Every year, thousands of qualified foreign nationals aim to get an H1B visa. The H1B visa allows employers in the US to hire foreign talent to work and live in the country. If you wish to avail the option for your career, you must have a valid offer from a US-based employer, who must agree to pay you the prevailing wage. Understandably, the immigration process is overwhelming, and there are several aspects to consider, including deadlines. Instead of taking chances, consider asking an Addison H1-B visa attorney for help. In this post, we are sharing critical details about this visa that every applicant and employer should know.
- The cap on H1B visas: Only 85,000 H1B visas are issued each year, of which 20,000 is reserved for those with advanced degrees. The 65,000 H1B visas are issued for the next fiscal year, starting October 1.
- There are exemptions to the cap: Not everyone is subjected to the abovementioned cap. Examples of exemptions include H1B transfers, a change of company, and foreign nationals counted in the limit in a previous year.
- There are stringent eligibility requirements: The applicant must have a bachelor’s degree or equivalent to qualify for an H1B visa, and it is important that the qualifications should match the job offered to them.
- The US employer is required to petition for an H1B employee: The size of the company is irrelevant as long as they have a valid EIN. Smaller companies, however, may have to establish specific facts, although it is not necessary to generate a certain kind of revenue.
- Validity: The H1B visa is valid for three years and can be extended for another three years. In other words, you cannot work indefinitely in the US on an H1B visa. Please note that the 6-year visa term doesn’t get extended if you change employers in between.
- Breaking the myth: Contrary to what many people assume, employers are not required to show that they had advertised for the H-1B position or prove that a domestic worker wasn’t available for the position.
Finally, you don’t have any grace time if you are laid off. You can either apply for a different visa, file a petition to transfer your H-1B Visa to a new employer, or leave the country. Confused? Consider talking to an immigration expert to know more details. They can also help with the complex paperwork that can be confusing to employers and applicants alike.
