Is it Worth Immigrating to the U.S. on an H-1B Visa?

  International Graduates and Students: The H-1B Visa Opportunity

  Advertisement

International graduates and students eager to remain in the United States, work, and contribute to the economy often opt for the H-1B visa. This visa offers significant advantages to holders, their spouses, and employers. However, competition is fierce due to the annual cap on H-1B visas, with successful applicants permitted to work in the U.S. for up to six years. Under certain conditions, the visa can also serve as a pathway to permanent residency. If you are considering applying for an H-1B visa or sponsoring someone, keep reading to maximize its benefits.

  What is an H-1B Visa?

The H-1B visa is a non-immigrant visa that permits U.S. companies to hire foreign workers with specialized skills for a specific period. Typically, this visa requires a bachelor's degree or equivalent qualifications. Eligible professions include technology, finance, engineering, architecture, and medicine. This dual-intent visa allows holders to apply for permanent residency while working, and it also permits them to bring their spouses and children to the U.S. on derivative visas.

  H-1B Visa Cap

The number of H-1B visas available each fiscal year is limited to 65,000. However, the first 20,000 petitions from applicants with a master's degree or higher are exempt from this cap. Additionally, H-1B visa applicants working at non-profit research organizations affiliated with institutes of higher education, or those at government research organizations, are also exempt from the cap.

  The H-1B Visa Process

Before starting work in the U.S. under the H-1B visa, you may need to register with U.S. Citizenship and Immigration Services (U.S.C.I.S.) and be selected to apply.

Once selected, your employer will initiate the process by filing a petition on your behalf. This involves submitting a Labor Condition Application (L.C.A.) to the Department of Labor (D.O.L.) for certification, ensuring that your employment conditions will not negatively affect other workers and that your salary is comparable to others in similar roles.

Your employer must also complete Form I-129, Petition for a Non-Immigrant Worker, and submit the L.C.A. and Form I-129 to U.S.C.I.S., along with any required fees and supporting documentation. This documentation may include proof of your education, training certificates, a resume, a confirmation letter of employment, and a letter of support.

If Form I-129 is approved, and you are already in the U.S., you must wait for your H-1B visa status to become active before starting work. If you are outside the U.S., you will need to undergo consular processing by completing Form DS-160, paying the application fee, and scheduling an interview at a U.S. embassy or consulate. During the interview, you will need to present:

- A valid passport, valid for at least six months after your planned entry date.

- A printed confirmation page of Form DS-160.

- A copy of Form I-797 approval and your approved I-129 petition.

- Proof of payment of application fees.

- A passport-sized photo meeting U.S. State Department guidelines.

  Benefits of the H-1B Visa for Employers

-   Increases Talent Pool: U.S. industries facing labor shortages, such as health services and hospitality, benefit from the H-1B visa program, which helps fill these gaps with skilled workers from around the world.

-   Diversifies Workforce: A diverse workforce can enhance innovation and global competitiveness. Employing bilingual staff also opens up new markets.

  Benefits for H-1B Visa Holders

-   Six Years of Work Authorization: The H-1B visa is initially granted for three years, with the possibility of a three-year extension.

-   Guaranteed Prevailing Wages: H-1B holders receive a salary that meets or exceeds the average pay for similar domestic roles.

-   Flexibility to Change Jobs: H-1B holders can switch employers by having the new employer file an H-1B Change of Employer petition, allowing them to start a new job without waiting for approval.

-   Dual Intent Status: The H-1B visa allows holders to apply for a green card while on a temporary visa, providing a clear path to permanent residency.

-   Potential for Extension Beyond Six Years: H-1B holders with an approved Form I-140 may extend their visa while waiting to file for a green card, which is particularly beneficial for individuals from countries with long green card wait times, like China or India.

  Benefits for H-1B Visa Holder’s Spouse and Dependents

H-1B visa holders can also bring their immediate family members to the U.S. on H-4 visas, which offer the following advantages:

- Spouses do not need additional authorization to attend college or university.

- Unmarried children under 21 do not need a student visa to attend school.

- Spouses can apply for work authorization using Form I-765. Qualified spouses can work for any U.S. employer after receiving their Employment Authorization Document (E.A.D.).

   Conclusion

If you are considering whether to immigrate to the U.S. on an H-1B visa, weigh the benefits discussed and how they align with your professional aspirations. The H-1B visa offers advantages to employers, employees, and their families, though securing one can be challenging due to the high demand and the lottery system.

  Frequently Asked Questions

1.   Can I travel outside the U.S. on an H-1B visa?

   Yes, you can travel internationally as long as your H-1B visa remains valid. You may need to provide proof of your employment and visa status at the border.

2.   When can I start filing my H-1B visa application?

   If subject to the cap, you must register online first. Being selected in the lottery allows you to apply for the visa for the upcoming fiscal year. You can apply for your passport up to six months before your visa start date.

3.   Can I extend my H-1B visa?

   Yes, your H-1B visa can be extended for up to three additional years after the initial three-year period. Your employer must file Form I-129 again along with any necessary supporting documents and fees.

4.   Can I transition from an H-1B visa to a green card?

   Yes, the H-1B visa is a dual-intent visa, allowing you to apply for a green card while on the H-1B visa.

5.   Who can sponsor the H-1B visa?

   Any U.S.-based employer with an I.R.S. Tax ID Number can sponsor the H-1B visa.

6.   Can I apply for an H-1B visa if I don’t have a job offer?

   No, the H-1B visa requires a job offer, as it is employment-based and necessitates your employer to file the necessary forms on your behalf.