a three year renewable visa at a cost of $340 per employee. To qualify for an initial petition, the company must have been in business for at least two years and employed at least 10 people in each of those two years. The number of employees required depends on several factors including the nature of the business, its location, etc.
3. Extension Petitions
If an individual’s employment ends or his/her original visa expires before the end of the three year period, s/he may receive an extension until October 1st of the following year. Extension petitions require employers to meet the same qualifications as initial petitions. However, the worker does not need to have specialized skills. Instead, they need only demonstrate that their job will be filled by someone who already holds an H-1B visa. The average length of time for an extension is six months, although some workers get extensions as long as five years. Workers in this category cannot transfer existing visa numbers to the extended term.H1B Visa USA H1B Companies Sponsor H1B for F1 OPT Students
Who can apply for H1B visa in USA?
Generally, any person who meets the following requirements can apply for H-1B visa: (a) a graduate of an American university; (b) holds a degree of Bachelor’s, Master’s, Doctorate and professional degree recognized by the US government; (c) possesses at least 2 years postgraduate education. In addition, a holder of a master’s degree or higher in computer science, engineering, architecture, mathematics, physical sciences, life sciences, veterinary medicine, dental surgery, optometry, pharmacy, social services, law, medicine, theology, accounting, business administration, nursing, medical laboratory technology, physical therapy, psychology, library science, information management, public administration, journalism, paralegal studies or other specialized knowledge areas, and who is willing to return home after working in the USA, can also qualify for H-1B. A candidate should have a valid passport, proof of legal employment authorization in his/her country of origin, and a letter from the employer confirming his/her position.
How many applications are accepted each year?
According to USCIS, about 85,000 skilled foreign workers were granted permanent residency and 15,000 temporary residence cards every year. About 60,000 people applied for H-1B visas each year. The number of applicants varies from year to year based on the demand for the visa.
Is there any minimum wage requirement?
No, employers need not pay a specified amount of money to their employees before they can employ them under H-1B program. However, they have to pay a prevailing wage rate to the employees once they start working. Employers who violate the labor laws may face serious consequences including fines, imprisonment, deportation, and even denial of future visas.
Are there any limitations on the duration of stay?
The term of the H-1B program is generally three years. But extensions are possible depending upon the circumstances of the applicant and the nature of his/her job. According to the rules of the Department of Homeland Security, an extension can be obtained only after the first two years of the H-1Bs tenure.
How much does it cost?
An application costs $340 per applicant. If approved, it costs $400 to file an I-129 petition and $1,200 to get the card. On average, it takes 3 months to process each application. Companies using the H-1B visa program tend to spend between $10k and $15k per person, depending on how many hours they are hired for. Other costs include documentation fees, attorney’s commission, translation charges, etc.
How many H-1B visas are issue per year?
According to U.S. Citizenship and Immigration Services (USCIS), the Department of Homeland Security agency responsible for adjudicating the annual cap of 85,000 H-1B visas, between April 1, 2018 and March 31, 2019, approximately 20,000 H-1Bs were awarded each month. Assuming that the same number of visas would be allotted in the following two years, we estimate that about 130,000 H-1Vs would have been allocated over the next three years.
Can I apply for H-1B visa twice if my first application was reject?
No. USCIS does not accept any subsequent H-1B applications once the applicant’s initial petition has been denied. A rejection of a previously submitted H-1B petition will prevent further submission of petitions for 180 days thereafter.
Do I need a sponsor while applying for H-1B job?
Yes. You need to get a letter of recommendation from your company stating that they wish to hire you, and that you will be working in a specialty occupation. Your employer cannot pay the filing fee. If your employer pays the filing fee, then they become known as “sponsors” and you will no longer qualify for the H-1B program.
What is the difference between an LCA and G-325A?
An LCAs are generally verify the qualifications of an individual. Who wishes to obtain an exemption under 8 CFR § 274 a.12 (b)(1). An LCA is a request to making by a sponsoring employer to the Department of Labor regarding a specified exempt position for which a particular person may qualify for an exemption from the prevailing wage requirements of section 6 of the Act. In contrast, a G-325A is a document that is generally use by an employee to establish eligibility for H-1B classification. The G-325A is generally complete by an employee and then send to his or her prospective employer.
How to get an H-1B visa in USA
First step – find a good attorney
You need a lawyer who knows immigration law inside out. You cannot do this yourself. I know people who have tried that approach and they got completely stuck. Googling will not work here. Find someone who specializes in immigration law. Many attorneys specialize in this area. Make sure that he/she does not charge any upfront fees or consultation fee before filing your petition. If you pay him/her early then they may try to make money off your case. Be wary of lawyers who ask for payment upfront.
Second step – submit your application
After you find a good attorney, then go ahead and talk to him about what documents you need. He should be able to give you some advice and tell you where to send them. Remember to use certified mail!
Third step – prepare everything
Make sure that you have all the required materials ready before sending them to the US consulate. These materials include:
a) Passport copies;
b) Birth certificate;
c) Marriage certificate if you married after getting your green card;
d) Social security cards;
e) Proof of funds (if you’ve paid anything);
f) Bank statements;
g) Income tax forms for the last two years;
h) Lease agreement;
H1B Visa USA H1B Companies Sponsor H1B for F1 OPT Students
1. Registering for H-1B Visa Program
The U.S. government issues H-1B visas annually to highly skilled workers who wish to work temporarily in the United States. To seek employment under the program, the worker files a petition with USCIS explaining his/her qualifications and how those skills will benefit US businesses. If approved, the beneficiary then receives an I-129 certificate confirming eligibility to apply for an H-1B visa. After receiving an approval notice, the applicant should contact a trusted immigration law firm to prepare the necessary forms and documents needed for filing. Immigration attorneys will help clients understand the requirements and assist them with preparing their application. Once the visa is approve, the beneficiary may start working immediately. H1B Visa USA H1B Companies Sponsor H1B for F1 OPT Students
2. Obtaining Green Card
After working for at least three years in the country legally, the beneficiary may file for permanent residency status and eventually obtain a green card. Upon obtaining the green card, the holder may file for citizenship after five years of continuous residence.
3. Preparing for H-1B Interview
Applicants are invited to attend an interview with a designated officer at a U.S. embassy or consulate. The meeting involves both an oral test on knowledge of American and English language as well as a two-part written exam. Applicants who pass both parts are eligible to receive the visa. Those who fail either part of the test might need to resubmit the application.
4. Filing Taxes
In order to qualify for the H-1B visa, the employee must pay income taxes on wages earned while employed by the employer sponsoring the visa. Employers must withhold federal income tax before paying the employee’s salary. Employees must provide proof of payment to IRS upon submitting their tax returns. Employer-provided payroll information includes W-2 Forms issued by employers detailing employees’ earnings.
5. Getting Approval Notice
Upon completing all the above requirements, the applicant will be notified whether he/she is eligible for the H-1b visa. In some cases, applicants may have to wait for further review. While waiting, they can still begin working under the program.
6. Applying for Work Permits
Employees not sponsored by an employer must apply for employment authorization documents (EAD) and employment authorization cards (I-765 card). The documents allow beneficiaries to remain in the United States legally while seeking sponsorship. If the individual does not find employment after six months, she/he must leave the country. EAD applications require a sponsor, and these individuals may be sent to any embassy or consulate worldwide. The applicant should visit the website of the U.S. Department of State for guidance on applying for work permits.
H1B Visa USA H1B Companies Sponsor H1B for F1 OPT Students
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