Other relevant evidence of exceptional expertise that does not fit any of the above criteria. Furthermore, submitting an itinerary or any and all documentation demonstrating the employer-employee relationship with specific job duties that is signed by all parties can help increase the chances of success. Make sure you have a seasoned law professional with high approval success in your corner. The LCA (Labor Condition Application) is a document filed with the Department of Labor that takes between 7 to 10 days to process. To qualify for the H1B, you typically need minimum four years of study on a degree course. Rules for the notice of posting vary slightly depending on if there is a bargaining representative or not. Step 3: Employees/Attorneys pay the respective fees in line with the quantity of registration filed, Step 4: In case more H1B registrations are received than the requisite B1B cap quota during registration, random lottery/selection is conducted by the USCIS to select the required cap quantity of petitions, Step 5: USCIS notifies employers/attorneys about applicants they’ve selected in the H1B registration process/lottery. Effective Sept. 11, 2018, USCIS officers are no longer required to issue a Request For Evidence (RFE) or a Notice of Intent to Deny (NOID) and may outright deny an application, petition or request for even minor clerical mistakes. H1B Visa; Current USCIS processing times of H1B Visa Petitions for 2020. To qualify for the H-1B visa category, the prospective H-1B employee must hold a U.S. bachelor's or higher degree, or the equivalent. The implication for an H1-B visa holder seeking an extension is this: dot your i’s and cross your t’s. 4 major issues with H-1B visas that can trigger an RFE, 1. The US technology sector, involving US-based Indian firms, depends heavily on the H1B scheme for hiring thousands of workers annually. If a person has access to sufficient funds, they may consider applying for the EB-5 “Investor Green Card”, however note that the investment must be the applicant’s own money and may not be borrowed. Jobs and companies would leave the US for more welcoming nations. The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. Have verifiable and recognized education, experience, or training in the specialty that is equivalent to the completion of a bachelors degree or higher. Under the new rule, for … We recommend you speak to one of our attorneys for advice on the cap. the number of H-1B nonimmigrants the employer is seeking to employ; the occupational classification in which the H-1B nonimmigrants will be employed; and the location(s) at which the H-1B nonimmigrants will be employed. US companies require the best and brightest to compete. An O1 visa may be an option if you meet at least three of the following conditions: In order to protect the interest of US citizens and residents, the H-1B requires a Labor Condition Application (LCA) which is set in place to ensure equal opportunity, pay, and working conditions for foreign workers and US citizens and residents. These changes are fuelled by the numerous executive orders on Buy American, Hire American, which has all brought more scrutiny to H1B petitions or applications, and activities of H1B employers. On January 11th, 2020, the United States Citizenship and Immigration Services released some set of the latest news regarding the H1B Visa category for the 2021 season. Because of the limited number of visas issued, there is a specific window for applications, which usually starts on April 1st for the fiscal year starting October 1st of the following year. If the work is performed off-site, then the method and frequency of supervision are analyzed. Yes, in principle, however you may need to have your credentials evaluated by an approved organization. › Indian IT’s H-1B visa woes could worsen in 2020. It should be made available for viewing by affected employees for at least 10 days. Step 6: Employers/attorneys whose registrations were selected would then go on to file a full FY 2021 H1B cap-subject petition with the USCIUS, within the filling period. H1B visa 2020 visa application new rules. Obtaining an H-1B visa hinges on the ability to demonstrate the applicant’s specialized knowledge that qualifies them for the position. In recent weeks, the US Department of Labor (DOL) and the Department of … Once the H-1B petition is filed, the selection process can take anywhere from four to six months, depending on whether the petitioner is subject to the cap or not. Abc Small. USCIS contends that a specialty occupation requires a theoretical and practical application of a body of specialized knowledge and together with at least a bachelor’s degree or its equivalent. The H1B visa is a temporary or non-immigrant “specialty occupation” US visa, which means the holder is employed in a position that requires specialized skills or knowledge. Online Visas’ founder Jon Velie gives some tips on your application strategy, including credentialing, prevailing wage, and the lottery. The employer may make the notice available using any means it normally uses to communicate with workers such as a “home page” or “electronic bulletin board”. Hold a foreign degree which is equivalent to a bachelors degree or higher in the field of the specialty occupation. Velie Law Firm, 401 W. Main Street, Suite 300, Norman, Oklahoma 73069 U.S.A. The H1B visa, on the other hand, is a visa classification which cannot be done without considerable skill, talent, and commitment behind it. Have made original scientific, academic, or business contributions of major significance in their respective field. The new rules restrict registration to one entry per person. For instance, to fill a computer programmer position an applicant does not necessarily require a computer science degree to carry out tasks. Any application must be sponsored by a valid company. Book your free immigration strategy session with one of our attorneys. OnlineVisas is an ancillary law-related services company of the Velie Law Firm. By . You must meet one of the following prerequisites: Have completed a bachelors degree or higher in the field of the specialty occupation from an accredited university. Many H1-B holders apply for Labor Certification Green Cards under, If considering a green card application, note that there is a rule that dictates that, if a green card application is submitted, For those who gain extraordinary skills during their stay, they may become suitable for the, If a person has access to sufficient funds, they may consider applying for the, Contact Online Visas to arrange your personal visa strategy session. A recent passport size photograph according to US visa requirements. I would not hesitate to recommend OnlineVisas. Quite the predicament. USCIS has argued that the job duties paying level 1 wages are not complex enough to qualify as specialized but too complex to be considered entry-level because they involve the exercise of judgment and thus require oversight from a wage level 3 supervisor. In smaller companies it can create almost 7 jobs per each H-1B. Higher Wages, Specialty Occupation, Client-Site Placements: New Rules For H1-B Visa Announced. In some cases yes. Step 2: Attorneys/Employers use the new accounts to electronically submit separate registration documents for each employee(s) that they plan to sponsor for H1B. This is likely to lead to the end of many Trump US visa policies. FYI: Effective Sept. 11, 2018, USCIS officers are no longer required to issue a Request For Evidence (RFE) or a Notice of Intent to Deny (NOID) and may outright deny an application, petition or request for even minor clerical mistakes. Also, employers/attorneys of such H1B applicants or petitioners will be notified of the results of such an H1B visa lottery no later than March 31st, meaning that a lottery applicant would know his fate by the end of March. to prove an employer-employee relationship with the H1B visa applicant. In a case where an employer submits more than one entry for an employee, all the entries submitted by that employer is deemed invalid. The notice of posting can come in two forms – a hard copy notice or an electronic notice. This type of work authorization requires that you have all necessary documents related to the job. However, where the USCIS feels there’s a need to extend or re-open the registration period for any reason, it has the discretion to do so –while publicly announcing the start and end date of such re-opening or extension on its website. What are the hoops that have to be jumped through? 7,656 views. 1-405-310-4333, info@onlinevisas.com. 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