What is H-1B visa ?
The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers with specialized skills to work in the United States for a specific period of time. Typically, the roles require a bachelor’s degree or equivalent. Occupations that qualify for the H-1B visa are typically in fields such as technology, finance, engineering, architecture, or more.
United States to make amended H-1B Visa mandatory for employees moving from one job site to another
As part of the recent changes proposed for the H-1B visa system, the US will also codify the requirement of an amended petition in case of a change in the H-1B worker's environment.
This move comes after a prior ruling from the United States Court of Appeals in the District of Columbia, reiterating the need for sponsoring employers to submit an amended H-1B visa petition to the US Citizenship and Immigration Services (USCIS) when a foreign employee relocates within the United States.
In July 2015, the USCIS issued a policy memorandum based on a decision by the Administrative Appeals Office in a specific case. According to the memorandum, a foreign employee's relocation from one domestic location to another constituted a 'material change' and demanded the submission of an amended H-1B visa application.This approach confronted lawful difficulties, yet the courts maintained the necessity.
The recently proposed changes will formalize this commitment. Presently, employers will need to submit a new Labour/Work Condition Application (LCA) and a new H-1B petition before the location change occurs. Failing to do so may lead to the H-1B visa worker being considered in violation of their visa status. It's essential to be aware that these changes will result in additional costs for the sponsoring employer.
However, when the job location change happens within the same area of intended employment, this requirement does not apply. These changes aim to ensure compliance with the H-1B visa program, particularly regarding the employment locations of visa holders.
Cyrus D Mehta, a New York-based migration lawyer, told TOI, "This strategy has expanded the weights and costs on businesses connecting with the recording of a revised H-1B request, and tragically the requests court didn't invert the strategy. In the event that the altered H-1B Visa request isn't documented preceding the transition to the new worksite, H-1B Visa specialists might be viewed as disregarding their visa status."
To be qualified for the H1B visa, you will need:
- A valid job offer from a U.S. employer for a role that requires specialty knowledge
- Proof or Evidence of a bachelor’s degree or equivalent experience in that field.
- Your employer must show that there is a lack of qualified U.S. applicants for the role
The cost to enroll for the H-1B lottery is $10. If the applicant is selected for an H-1B visa, the employer will then have to pay $460 to file Form I-129 (Petition for Nonimmigrant Worker). Past that, the expenses can shift, contingent upon the size of the organization, expenses to facilitate the application, whether the H-1B candidate is evolving bosses, and lawyer charges.
Having a valid visa allows you to go to a U.S. port of entry and request entry to the U.S.. If you leave the U.S. for travel and return, as long as your H-1B visa is still valid, you may be able to be admitted on H-1B status. You may wish to bring evidence of your employment or your visa validity with you to present at the border or line.
The H-1B1 is a U.S. nonimmigrant visa for nationals of Chile and Singapore who work in specialty occupations. The annual cap for H1B1 visas is 6,800 — 1,400 from Chile and 5,400 from Singapore.