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Millions of people aspire to secure H-1B, one of the most coveted work visas in the world, which gives them a chance to change their lives. However, the process of obtaining this visa is filled with ambition, challenges, and most of all, sacrifice. Understanding the H-1B visa journey and the opportunities and trials it presents is crucial before making a decision. Alina Kats helps you overcome all hurdles in your path to the United States. As a best immigration attorney in New York City, she offers personalized services, keeps you posted about the changing laws and ensures timely approval.
The purpose of the H-1B visa is to allow skilled workers to enter the US without undermining the salaries and workplace conditions of the US workers. The H-1B visa programs play a significant role in the US economy, enabling American businesses to hire highly skilled foreign workers in specialized occupations.
The journey to securing an H-1B visa is as much about personal growth as it is about professional development. However, along with great opportunities, the process also presents numerous challenges, putting an individual’s resilience and adaptability to test.
The H-1B visa is a non-immigrant visa that allows US companies to temporarily employ skilled foreign workers in specialty occupations. These occupations typically require theoretical or technical expertise and include fields like IT, engineering, finance, and healthcare.
Employers must sponsor prospective employees and file the necessary petitions with US Citizenship and Immigration Services (USCIS), demonstrating that their skills are not readily available within the local workforce. The foreign worker must possess a bachelor’s degree or equivalent in a specific field or enough work experience that could equate to a degree.
An experienced Brooklyn attorneys can help an employer present a case for swift approval of the H-1B status application to the USCIS. While an attorney cannot guarantee the success of an H-1B application or attain an H-1B for an unqualified person, they may be able to determine whether or not your position and credentials would qualify for an H-1B.
Read on to learn more about the H-1B visa, the eligibility requirements for the application process, and what personal and professional challenges you may face if you decide to come to the US for better work opportunities.
To initiate the H-1B visa process, both the employer and the foreign worker must fulfil specific requirements as set by the government.
For the employers:
The employer must file an LCA with the US Department of Labor and certify that:
An employer has to sponsor the foreign worker and file Form I-129, Petition for a Non-immigrant Worker, with USCIS. They should also complete the H-1B electronic registration process if needed.
Due to high demand, the H-1B program operates under a lottery system. Presently, only 65,000 visas are issued annually, excluding 20,000 for applicants with advanced US degrees. Sometimes, even highly qualified candidates fail to secure the visa due to sheer probability.
When selected, the USCIS processes the application. Successful applicants go through an interview at a US consulate in their home country.
A valid employer-employee relationship is crucial in this regard. The employer has the right to control the employee’s work.
Research shows that a more diverse workforce increases innovation and global competition which can bring more success to businesses. Hiring multiple foreign workers enables companies to make their way to non-English speaking market.
An employee must possess a bachelor’s degree or higher or its equivalent into a specific field directly related to the position. If the degree is from a foreign institution, it may need evaluation to determine its equivalency to a US degree.
The first step in obtaining an H-1B visa is securing a job offer from a US-based employer willing to sponsor the visa. It can be a daunting task, especially for individuals living abroad, as employers often hesitate due to costs and uncertainties of sponsorship.
Having a legitimate job offer from a US employer for a specialty occupation is a must for this visa.
The employee may be required to demonstrate relevant work experience in the field, depending on the specific occupation and degree.
If the occupation requires a license to practice in the state of intended employment, the employee must generally acquire that license so the visa petition can be approved.
H-1B visas are valid for up to three years, but they can be renewed for an additional three years, which means six years of work authorization. H1B visa holders are eligible to change employers if they meet certain requirements. H-1B is a dual intent visa, which means the beneficiaries may also pursue permanent immigration status while on a temporary visa.
Related article: What Is “Benching” for H-1B and L-1 Visa Holders?
H-1B visas are employer-sponsored. This means that the employer will apply for the H-1B lottery, submit the petition, and pay the visa fee on behalf of the international worker they are sponsoring. Employers go through all this effort because there are numerous benefits for them as well as for the visa holders.
Benefits for employers:
The H-1B visa journey is a great way for skilled workers looking for a chance to enter the US work market and the immigration system, as well as employers seeking to hire the best talent.
The amount of time from filing the case to receiving a receipt of approval depends on several factors.
They may include:
The processing time can take anywhere from less than two months to as long as nine months and even more. In addition to this, regardless of the approval date, beneficiaries are not eligible to work until the October 1st after the lottery.
Employers can help H-1B professionals by providing clear communication about the H-1B visa process, offering opportunities for career development, advocating their needs within the company, ensuring they are paid the right wages and assisting with relocation and cultural adjustment challenges.
Treating foreign workers as valued employees while actively supporting their long term immigration goals can go a long way as they adjust to the new environment.
Key ways employers can support H-1B visa holders:
Foreign workers need to adapt to a new culture and support network, especially if they bring their families. A little extra support gives them a chance to adjust better and makes it all worth it.
Encouraging employees to involve in team building activities and other social activities is the first step to making foreign workers feel a part of the team. At times, social events, that also involve family members, are a good way to create a collaborative culture.
It is important to ensure the H-1B employees are offered similar opportunities for growth, compensation and benefits as other employees.
Aspiring immigrants must be ready to face emotional as well as professional challenges and sacrifices they may have to make along the way as they embark on their pursuit of the American dream.
As a foreign worker, you must not forget the following:
Despite the struggles and sacrifices, the H-1B visa is a path for transformative experience and brighter futures in the land of opportunity.
Related article: Understand Immigration Changes Under the New Administration
If you are still debating whether the H-1B visa is right for you, learning the benefits of this visa and how they align with your professional goals will help you determine whether a sponsorship can help you grow. This visa can be a great opportunity for employers, employees, and even their families, but the process is not easy. Call Kats Immigration Law today for the best legal guidance and representation on all visa-related matters. Alina Kats and her team recognize the importance and complexity of the immigration process. They provide customized services based on your specific circumstances to ensure the best outcomes for both parties.