Top 10 Things to Know About the H-1B Visa

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The H-1B visa is for skilled workers from other countries to work in the United States. These workers must have special skills and a bachelor’s degree or higher. It lets them work in jobs that need these skills, usually in fields where there's a shortage of qualified workers in the U.S.

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Purpose

The H-1B visa helps skilled workers from other countries work in the United States.

These workers must have special knowledge and at least a bachelor’s degree.

The visa lets them work temporarily in jobs that need this special knowledge.

It's for jobs that need skills that aren't easy to find in the U.S. workforce.

It's a way for companies to hire talent from around the world.

Eligibility Criteria

To get an H-1B visa, you need a job offer from a U.S. company for a special job that needs special skills.

You also need to have at least a bachelor’s degree or similar experience.

The company must agree to hire you and follow certain rules.

If you meet these requirements, you can apply for the visa to work in the U.S. temporarily.

EC is important, it doesn’t matter you want to migrate to Canada from Qatar or US.

Annual Cap

Every year, there's a limit on how many H-1B visas the U.S. gives out. It's like a cap.

Right now, they allow 85,000 visas yearly, with 20,000 set aside for people with a master's degree or higher from the U.S.

This means only a certain number of people can get these visas each year, and once they're gone, no more visas are given until the next year.

Application Process

Employers must file a petition on behalf of the prospective employee.

To get an H-1B visa, the employer needs to apply for you.

They fill out forms, gather documents, and pay fees to the U.S. government.

This is called a petition. The employer sends this to the U.S.

Citizenship and Immigration Services (USCIS). They decide if you can get the visa or not.

If approved, you can work in the U.S. for that employer in a specialty job.

Duration

H-1B visas usually last for three years at first.

But if needed, they can be extended for another three years.

Sometimes, if you're applying for a green card, which lets you live in the U.S. permanently, you can get extensions beyond six years.

This is helpful for people who want to keep working in the U.S.

Labor Condition Application (LCA)

Before hiring a foreign worker with an H-1B visa, employers must get approval from the Department of Labor (DOL).

They do this by filling out a Labor Condition Application (LCA).

This document says the employer will pay the worker a fair wage for the job.

Dependents

H-1B visa holders can bring their spouses and unmarried children under 21 years old to the U.S. on H-4 visas.

These family members can come on H-4 visas.

But, they can't work in the U.S. unless they get their own work visa.

H-4 visa holders can stay in the U.S. as long as the main H-1B visa holder has legal status.

They can also study in the U.S. if they want.

Employment Flexibility

H-1B visa holders can work for the petitioning employer at the specified worksite(s) listed on the approved petition.

However, changing employers requires the new employer to file a new H-1B petition, unless the visa holder is transferring from one H-1B employer to another.

If they want to change jobs, their new employer has to apply for a new visa for them.

But if they're just moving from one job to another with an H-1B visa, they don't need a new visa.

Dual Intent

H-1B visa holders can aim for a green card without losing their visa status.

It means they can work in the U.S. temporarily while also applying for permanent residency.

Unlike some visas, which don't allow this, H-1B lets you do both.

If you're on an H-1B visa and want to stay in the U.S. permanently, you can start the green card process without worrying about losing your visa.

Potential Path to Permanent Residency

Many people with H-1B visas want to stay in the U.S. permanently.

They can apply for a green card, which lets them live and work in the U.S. forever.

Getting a green card usually involves a process where their employer sponsors them or they apply on their own.

It includes steps like proving there's no American who can do their job and going through interviews with immigration officials.

The employer or the visa holder can initiate the green card process, which typically involves labor certification, a petition, and adjustment of status or consular processing.

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