H1-B Visas

Thứ Tư, 23 Tháng Ba 201609:52(Xem: 8923)
H1-B Visas

During the first week of April, over 100,000 hopeful job seekers will send their H1-B applications to USCIS. CIS will return the forms and fees to more than 40,000 of these applicants.

H1-B Visas are for foreign professionals interested in entering the United States on a work visa. With such a limited number of H1-B visas available, it’s necessary to have the employers begin the application process as early as possible.

The current H1-B quota is 65,000 visas in the Regular category and an additional 20,000 visas for graduates of master’s degree programs in the US. The job offered must be a “specialty occupation” requiring at least a bachelor’s degree. Examples of qualified positions are engineers, professors, researchers, medical, accountants, attorneys, and architects, and computer systems analysts. The H1-B visa is initially granted for up to three years, but may then be extended to a maximum of six years.

To start the process, the employer has to determine the average wage paid to U.S. employees in the similar fields. The foreign professional must receive at least that prevailing wage. The employer must also show that by hiring the foreign professional, this will not affect U.S.working conditions in similar fields. After these two steps, the employer then files an I-129 petition with CIS to get the H1-B visa for the applicant.

US employers can begin applying for the H1-B visa six months before the actual start date of the visa. Employers can apply as soon as April 1, 2016 for the FY 2017 cap, but the beneficiary cannot start work until October 1, 2016, which is the start of the government fiscal year for 2017.

Current immigration law allows for a total of 85,000 new H1-B visas to be made available each government fiscal year. This number includes 65,000 new H1-B visas issued for overseas workers in professional or specialty occupation positions. An additional 20,000 visas is available for those with an advanced degree from a US academic institution. Once the visa cap has been reached, USCIS will stop accepting H1-B petitions for FY 2017 and will not accept new applications until April 2017.

Even though the H1-B visa is a non-immigrant visa, it is one of the few US visa categories recognized as dual intent, meaning the H1-B visa holder can apply for and obtain a US Green Card while in the US on an H1-B visa. If you are still in the US on an H1-B visa and wish to remain in the US for more than six years, you can apply for permanent residency in the US to receive a Green Card. If you do not gain permanent residency prior to the expiration of your H1-B visa, then you must live outside the US for at least one year before reapplying for another H or L visa.

H1-B visa holders can bring their spouse and children under 21 years of age to the US under the H4 Visa category as dependents. An H4 Visa holder is allowed to remain in the US as long as the H1-B visa holder remains in legal status. An H4 visa holder can apply for employment authorization, can attend school, can obtain a driver's license and can open a bank account while in the US.

Q.1 What is the difference between the Prevailing Wage and the Actual wage?
A.1. The prevailing wage is determined by the State Employment Security Agency. The actual wage is what is paid to other workers in the same positions with the same level of experience. The employer is required to pay the higher of the two.
Q.2. Are H1-B workers eligible for fringe benefits?
A.2. Recently, Congress determined that employers must offer H1B visa holders the same benefits as their other workers. This includes health, life, medical, retirement, stock options and bonuses.
Q.3. How long does it usually take CIS to process H1-B petitions?
A.3. With Regular processing it could take a few months. Employment cannot begin until USCIS approves and has issued the H1-B Visa. After CIS approves the application, the H1-B visa beneficiary then applies for personal and family visas at the Consulate.

ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru

9070 Bolsa Ave., Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Rang Mi - 47 Phung Khac Khoan, Q1, HCMC (848) 3914-7638

Thứ Tư, 01 Tháng Bảy 2015(Xem: 5996)
Who will benefit with the Supreme Court Ruling on Same-Sex Marriage?
Thứ Tư, 17 Tháng Sáu 2015(Xem: 8878)
As a battered spouse, you may apply for your Green Card under the Violence Against Women Act (VAWA). The VAWA provisions allow certain spouses of U.S.
Thứ Tư, 10 Tháng Sáu 2015(Xem: 6492)
The U.S. Immigration and Customs Enforcement (ICE) has announced a rule that will now make it possible for dependents of F-1 students to study in the United States on a limited basis.
Thứ Ba, 26 Tháng Năm 2015(Xem: 6388)
The US-Vietnamese Adoption Program was resumed last year. There were three important aspects to this new program, now called the Special Adoption Program:
Thứ Năm, 21 Tháng Năm 2015(Xem: 7900)
The White House has announced that President Obama has done all that he can to change immigration policy through executive action.
Thứ Năm, 14 Tháng Năm 2015(Xem: 24150)
More than 4.4 million people are on the legal immigrant visa waiting list according to the State Department.
Thứ Tư, 06 Tháng Năm 2015(Xem: 6808)
For Vietnamese immigrants, there are two basic categories that offer a Green Card: Family sponsored immigrants and Employment based immigrants.
Thứ Tư, 29 Tháng Tư 2015(Xem: 6417)
Last year, the news reports said that Vietnam — a communist nation that shows little regard for basic human rights — has become the first Southeast Asian country to lift its ban on same-sex marriage.
Thứ Tư, 22 Tháng Tư 2015(Xem: 7016)
The injunction that is holding up the start of the New DACA and the DAPA was not lifted at the appeals court hearing on 17 April.
Thứ Tư, 15 Tháng Tư 2015(Xem: 6434)
Last week, Democratic legislative leaders proposed a package of bills that would greatly expand protections for California’s 1.8 million illegal immigrants. This is far beyond what's offered by any other state.