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Rate Story. Font Size Abc Small. Abc Medium. Abc Large. Agencies Online filing is not available for H-1B petitions. Petitioners filing H-1B petitions must do so by paper and must include a printed copy of the applicable registration selection notice with the FY H-1B cap-subject petition.
The US will begin from August 2 accepting fresh petitions for H-1B visas those registrations that were accepted early this week using a random selection process to meet the H-1B cap for fiscal year In June, the US immigration agency received over , applications during the initial registration period for the coveted H-1B work permit in , a It had selected 87, applicants for the high technology work permit during the year.
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Your Reason has been Reported to the admin. A bachelor's degree or higher in a related area is the minimum educational level required for a position to qualify for H-1B status, and the H-1B employee must have this degree or higher. Not necessarily. The job itself must require a bachelor's degree or higher in a specialized field. You must then have that degree to qualify for H-1B status.
It may be particularly difficult to get H-1B status for certain types of jobs. Positions in sales can be difficult if they do not require special training.
Some positions in the computer industry, especially computer programming, can be difficult because the minimum requirements for some computer-related jobs are not always well established. An attorney can advise you as to the applicability of an H-1B for a particular job. Yes, the employer hiring an H-1B worker, must have documentation to prove, and then must certify to the U. Department of Labor DOL that it will pay the H-1B employee the prevailing wage or the actual wage, whichever is higher.
The actual wage is the wage that the employer pays employees in similar occupations at the location of the intended employment. The employer must also certify that it is not displacing any U. The cap refers to the limit of H-1B visas allowed per federal fiscal year FY. A fiscal year begins on October 1st and ends on September 30th of the following year.
Current regulations set the cap at 65, H-1B visas for the entire country. Universities and related nonprofit entities, nonprofit research organizations and government research organizations are exempt from the cap.
These employers are able to submit an H-1B application to the USCIS at any time during the year without concern for the fiscal year limit. However, a person who works for an H-1B cap-exempt employer who changes jobs to an employer that is not exempt may become subject to the H-1B cap. There is also an exemption from the annual cap for the first 20, new H-1B beneficiaries who have earned a Master's degree or higher from a U. For employers who are subject to the cap and because the cap may be reached early every year , it is best to submit the H-1B application in April for the start of the new fiscal year on October 1 when the new batch of 65, H-1B visas become available.
It is important for an employer to understand that the H 1B is employer-sponsored, which means that they are responsible for submitting the petition to the USCIS. As a prospective employee, you may want to consult with an immigration attorney about a particular position before your job interview to prepare for any questions the employer may have about your work eligibility.
However, most F-1 or J-1 students will find it advantageous to obtain Practical Training or Academic Training to begin working as soon as they are offered the job since cap subject employment may not start until October 1st, and since H-1B employment may not be possible due to the cap. Department of State. If this two-year requirement does not apply, you are eligible for H-1B status if you meet other eligibility requirements.
If you are uncertain as to whether this requirement applies to you, consult with a BIO Adviser. Yes, it is possible for an employer to apply for the H-1B on your behalf while you are residing outside of the U. Once approved, you would obtain the H-1B visa stamp at an U. An H-1B approval is employer-specific.
It permits an H-1B status holder to work only for the employer that filed the petition. If you decide to change employers, the new employer must apply for the H-1B on your behalf. Consult with an immigration attorney if you are planning to terminate your employment or learn that your employment is being terminated. The H-1B is also position-specific.
Therefore, if your H 1B employer wishes to significantly change your job duties or other conditions of employment after securing approval of your H-1B petition, the employer is required to submit an amended petition to the USCIS.
An immigration attorney can advise you about the eligibility requirements for these immigration categories. However, an attorney cannot guarantee success of an H-1B application nor can an attorney obtain an H-1B for an unqualified person.
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