Introduction
The H-1B visa is a temporary non-immigrant visa that allows U.S. employers to hire foreign skilled workers for a specific period of time. The purpose of the H-1B visa is to fill U.S. labour shortages while increasing workforce diversity. This visa category allows employers to hire “highly educated” foreign professionals to work in “specialized occupations” that require at least a bachelor’s degree or equivalent.
Importance of the H1B visa in the U.S. workforce.
- Increase your talent pool
- Diversify your workforce
- Expand your employment opportunities
- Provide opportunities for permanent residence
- Easier job transfers
- Provide access to elite opportunities
- Allow your family members to study in the US
Eligibility Criteria
Education: You must have a bachelor’s degree or higher from an accredited university in a related field. You may also qualify if you have a foreign degree equivalent to a U.S.
bachelor’s degree. If you don’t have a bachelor’s degree, you may still qualify if you have extensive work experience or specialized training equivalent to a bachelor’s degree.
Work history: You must have relevant work experience in your field. Job offer: You must have a job offer in your profession from a US employer.
Conditions of Employment Approval (LCA): Your employer must provide you with an LCA that sets out the wage that applies to your position and states that you will receive at least that wage. The LCA must also confirm that your hiring will not adversely affect current employees and that all current employees have been notified of your hiring.
Passport: You must have a valid passport that is valid for at least six months after your intended date of entry into the United States.
Application Flow
To apply for an H-1B visa, employers must meet certain criteria and complete several steps, including:
Electronic Registration: To complete the electronic registration process, employers must create an account on the USCIS website.
Labour Condition Approval (Labour Condition Approval, LCA): Employers must submit the ETA-9035 form to the Department of Labour to certify that the foreign worker meets the requirements for an H-1B visa.
Form I-129: When a foreign worker transitions from an F-1 visa to an H-1B visa, the employer must submit the I-129 form to USCIS on behalf of the worker.
H-1B Visa Application
Applicants must complete the H-1B Visa Application form, DS160, online on the Department of State website.
H-1B Visa Interview: Applicants must attend an interview at the appropriate U.S. Embassy or Consulate as instructed by USCIS. Visa Stamp: An H-1B visa is added to the applicant’s passport and allows them to work in the United States.
H1B Visa Cap and Lottery System: The H-1B visa lottery system is used to randomly select applicants to submit H-1B visa applications. Here’s how the H-1B visa cap and lottery system works:
Annual Cap: The annual cap for H-1B visas is 85,000, including 65,000 for regular visas and 20,000 for advanced degree holders.
Lottery: In the case of oversubscription, a lottery is held.
Selection: USCIS randomly selects registrants to submit applications. Notification: USCIS will notify lottery winners by March 31.
Submission: If selected, applicants can submit their applications starting April 1.
Start date: If approved, H-1B visas are issued and benefits begin October 1.
Exceptions: Some applications are exempt from the cap, including applications for employees of universities, non-profit research institutions, and government research institutes.
Nationals of Chile and Singapore: 6,800 of the regular H-1B visas are reserved for nationals of Chile and Singapore. H1B Holder Rights and Responsibilities
H-1B visa holders have several rights and responsibilities, including:
Duties : H-1B visa holders are responsible for obeying the law, paying taxes, and following the same procedures as U.S. citizens. They must also provide accurate information about their qualifications and employment status and seek only legitimate employment.
Work Permits: H-1B visa holders can only work for the employer for whom they submitted their application and must comply with the terms and conditions of employment.
Maintaining Status: H-1B visa holders must maintain their lawful status while their extension application is pending. This means they cannot exceed the expiration date of their visa or engage in unauthorized employment.
H-1B Portability:H-1B visa holders can change employers by filing a new H1B petition with USCIS. Once you submit your application, you can start working for the new employer immediately without waiting for approval.
Labour Condition Application: The Employment Condition Application (LCA) is a required document for the H-1B visa program. The LCA ensures that foreign workers have equal access to opportunities, working conditions, and compensation.
H4 Visa: The spouse and minor children of an H-1B visa holder can apply for an H4 visa and receive the same validity period as the visa holder.
Challenges and Criticisms
It is only temporary
You cannot work until your application is approved.
Your spouse or children cannot work without authorization
There is no automatic path to permanent residence
They can be replaced by U.S. workers
Also, if you are fired, you lose your H-1B status. Current Developments and Future Trends
H-1B Visa Registration Process
In January 2024, USCIS announced a final rule to improve the H-1B registration process and reduce the possibility of fraud. The system gives all beneficiaries an equal chance of being selected, regardless of the number of registrations filed on their behalf.
H-1B Visa Cap: USCIS announced the second H-1B regular cap lottery for fiscal year (FY) 2025. H-1B Visa Fees The proposed changes include a $4,000 H-1B visa extension fee.
H-1B Visa Holder Job Changes: In 2023, approximately 61% of all H-1B workers who started work for a new employer were existing H-1B workers poached from other employers in the U.S.
H-1B Visa Holder Employability: Staying current on the latest technology advancements and acquiring new skills can improve your employability and job stability. Online courses, certifications, and attending industry conferences provide valuable learning and networking opportunities.
Reference
