H-1B VISA: THE POPULAR CHOICE
The H1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in "specialty occupations" that require theoretical or technical expertise in specialized fields such as in architecture, engineering, mathematics, science, and medicine. Under the H-1B visa, a company can employ a foreign worker for up to six years. Applying for a non-immigrant visa is generally quicker than applying for a U.S. Green Card, therefore the H-1B visa is popular for companies wishing to bring in staff for long-term assignment in the United States. The H-1B visa is initially granted for up to three years, but may then be extended to a maximum of six years. Even though the H-1B visa is a non-immigrant visa, it is one of the few visa categories recognized as dual intent, meaning the H-1B visa holder can apply for and obtain a U.S. Green Card while on an H-1B visa. H-1B visa holders can bring their spouse and children under 21 years of age to the United States under the H-4 visa category as dependents. An H-4 visa holder is allowed to remain in the U.S. as long as the H-1B visa holder remains in legal status. H1B visas are subject to annual numerical limits known as the H-1B visa cap count. Current immigration law allows for a total of 85,000 new H-1B visas to be made available each fiscal year. This number includes 65,000 new H-1B visas issued for overseas workers in professional or specialty occupation positions, and an additional 20,000 visas available for those with an advanced degree from a US academic institution.
2016: TOP H-1B STATES, SPONSORS, AND INDUSTRIES
TOP H-1B STATESCALIFORNIA
TEXAS NEW YORK NEW JERSEY PENNSYLVANIA ILLINOIS WASHINGTON MASSACHUSETTS GEORGIA VIRGINIA |
TOP H-1B VISA SPONSORSIBM INIDA PRIVATE LTD
WIPRO LTD INFOSYS LTD COGNIZANT TECH SOLUTIONS CORP TATA CONSULTANCY SERVICES LTD ACCENTURE LLP MICROSOFT CORP DELOITTE CONSULTING LLP ERNST AND YOUNG US LLP IBM CORP |
TOP H-1B VISA INDUSTRIESComputer Systems Related Svcs
Management, Scientific, & Tech Consulting Colleges, Universities, & Professional Schools Architectural, Engineering Services Software Publishers Accounting, Tax Prep, Payroll Services Scientific R&D Services Financial institute Medical & Surgical Hospitals Semiconductor Manufacturing |
ELIGIBILITY
The H1-B visa is designed to be used for staff in specialty occupations. The job must meet one of the following criteria to qualify as a specialty occupation:
- Have a minimum entry requirement of a Bachelor's or higher degree or its equivalent.
- The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.
- The employer normally requires a degree or its equivalent for the position.
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.
- Have completed a bachelor's or higher degree required by the specific specialty occupation from an accredited college or university.
- Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation.
- Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.
- Have education, training, or experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
FAQ (Frequently Asked Questions)
When should i start planning for h-1b visa 2017? what are the steps?
It depends on your situation. Below are few scenarios:
- If you are a student on F1 Visa in USA, you need to plan for your internship/ CPT or OPT employment at a company that can sponsor your H-1B Visa for FY 2017.
- If you are in other country and planning for H-1B, you should have already started your process in a year ahead of time for guaranteeing enough time to find sponsors, search for job, etc.
- If you are on H4, L1 or other visa in USA and planning for H-1B for FY 2017, you also should consider looking around immediately if you haven’t already.
what is the h-1b visa quota cap count? will there be any changes to the h-1b 2017 count?
H-1B Visa quota cap count is the total number of petitions that USCIS will accept for a fiscal year to provide temporary work permit for highly skilled workers. For the 2017 fiscal year, the cap count is as below :
- Regular H-1B Quota : 65,000
- H-1B Masters Degree Quota ( only US Degrees) : 20,000
- Out of the above, a total of 6,800 is usually set aside for Singapore and Chile citizens as part of the free trade agreement between them.
will there be a lottery again for h-1b visa 2017? any predictions?
There was a lottery for FY 2015 and FY 2014. The total number of petitions filed for FY 14 were about 125,000 and for FY 2015, there were about 172,500 petitions. As H-1B Quota did not increase for FY 2017, and the demand does not seem to decrease, we would very likely have a lottery for FY 2017.
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What are my options?Although researching your options and finding the right kind of immigration help can be difficult, it doesn't have to be. At Heller Immigration Law Group, we are skilled in preparing petitions encompassing a wide variety of industries and occupations. We take particular pride in our track record, assisting companies and individuals throughout the Silicon Valley and Greater San Francisco Bay Areas. Our attorneys are available to consult with both employers and employees to discuss their options and responsibilities. Just tell us about your situation or case, and let us do the work for you!
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