Five H-1B Visa Myths Debunked by US Immigration Attorneys
US immigration attorneys are busy in the spring as the H-1B filing period opens on April 1st.
In preparation for the fiscal year filing period, we put together a list of the most common myths and misconceptions circulating about the H-1B foreign worker visa.
US Immigration Attorneys: H-1B Mythbusters Myth #1: You can file an H-1B visa petition at any time during the year.
The federal fiscal year starts October 1st.
You can file starting April 1st of the previous federal fiscal year for an October 1st start date.
The visa cap is expected to fill extremely quickly this year, by one USCIS estimation, it may be hit in the first week.
There are, however, three exceptions to this filing rule:
Myth #2: A university degree automatically qualifies you for an H-1B visa.
Although a university degree is required for an H-1B visa, it is not an automatic qualification.
Your educational background must match the job offered to you.
If you are unsure as to whether or not you qualify for this visa category, US immigration attorneys can help.
Typically, degrees must be the equivalent of a US bachelor's degree or higher in the specialty occupation that you are applying for.
Myth #3: Only large employers may sponsor H-1B visas.
Any size employer may sponsor H-1B visas.
The employer must be able to demonstrate a need for the position and must pay the prevailing wage.
The employer must also file a Labor Condition Application (LCA) along with Form I-129, and the size of the company is not relevant.
Many employers work with US immigration attorneys to complete the necessary paperwork and ensure compliance with applicable laws.
Myth #4: You can start working as soon as the H-1B petition is filed.
It depends on the circumstances.
An employee transferring between H-1B employers may start work immediately.
Change in status candidates must wait until the H-1B petition is approved.
It is very important to wait until the appropriate time to start work, or you risk jeopardizing the terms of your visa.
Myth #5: You have to return to your home country after your H-1B expires.
The H-1B is a dual intent visa, which means US immigration attorneys can help you pursue a permanent green card while you are working in the United States as an H-1B temporary visa holder.
Although permanent residency is not a guarantee, it is a possibility if you follow the proper channels and meet the criteria.
In preparation for the fiscal year filing period, we put together a list of the most common myths and misconceptions circulating about the H-1B foreign worker visa.
US Immigration Attorneys: H-1B Mythbusters Myth #1: You can file an H-1B visa petition at any time during the year.
The federal fiscal year starts October 1st.
You can file starting April 1st of the previous federal fiscal year for an October 1st start date.
The visa cap is expected to fill extremely quickly this year, by one USCIS estimation, it may be hit in the first week.
There are, however, three exceptions to this filing rule:
- H-1B holder transfers from one employer to another
- H-1B visa extension
- If the employer is exempt from the cap
Myth #2: A university degree automatically qualifies you for an H-1B visa.
Although a university degree is required for an H-1B visa, it is not an automatic qualification.
Your educational background must match the job offered to you.
If you are unsure as to whether or not you qualify for this visa category, US immigration attorneys can help.
Typically, degrees must be the equivalent of a US bachelor's degree or higher in the specialty occupation that you are applying for.
Myth #3: Only large employers may sponsor H-1B visas.
Any size employer may sponsor H-1B visas.
The employer must be able to demonstrate a need for the position and must pay the prevailing wage.
The employer must also file a Labor Condition Application (LCA) along with Form I-129, and the size of the company is not relevant.
Many employers work with US immigration attorneys to complete the necessary paperwork and ensure compliance with applicable laws.
Myth #4: You can start working as soon as the H-1B petition is filed.
It depends on the circumstances.
An employee transferring between H-1B employers may start work immediately.
Change in status candidates must wait until the H-1B petition is approved.
It is very important to wait until the appropriate time to start work, or you risk jeopardizing the terms of your visa.
Myth #5: You have to return to your home country after your H-1B expires.
The H-1B is a dual intent visa, which means US immigration attorneys can help you pursue a permanent green card while you are working in the United States as an H-1B temporary visa holder.
Although permanent residency is not a guarantee, it is a possibility if you follow the proper channels and meet the criteria.
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