All Things Newz
Law \ Legal

What Is The H-1B Visa? – Work Visas



To print this article, all you need is to be registered or login on Mondaq.com.

The H-1B visa is designated for individuals working in a
specialty occupation, which is defined as the position requiring at
least a bachelor’s degree in a specific or related field (or
its equivalent) and that the foreign national being sponsored has
at least a bachelor’s degree in that specific or related field
(or its equivalent).

Examples of Specialty Occupations:

  • Biotechnology

  • Education

  • Engineering

  • Computer Sciences

  • Management

  • Medicine

  • Many more

H-1B Requirements

The position requiring at least a bachelor’s degree in a
specific or related field (or its equivalent).

In addition, individuals must have completed a bachelor’s
degree or its equivalent in a field of study related to the
position. If the individual obtained the degree overseas, or it is
not a four-year bachelor’s degree, an education evaluation must
be completed to verify that through education or experience the
individual has the equivalent of a bachelor’s degree.

Additionally, the salary for the position must meet minimum
prevailing wage requirements.

H-1B Initial Period of Stay

The initial period of stay for an H-1B visa holder in the U.S.
is typically three years.

H-1B Renewal

After the initial period of stay, the employer may file a
renewal or extension for the H-1B employee. This should extend the
stay by up to three more years. H-1B visa holders may stay in the
U.S. for six years in H-1B nonimmigrant status.

H-1B holders who have completed select portions of the green
card application process may be able to extend their status beyond
the six-year max-out date.

H-1B and Green Card

We recommend that you speak to your attorney if the temporary
nature of the assignment changes.

H-1B Petition and Filing Fees

As of June 2020, these are the current H-1B fees:

  • Petition filing fee: $460 – $2,640

  • Premium Processing: Employers can choose to pay the $2,500 premium processing
    fee
    when available. USCIS will then adjudicate the
    H-1B petition—meaning they are required to approve, issue a
    request for evidence or deny the petition—within 15 calendar
    days.

The H-1B Lottery

Most first-time H-1B petitions are subject to the annual visa
lottery. Annually, the government issues 85,000 total visas. This
number is broken down into two groups: 20,000 visas are reserved
for H-1B beneficiaries with master’s degrees and 65,000 are for
everyone else.

The lottery used to be held annually every April. However, USCIS
has implemented new changes. In late 2019, USCIS announced it would
implement its brand-new H-1B Electronic
Registration System
for the FY 2021 H-1B lottery.

This system involves major changes, starting first with
employers having to electronically register and pay an associated $10 registration
fee
. Employers need to electronically register for
advanced degrees as well.

Under this new registration process, employers submit basic
information about their organization and each requested worker.
USCIS will then open an initial registration period of
March 1 – March 20
. USCIS will then notify
petitioners who were selected. At this point, USCIS provides
detailed instructions to complete the registration process,
including key dates and timelines.

Before the start of the FY 2020 H-1B cap season, USCIS
changed the order it selects H-1B cap
petitions. Now, USCIS selects registrations for the regular cap
first, then it will select registrations for the master’s
cap.

H-1B Cap Exemption

The sponsored position must be one of the following in order to
qualify for an exemption from the H-1B cap lottery:

  • Institutions of higher education

  • Non-profit research organizations

  • Government research organizations

  • Primary or secondary education institutions

  • Non-profit entities that engage in established
    curriculum-related clinical training

Additional examples where cap exemption applies include
petitions for changes of employer, an extension with the same
employer, amendment petitions with no request for extension and
corrections of a previously approved H-1B of service errors. These
situations typically arise when the H-1B nonimmigrant has already
received H-1B nonimmigrant status through the cap lottery
process.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

POPULAR ARTICLES ON: Immigration from United States

August 2022 Global Immigration Alert

Seyfarth Shaw LLP

Please note: while we address some country-specific updates related to the COVID-19 outbreak, the below contains information regarding global restrictions and closures as they stand today.



Source link

Related posts

OFSI Publishes Updated Enforcement And Penalty Guidance – Financial Services

Horace Hayward

Podcast: Latinx|Hispanic Heritage Month: Conversation With Lola Velazquez-Aguilu, Medtronic – Diversity, Equity & Inclusion

Horace Hayward

Hong Kong proposed tax concession for Family Offices –

Horace Hayward