When To Apply For H1b Visa 2016 – America has been and continues to be a leader in innovation for the past several decades. Many of these American companies need talent with specialized skills to innovate. Talent with these specific skills can often be difficult to find in the US. To address this talent shortage, the US immigration system offers many temporary work visas. As part of nonimmigrant temporary work visa options, the most popular visa type for specialized occupations is the H1B visa.
Getting an H1B visa is not easy. Due to the high demand for this visa type, USCIS has been conducting the H1B lottery for the past 9 years. You can check the history of H1B Cap achievement dates from 2000 to 2022 to get an idea of the demand. In this article, we have covered what you need to know about H1B visa, its requirements, how to get it, fees, what is the H1B LCA process, steps with USCIS, US visa sealing steps, H4 related visas, latest news and more we will look into everything. many other frequently asked questions. We will continue to update this article with new updates.
When To Apply For H1b Visa 2016
Before we go through the step-by-step guide to applying for an H1B visa, let’s go over the basics of the H1B visa, such as what it entails, requirements, fees, lottery process, etc.
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The H1B visa is a nonimmigrant visa category that allows a foreign national to work in a specific occupation in the United States. The H1B visa program was created as part of the Immigration Act of 1990 to hire highly skilled foreign workers by US employers on a temporary basis. To work on an H1B visa, a foreign worker must have specialized knowledge and skills and work in a specialized occupation in the United States.
The H1B visa is also used to hire foreign nationals to perform specialized services related to a US Department of Defense research and development cooperation project. It is also used to hire someone as a fashion model who has great talent or ability. In fact, the former first lady, Melania Trump, worked under the fashion model option on the H1B Visa.
If a US company sponsors an H1B visa to work in the US, they will bear all the fees, paperwork, costs to apply for the H1B visa and work with USCIS to approve the necessary H1B petition. Once the H1B petition is approved, they assist the petitioner in obtaining an H1B visa stamp at the US consulate, which allows the petitioner to enter the US on an H1B visa to work for them.
To qualify for an H1B visa, an applicant must meet all of the requirements set forth by Congress in the H1B program. Below are the requirements:
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The H1B visa program has an annual cap set by the US Congress. The annual limit on how many H1B visas can be issued is called the H1B Visa Cap. The US Congress has set the H1B cap at 85,000 per year. The annual limit is further divided into quota as regular quota and graduate quota. Below are the details of Ordinary and Masters Quota.
Quota limits are very important in the case of H1B Lottery, where a person with a US master’s degree has a higher chance of being selected, because they are part of both the money during the lottery and the order also matters. For more information on quota limits and restrictions, read: Complete Guide to H1B Quota – Regular and Masters
When people talk about H1B, they are primarily talking about H1B rebate applications where there is a cap set by the US Congress. However, there is an exception that was established as part of the rules that provide additional rules for universities and non-profit research organizations to hire H1B workers without any numerical limit set by the US Congress. H1B petitions filed under this exception are referred to as H1B petitions not subject to the 85,000-year limit.
Universities, non-profit research organizations, and other public research organizations do not have any H1B visa restrictions and can file an H1B petition for an applicant at any time of the year. These petitions do not have to go through any lottery.
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The only catch is that you cannot transfer to an H1B facility that is exempt from the H1B cap. That is, you cannot transfer your H1B filed through a university to a regular corporate company to avoid the lottery process.
The initial period for approval of an H1B visa petition is usually up to 3 years by USCIS. The actual amount of approval time depends on the duration of the H1B Labor Condition Application (LCA). After 3 years, the H1B can be extended for another 3 years by filing an extension application with USCIS. Generally, the acceptable period for H1B is 6 years.
In order for the H1B visa clock to reset and to be eligible for another H1B extension over the H1B quota limit, you must leave the US and spend one year outside the country. In order to stay in the US after 6 years on an H1B visa, one of the common options that most people use during the 6-year period is to apply for an employment-based green card and get the I-140 approved as part of the green card process. Before the expiry of 6 years. If your I-140 is approved, you can extend your H1B until you get a green card and remain in the country under AC 21 regulations.
H1B visa validity period of 3 years does not mean that you can remain unemployed in the country. You can get a job with an H1B sponsor company and get paid on time, pay taxes, etc. You must maintain H1B Visa legal status through If for any reason the company that sponsored your H1B is fired, you have a grace period of 60 days. leave another job or country. In addition, if you have to leave the country, the company must cover all expenses related to your departure.
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When USCIS receives more applications than the annual limit of 85,000, they use a random selection process to select the required annual limit of 85,000. This random selection process is popularly known as the H1B visa lottery.
As part of the H1B lottery selection process, USCIS first selects 65,000 applications from a pool of submitted applications, which include regular and US master’s quota applications, to meet the usual quota threshold. After that, unselected Master’s quota applications are drawn from the first round and a second lottery/random selection process is conducted to select 20,000 applications to meet the US Masters quota limit.
The lottery system gives someone with US Masters an extra chance of selection as they are entered into the lottery twice. What is the H1B visa lottery, what has USCIS done in the past?
Previously, USCIS required anyone applying for an H1B visa to submit a complete application package on April 1. They took all the packets and used the basic information from the petition to do the H1B lottery as mentioned above. However, starting in 2020, to reduce the burden on employers and USCIS, they introduced the H1B e-registration process.
H1b Application Process: Step By Step Guide
As part of the e-enrollment process, employers are no longer required to submit an H1B package to USCIS, but rather, they must complete basic applicant information in the USCIS H1B Online Enrollment System. USCIS opens a registration period of two to three weeks in March each year for employers to register H1B applicants. After the registration deadline, USCIS conducts an H1B lottery or random selection of submitted H1B registrations.
Also, USCIS will retain unselected enrollments until the end of the fiscal year, when necessary, to conduct the next round of the lottery. For FY 2021, USCIS conducted a second round lottery using the enrollment list. For more details, read the complete guide to the H1B Registration Process
An employer applying for an H1B on behalf of the applicant must pay all H1B visa fees (except the visa stamping fee), including attorney’s fees. Below are the different fees and costs of the same.
Generally, the H1B fee can vary from $1,710 USD to $7,910 USD + Attorney Fee + US Visa Stamping Fee. For complete information, read H1B Visa Fee – How Much? Who pays for what?
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There are several steps involved in working in the US on an H1B visa, from finding a company that can sponsor you on an H1B visa to getting your passport stamped with an H1B visa to enter the US.
Below are the different stages of working in the US on an H1B visa. All the steps below are explained in detail in How to Apply for an H1B Visa to Work in the US – Lottery for StampingF Foreign workers fill an important need in the US labor market, particularly in the fields of science, technology, electronic engineering and mathematics. (STEM) fields. Every year, American employers looking for highly qualified foreign professionals compete for the pool
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