All about H1B Visa

To have a successful migration, it takes a lot of planning, a lot of preparation and dedication to make everything work perfectly.

Who is eligible for the H1B visa?

Professionals specialized in a specific and complex role, in combination with professional education. As a minimum, a Bachelor’s degree is required.

Those that completed a Master’s degree in the United States may apply for the “Masters CAP”, a number of visas drawn separately from the regular lottery.

When can I apply for the H1B visa?

It is necessary to wait for the lottery period, which usually takes place in March. Therefore, it is recommended to start the preparation for the lottery previously, due to the need to pre-register.

How do I participate in the H1B visa lottery?

Employers who plan to submit H1B petitions for the next fiscal year must pre-register in the USCIS electronically during the designated registration period.

What should be done if the beneficiary is drawn?

After the draw, the sponsor company needs to submit the petition for assessment of the merits of the H1B application. It is important to stress that this petition must be submitted within 90 days from the date when the professional was drawn in the lottery.

What can be done if the beneficiary is not drawn in the lottery?

If the USCIS receives fewer petitions after the period of 90 days available for submission, the agency will carry out a second random selection (H1B lottery) of pre-registered beneficiaries who had not been drawn.

 

Pre-registrations not drawn are kept in the system reserve and will be drawn if necessary to reach the CAP number of visas available.

After this second step, if the visa is not drawn, it will be necessary for apply to the lottery of the following fiscal year.

Is it possible for a single company to sponsor more than one visa applicant per lottery?

Yes, a company may join the lottery with up to 250 applying professionals. However, each sponsor company may submit only one application per professional for the electronic pre-registration. If a single sponsor submits more than one application for the same beneficiary, all applications submitted by this company for the professional will be deemed invalid and will be dismissed. Thus, the chances of fraud are mitigated.

What does it mean to be a specialized professional (“specialty occupation”) in the case of the H1B visa?

It means having a Bachelor’s degree or equivalent higher education degree in a specific field of study. Therefore, it is clear that the visa has a minimum educational requirement. It is required to demonstrate through documents that the job opening offered requires:

  • Bachelor’s or a higher degree usually required by the industry;
  • The requirement of a diploma is standard for the employer and for the position;
  • The requirement of a diploma is standard for the industry, or the position is complex and unique, and can only be performed by a professional with a diploma; or

• The duties of the position concerned are highly specialized, and, therefore, a diploma is mandatory.

Is there any charge to participate in the H1B lottery?

Yes, upon the electronic pre-registration, the company may pay US$10.00 per professional.

Can the spouse and children benefit from the H1B visa?

The relatives of a H1B visa holder may accompany them with the H4 status.

Are the beneficiaries’ dependents authorized to work in the USA with the H-4 visa?

No, those with H-4 status may not request permit to work.

Is it possible to request the H1B while within the United States?

Yes. This case is called change of status. If adopted, must be thoroughly discussed with the office.

What is the validity period of the H1B?

The visa is valid for a maximum of 3 years; however, this decision is made at the discretion of and depends on the officer who will perform the analysis of the merit of the visa. Furthermore, the H1B visa may not exceed a period of 6 years, considering the possibility of renewal. After 6 years, a new type of visa is required.

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