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Learn about the very popular H1B work visa and determine how you can obtain one in order to work in the United States as a high skilled professional. In the fiscal years from 2016 - 2019, an average of over 350,000 H1B visa were approved by the US Department of Homeland Security (USCIS). Would you like to receive one of these H1B visas?
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#H1BSecrets
The H1B visa is a popular temporary work visa for skilled workers coming to the US and is given to individuals who wish to work in a specialty occupation.
Obtaining an H1B visa requires that you must have an offer of employment in a specialty occupation from a US employer and must have a bachelor’s degree or higher in the field of the specialty occupation. This bachelor's degree or higher degree MUST be equivalent to a US bachelor’s degree or higher degree.
The US Department of Labor has oversight of the allotment of US employment to foreign workers. And requires that US employers must require a degree or its equivalent for this position and must pay wages to the H1b worker that are at least equal to those paid by the employer to other workers with similar experience and qualifications to the job in question.
Here are some stats, in the year 2019, about 388,000 H1b petitions were approved, for which the median salary for these petitions was $98,000. India, People’s Republic of China, and Canada represented the top 3 countries with the greatest number of H1B workers, where India took the share of over 70% of the H1B pie.
H1B visas are numerically limited every fiscal year, which begin on October 1st of every calendar year and ends on September 30th of the next calendar year. This number has remained at a total of 85,000, including 20,000 for individuals who have received advanced degrees from US universities and colleges). This limitation of 85,000 H1B visas is termed the H1B Cap.
Nevertheless, not all H1B petitions are limited. US Congress makes an exception for some H1B petitions from non-profit organizations, governmental-research organizations, and institutions of higher education to go uncapped. This explains why the number of initial employment H1B visas in the reported data which USCIS publishes each year is greater than 85,000.
Obtaining a H1B visa is a 3-step process. First, a US employer obtains an LCA (Labor Condition Application) from the US Department of Labor, where the US employer agrees to comply with certain labor requirements. Second the employer files an I-129 Petition for An Alien Worker with the United States Citizenship and Immigration Services (USCIS).
Once approved, a foreign national living outside the US must then apply for an H1B visa to seek entry into the US. In the case that the foreign national is lawfully present in the US on a non-immigrant status, they can change their status into the H1B status with USCIS.
Foreign nationals may hold a H1B status for a maximum period of 6 years, given in 3-year increments. But you must be gainfully employed during the entire 6-year period. Although, in some circumstances, an alien on the H1B status may extend their period of stay in the US past 6 years, if they are the beneficiaries of a pending employment based green card petition with USCIS.
Non-immigrant entering the US on an H1B visa can bring their dependent spouse and children along to the US on an H4 visa.
-- Related Resources --
USCIS Website on H1B Class: [ Ссылка ]
US Department of Labor Website on H1B Labor Condition: [ Ссылка ]
2019 Fiscal Year H1B Statistics: [ Ссылка ]
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DISCLAIMER: This video and content is designed for general information only and is NOT legal advice. The information presented in this video should not be construed to be formal legal advice. If you need legal advice, you may contact a licensed attorney.
