H-1B Candidate

What is H-1B Visa? Here’s all you need to know about it.

Understanding the H-1B Visas

What is an H-1B Visa

What is H-1B Visa?

H-1B visa is a kind of work visa, employers commonly use that to hire skilled workers who are not U.S. citizens. H-1B visa is reserved for the workers hired for “specialty occupations”.

What is Speciality Occupation?

A “specialty occupation” is the type of position which requires a minimum qualification of a bachelor’s degree or its equivalent in a specific field. And the employee/worker should hold the qualification of a bachelor’s degree or its equivalent in that field or a related field to get hired for that position. Generally, the visa is for hiring skilled employees.

Speciality Occupation

Recently the United States Citizenship and Immigration Services (USCIS) decided to restrict the use of H-1B visas for entry-level IT positions and for the companies who are outsourcing H-1B holders to third-party worksites.

There are several precautions to be taken if employers file for H-1B visas for entry-level IT positions, outsourcing jobs, or occupations that don’t match SOC job codes in the Department of Labor database.

Additional evidence and extra steps should be taken to avoid denials or difficult Requests for Evidence.

Identifying an H-1B Candidate

There are some scenarios for the worker to qualify for the H-1B visa. The first one is that the position requires a professional candidate.

The employer’s job description should match the candidate’s educational background.

H-1B Candidate

If the job description clearly states the qualification needed for the job and the educational level, degree field, and any experience or special skills that are rare, and the candidate’s profile matches, the process will be easy.

If the candidate is “highly qualified” in the required field, then he/she is the right candidate.

A minimum bachelor’s degree is essential for a specialty occupation.

The candidate qualifies for the skillset requirement if they have that specific educational field or relevant experience.

A Bachelor’s degree in the specified field, a foreign equivalent or relevant work experience equivalent to a bachelor’s degree in a related field is essential for the candidate.

An advanced qualification or special qualifications in the specific field will be a plus for the H-1B visa candidate.

An advanced degree from a US institution or university in a related field is an added advantage.

The current H-1B lottery system of the country has reservations for a separate lottery of 20,000 visas for candidates with advanced degrees from a U.S. university.

The employer should provide the details of the wage system. The employer is responsible to pay the correct wage to the workers as the H-1B visa is a tool to hire highly skilled foreign workers and utilize their unique talents.

Why do we choose the H-1B Visa?

Why do we choose the H-1B Visa?

The H-1B visa is a popular visa among foreign skilled workers in the U.S. The reason is that: an H-1B visa is a dual intent visa.

The H-1B visa holder can live and work in the US while also seeking lawful permanent resident status.

H-1B visas can be used in various fields, including arts, entertainment, sciences, teaching, medicine, engineering, IT and professional services, and more.

Limitations of H1-B Visa

The H-1B also has limitations that impact the status of an H-1B employee and can impact the H-1B employer.

  • The H-1B visa comes with a “job” specific feature. The visa holder should be engaged in job duties similar to the job description provided during the H-1B application process.
  • The H-1B is “employer” specific. This means the employee should work for the entity which is listed as the “Petitioner” on the H-1B visa application filed with the USCIS. The employee can only work for the specific petitioner and cannot be outsourced and subcontracted.

The H-1B covers a specific employment location and the movement of an employee to a new location may require an amended H-1B petition prior to the move.

This applies to the employer with multiple locations, or the employees switch to work from mode, and if the employee already works from home, but relocates/moves home.

  • The H-1B is approved for a specific duration. The visa allows a limited stay of six years in the United States.
  • The H-1B is popular. There is a limited number of visas available, so the competition is higher.

We urge that you obtain legal advice from an immigration professional to assist you in dealing with your specific circumstances and ensuring a positive outcome.