All you need to know about The H-1B Visa Program

The H-1B visa program enables companies and other employers in the United States to temporarily hire /employ foreign workers in employment that compels the theoretical and practical application of a body of highly specialized proficiency and a bachelor’s degree or higher in the particular specialty, or it’s equivalent. H-1B visa specialty employment may comprise careers such as architecture, mathematics, engineering, physical sciences, medicine, social sciences, and health, education, business specialties, law, accounting, theology, and the arts. For extra info and detail about the H-1B program, you can visit the official H-1B Specialty Occupations webpage.

Must-know information about H-1B

  • How USCIS specifies if an H-1B Petition Is Subject to the Cap

The government body USCIS utilizes the information contributed during the electronic registration procedure to enable them to specify if a petition is liable to the congressionally required cap of 65,000 H-1B visas, typically known as the “regular cap” or the advanced degree exemption. This is an exemption from the H-1B cap for beneficiaries who have received a U.S. master’s degree or higher and is attainable until the number of beneficiaries who are exempt on this footing exceeds 20,000.

Congress set the new annual regular cap for the H-1B division at 65,000. Not all H-1B nonimmigrant visas are captive to this annual cap. Please remark that up to 6,800 visas are set aside from the 65,000 each fiscal year for the H-1B1 program under the terms of the legislation enforcing the U.S.-Chile and U.S.-Singapore free trade treaties. Unused visas in this faction come to be available for H-1B usage for the next fiscal year.

The H-1B employees accomplishing labor or assistance in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may also be exempt from the H-1B cap. H-1B employees in Guam and the CNMI are exempt from the H-1B cap if their employers categorize the petition before Dec. 31, 2029. Employers cannot log a petition or an expansion request for a worker more than six months before the planned employment start date.

  • When to File an H-1B Cap-Subject Petition

H-1B cap-subject petitions, comprising those competent for the advanced degree exemption, may not be stored unless established on a valid and selected registration for the beneficiary named in the petition. You may log an H-1B petition no more than six months before the job start date petitioned for the beneficiary. The particular filing period and filing locale for your petition will be found on your H-1B Registration Selection Notice.

  • How to Assur You Properly File Your H-1B Cap-Subject Petition

Finished all required sections of Form I-129, Petition for a Nonimmigrant Worker, comprising the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement by the legislation and form pedagogy. You can get at the H Classification Supplement starting on page 13 of Form I-129 and the H-1B Data Collection and Filing Fee Exemption Supplement starting on page 19 (as given on the mentioned official website). The Updated versions of forms are available at uscis.gov/forms.

Assure that any data delivered during the electronic registration procedure fits the data delivered on the petition. If any data does not conform to, you should clarify with your petition and aiding documentation as to why there was a difference or why the data does not fit. If data on the registration and petition does not fit, USCIS may dismiss or reject the petition. USCIS motivates the usage of a brightly colored cover sheet flagging the topic as a good means to assure that this is evaluated upon receipt.

  • Make certain each form has an original signature, willingly in black ink. Ensure all signatures are acknowledged with Policy Memorandum PM-602-0134.1: Signatures on Paper Applications, Requests, Petitions and Other Documents Filed with U.S. Citizenship and Immigration Services.
  • Contain signed checks or money orders with the appropriate fee amount. Kindly submit distinct checks for each fee related to the filing. Place all checks on the top of your petition parcel.
  • Fulfil all required documentation and proof with the petition at the time of filing to assure timely processing.
  • Confirm that the Labor Condition Application (LCA) appropriately harmonizes to the position in your petition.                                                                                                                                                                        
  • You must log the petition with the appropriate USCIS service centre.

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