1. What is the purpose of the US nonimmigrant employment visa (H-1B)?

The purpose of the US nonimmigrant employment visa (H-1B) is to allow US employers to hire foreign workers in specialized occupations that require a high level of education or technical expertise. This visa allows these workers to temporarily live and work in the United States for up to six years and can be extended beyond that period in certain circumstances. The H-1B visa program helps US companies fill important positions with highly skilled workers when qualified American workers are not available.

2. Who is eligible to apply for a US nonimmigrant employment visa (H-1B)?

The following individuals are eligible to apply for a US nonimmigrant employment visa (H-1B):

1. Foreign workers who have a bachelor’s degree or higher level of education in their field of specialty.

2. Foreign workers who have the equivalent of a US bachelor’s degree through a combination of education and work experience.

3. Specialty occupation workers, such as engineers, scientists, computer programmers, and nurses, who have specialized skills and knowledge that are not readily available in the United States.

4. Individuals who have been offered a job by a US employer that requires a specialized skill or knowledge.

5. Employees of multinational companies who are being transferred to the United States to work in a branch, subsidiary, affiliate, or parent company.

6. Fashion models of distinguished merit and ability.

7. Individuals who will be employed by an institution of higher education, like universities and colleges, or a nonprofit research organization.

8. Certain individuals performing services related to cooperative research and development projects administered by the Department of Defense (DOD).

9. Individuals who have received a National Interest Waiver (NIW) from the USCIS.

10. Canadian citizens seeking admission at the border as TN professionals under provisions of NAFTA (North American Free Trade Agreement).

3. What are the requirements for an H-1B visa?

The requirements for an H-1B visa are:

1. A valid job offer from a U.S. employer in a specialty occupation
2. A bachelor’s degree or higher in the specific field of work
3. The position must require a specialized and high level of knowledge or expertise
4. The employer must pay the H-1B worker at least the prevailing wage for that position
5. There must not be enough qualified U.S. workers available to fill the position
6. The H-1B worker must have the necessary qualifications and experience for the job
7. The employer must file a Labor Condition Application (LCA) with the Department of Labor
8. The employer must also file a Form I-129, Petition for Nonimmigrant Worker, with United States Citizenship and Immigration Services (USCIS).

4. How long can I stay in the US on an H-1B visa?

The maximum period of stay on an H-1B visa is six years. However, there are exceptions to this rule:

1. If the H-1B holder is in the process of applying for a green card (permanent residence), they may be eligible to extend their stay beyond the six-year limit.

2. If the H-1B holder has spent time outside the US during their initial six-year stay, they may be eligible for an extension to make up for that time.

3. If the H-1B holder’s employer files a petition for their labor certification or I-140 immigrant petition prior to their sixth year of H-1B status, they may be eligible for an extension until a decision is made on these petitions.

4. If the H-1B holder’s employer files a new cap-subject petition on their behalf before their initial six-year stay expires, they may be eligible for an extension until a decision is made on this petition.

5. Certain countries have special diplomatic agreements with the US that allow for extended H-1B stays beyond six years.

It should also be noted that if an H-1B holder leaves the US and remains outside of the country for at least one year, they may be eligible to reset their maximum period of stay back to six years when they return on a new H-1B visa.

5. Can I bring my family members with me on an H-1B visa?

Yes, you can bring your spouse and unmarried children under the age of 21 with you on an H-1B visa. They will be eligible for an H-4 dependent visa, which allows them to live and study in the United States but does not allow them to work without obtaining their own work authorization. You will need to provide proof of your relationship to your dependents, such as marriage or birth certificates.

6. What is the process for obtaining an H-1B visa?

1. Confirm eligibility: Before beginning the application process, confirm that you are eligible for an H-1B visa. This includes having a job offer from a U.S. employer in a specialty occupation, possessing the necessary education and qualifications for the role, and meeting any other specific requirements for the H-1B program.

2. File Labor Condition Application (LCA): The first step in obtaining an H-1B visa is for your employer to file an LCA with the U.S. Department of Labor (DOL). This is a form that outlines information about your job, such as position duties, proposed salary, and location of employment.

3. File Form I-129: After receiving certification from the DOL for the LCA, your employer must file Form I-129 Petition for Nonimmigrant Worker with U.S. Citizenship and Immigration Services (USCIS). This form includes details about you as the beneficiary and your employer and its business.

4. Wait for USCIS Approval: Once USCIS receives your I-129 petition, they will review it and make a decision to approve or deny it. If approved, your employer will receive an I-797 Notice of Action.

5. Submit Visa Application: With the I-797 notice, you can then apply for a visa at a U.S. consulate or embassy in your home country or country of residence.

6. Attend Visa Interview: As part of the application process, you will need to attend an interview at the consulate or embassy where you submitted your application materials.

7. Receive Notification from Consulate/Embassy: After attending your visa interview, you will either be granted an H-1B visa stamp in your passport or receive notification that your application has been denied.

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7.Comment period Federal Register-Labor condition postings-industry related professional association

9.Travel to the U.S.: Once you have been granted an H-1B visa, you can travel to the U.S. up to 10 days before your approved start date.

10. Begin Employment in the U.S.: Finally, you can begin working for your employer in the U.S. on the start date listed on your H-1B visa.

7. How long does it take to process an H-1B visa application?

The processing time for an H-1B visa application depends on several factors, including the workload of the USCIS office, if premium processing is requested, and if any additional documentation or information is needed. Typically, the average processing time can range from a few months to several months. It is recommended to check with your employer or immigration attorney for more specific and up-to-date information on processing times.

8. Is there a cap on the number of H-1B visas issued each year?

Yes, there is a cap on the number of H-1B visas issued each year. The current annual cap for H-1B visas is 65,000, with an additional 20,000 visas reserved for individuals with advanced degrees from US universities. This annual cap is set by the US Congress and can change depending on demand and legislative updates.

9. Do I need a job offer from a US employer before applying for an H-1B visa?

Yes, you must have a job offer from a U.S. employer to apply for an H-1B visa. The H-1B visa is a nonimmigrant visa that allows U.S. companies to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise. Therefore, the job offer and sponsorship from a U.S. employer are essential for obtaining an H-1B visa. You cannot apply for an H-1B visa on your own without a job offer from a U.S. employer.

10. Can I change employers while on an H-1B visa?

Yes, you can change employers while on an H-1B visa. However, the new employer must file a new H-1B petition with USCIS and receive approval before you can begin working for them. Additionally, if your current visa is sponsored by your current employer, it will no longer be valid once you leave that job. You may need to leave the country and apply for a new H-1B visa stamp at a U.S. consulate abroad in order to begin working for your new employer. It is recommended to consult with an immigration attorney for guidance on the specific requirements and process for changing employers while on an H-1B visa.

11. Are there any restrictions on the type of work I can do on an H-1B visa?

Yes, H-1B visa holders are only allowed to work in the specific occupation and for the specific employer listed on their visa application. They are also required to work full-time and may not engage in any unauthorized employment or freelance work. Any changes in job duties or employers must be approved by the United States Citizenship and Immigration Services (USCIS) before the employee can start working.

12. How does the recent executive order impact the availability of H-1Bs?

The recent executive order temporarily suspends the issuance of new H-1B visas until December 31, 2020. This means that no new H-1B visas will be issued during this time, with the exception of those related to national security, health care professionals working to combat COVID-19, and certain individuals necessary for economic recovery. It also includes the suspension of certain H-4 dependent visas, L visas, and J visas. This order does not impact current H-1B visa holders who are inside the United States or those who have already been issued an H-1B visa stamp abroad and are able to enter the country. However, it is expected to significantly reduce the number of new H-1B workers entering the US in 2020.

13. Can I apply for permanent residence while on an H-1B visa?

Yes, you can apply for permanent residence while on an H-1B visa. However, your H-1B visa status may be affected if you leave your H-1B job or if your employer withdraws the petition. You may also need to obtain a new visa or maintain valid legal status in order to remain in the US while your permanent residence application is being processed. It is advisable to consult with an immigration attorney for guidance and assistance with the process.

14. When should I start looking for a job if I want to obtain an H-1B visa by April 2022 cap season?

You should start looking for a job at least 6-9 months before the April 2022 H-1B cap season begins. This will give you enough time to find a job, obtain all necessary documents and sponsorships from your prospective employer, and file your H-1B petition before the cap is reached. It is important to begin the process early as the H-1B visa has an annual cap and can be filled quickly.

15. Do I need to demonstrate specialized knowledge or education to qualify for an H-1B visa?

Yes, to qualify for an H-1B visa, you must have a degree or equivalent experience in a field related to the job opportunity. Additionally, your employer must show that your employment requires specialized knowledge and the specific duties of the position are complex enough that they can only be performed by someone with at least a bachelor’s degree in a related field.

16. Can my spouse work in the US while accompanying me on my H-1B status?

Yes, your spouse can apply for an employment authorization document (EAD) in order to work in the US while accompanying you on your H-1B status. Spouses of H-1B visa holders are eligible for an EAD as long as the primary H-1B holder is maintaining their valid status and is not subject to the “H-1B cap” (meaning they have already been counted towards the annual limit of H-1B visas). Your spouse’s EAD will be tied to your H-1B status, so if you lose your status or change employers, your spouse’s EAD may also be affected.

17. Is it possible to extend or renew my nonimmigrant employment visa (H-1B)?

Yes, it is possible to extend or renew an H-1B visa. The initial validity period for an H-1B visa is typically three years, with the option to extend for a maximum total stay of six years. After the sixth year, extensions may be granted in one-year increments if the applicant is the beneficiary of an approved immigrant petition and is unable to adjust status due to per-country visa restrictions. Some exceptions also exist for individuals working on Department of Defense projects.

To apply for an extension or renewal, your employer must file a petition with U.S. Citizenship and Immigration Services (USCIS) before your current H-1B expires. In certain situations such as job changes or changes in location, a new Labor Condition Application (LCA) may need to be obtained from the Department of Labor before filing the petition.

It is important to note that even if you have already reached the six-year limit on your H-1B visa, you may still be eligible for a one-year extension if your adjustment of status application has been pending for more than 365 days.

18. Can I change employers while on an H-1B visa?
Yes, it is possible to change employers while on an H-1B visa. However, you will need to obtain a new Labor Condition Application (LCA) from the Department of Labor and file a new H-1B petition with USCIS before starting work with your new employer.

In some cases, it may be possible to begin working for the new employer immediately upon filing the petition with USCIS under “portability” provisions, but this should be done carefully and with guidance from an experienced immigration attorney. Otherwise, it is safest to wait until USCIS approves your new H-1B petition before changing employers.

19. Can my spouse and children accompany me on an H-1B visa?
Yes, your spouse and unmarried children under the age of 21 may accompany you to the United States on an H-4 nonimmigrant visa. They will be eligible to study in the United States, but they will not be authorized to work unless they obtain their own work authorization. However, certain H-4 spouses are now eligible for work authorization under certain circumstances due to changes implemented by USCIS in 2015.

Additionally, if your spouse or children wish to remain in the U.S. after you have reached the six-year maximum stay on your H-1B visa, they may be able to switch to another nonimmigrant status or apply for a green card based on a different employment category.

20. Can I apply for permanent residence (green card) while on an H-1B visa?
Yes, it is possible to apply for permanent residence (green card) while on an H-1B visa. Many individuals who come to the U.S. on an H-1B visa eventually apply for a green card through their employer-sponsored job. This process typically involves three steps:

First, your employer must obtain labor certification from the Department of Labor confirming that there are no qualified American workers available for the position.
Secondly, your employer must file Form I-140, Immigrant Petition for Alien Worker with USCIS.
Thirdly, once your I-140 is approved and a visa number becomes available according to priority date and per country restrictions (if applicable), you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS.

It is important to note that this process can take several years and may face retrogression issues due to limited availability of employment-based immigrant visas each fiscal year. Additionally, certain individuals who hold advanced degrees or have extraordinary ability may be able to skip the first step and directly proceed with filing Form I-140 as part of a National Interest Waiver petition.

Overall, navigating the immigration system can be complex and it is recommended to seek the guidance of an experienced immigration attorney.

18. Do I have to return to my home country after my H-1B expires?

No, you do not have to return to your home country after your H-1B expires. You have the option to extend your stay in the United States or change to a different visa status if you are eligible. However, if you leave the United States after your H-1B expires, you will need to apply for a new H-1B visa before returning to work in the United States.

19. Are there any limitations on travel outside of the US while on an H-1B visa?

Yes, there are some limitations on traveling outside of the US while on an H-1B visa. These include:

1. Validity of the visa: The H-1B visa is valid only for entering and exiting the US. If your visa has expired or if you have used all your entries, you will need to apply for a new visa before re-entering the US.

2. Valid passport: Your passport must be valid for at least six months beyond your intended period of stay in the US.

3. Advanced Parole: If you are in the process of adjusting your status to permanent resident (green card holder), you will need to obtain an Advance Parole document before leaving the US. Otherwise, your adjustment of status application may be deemed abandoned.

4. Approval notice: You should have a copy of your H-1B approval notice with you when traveling outside of the US, as it serves as proof that you have been authorized to work in the US.

5. Multiple entry visas: While H-1B visas are typically issued as multiple entry visas, there may be situations where they are issued as single entry visas. In such cases, if you leave the US after your initial entry, you may not be allowed to re-enter without obtaining a new visa.

6. Visa stamping: If your visa has expired or if you changed employers while in the US, you will need to get a new H-1B visa stamped in your passport before re-entering the US.

7. Consular processing: If you choose to travel outside of the US while concurrently filing for a change of status or extension of stay with USCIS, your application will be considered abandoned and will not be processed until after you return to the US with a new valid visa.

It is always advisable to consult with an immigration attorney before making any travel plans while on an H-1B visa.

20.Apart from full-time positions, can I also work part-time on an H-1B visa?

Yes, you can work part-time on an H-1B visa. However, your employer must have a valid H-1B petition for part-time employment and must agree to pay you the same rate as other employees in similar positions working full-time. Additionally, your role must still meet the specialty occupation requirements and the number of hours worked each day should be consistent with what is considered part-time for that particular position or industry.