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Petitions Exempt From H-1B Cap

H1B Visa

There are a few ways to be considered H-1B cap exempt. U.S. Employer matches one of the following categories:

1. Higher Education Institution

2. A non-profit affiliated with a higher education institution. For H1B Visa Process Visit UT Evaluators

3. Non-profit research or government organization

4. Beneficiaries who will work in Guam or the Northern Mariana Islands. (Applicable until December 31, 2014).

If H-1B cap exemption has been previously granted for the beneficiary, he/she will not be subject to the cap.

The following will continued to be processed with cap exemption by the USCIS:

1. Extension of stay in the United States for current H-1B holder.

2. H-1B holder has a change in terms of employment

3. H-1B holder changing employers

4. H-1B holder working jointly with a second H-1B position

Students with F-1 Visas looking to file for H-1B are able to apply for the Optional Practical Training (OPT). This enables the student to work within his/her field for 12 months. For more info on  H1B Visa check Emikolo

There are also two additional months of grace period following the original 12 months. The time and experience spent in the United States under OPT can assist when reapplying for the H-1B visa.

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H-1B Visa Fee FAQs

UT Evaluators

Do I have to pay H-1B fees with this new registration system?

You will not need to pay fees in order to enter the lottery, but you will have to pay all applicable H-1B fees if you are selected for the cap.

Will premium processing be suspended again?

Unfortunately, there is no way of determining whether or not premium processing will be suspended. It was suspended in the past so that petitions without premium processing could be adjudicated and now it seems as though the USCIS is caught up. If another back =log builds up, we might be able to anticipate another suspension of this service. Check for H1B Visa Process in UT Evaluators.

Is there an LCA fee?

Fortunately, there is no fee required by the Department of Labor for the LCA.

Is there a salary requirement for the H-1B?

As of now, there is no minimum salary that you must have in order to qualify for an H-1B visa. You must only have at least a bachelor’s degree and a job offer from a U.S. employer that requires your degree. However, the current administration intends to implement changes to the H-1B visa requirements that may include a minimum salary.

Can the beneficiary pay the premium processing fee?

Yes. However, the employer and the beneficiary must make it clear that the beneficiary is paying this fee because it directly benefits him or her rather than the employer.To know more details on H1B Visa  Check Ogequipment

Work with your immigration attorney to see about putting together the appropriate statement.

 

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How The H-1B Visa Benefits Foreign Workers

UT Evaluators

The H-1B visa has been the most popular long-term work visa in the United States for years, and with good reason. There is a whole host of benefits that give the H-1B an edge over the other work visa categories. From its accessibility to its lengthy initial period of stay, it’s easy to see why so many foreign professionals apply to reap the H-1B visa benefits each year.

Here are the H-1B Visa Benefits Foreign Workers

The broadest benefits go to the beneficiary, or foreign worker, who receives the visa. In 2016, over 236,000 H-1B visa petitions were submitted to the USCIS. If you were wondering what causes this visa to be so popular, this is why. For H1B Visa Process Visit UT Evaluators

Broad Requirements

The first H-1B visa benefit, and perhaps the main reason for its popularity, is the broad requirements associated with qualifying for this visa. While many other working visas require the beneficiary to have a managerial position, a master’s degree, or an investment of thousands of dollars, the H-1B simply

requires the following:

A. A bachelor’s degree

B. A job offer from a U.S. company for a specialty position that requires your bachelor’s degree.

Of course, finding an employer that has a job opening available for a position related to your educational background may not be simple, but these requirements are much easier to fulfill than the requirements for visas such as E-2, L-1, and O visa classifications.

However, depending on your situation, another work visa may be a more viable option for you. For example, if you are an entrepreneur that has significant capital but does not have a bachelor’s degree, the E-2 visa may be a better fit for your case. Speak with your immigration attorney to learn your options.

Duration of Stay

Another benefit of the H-1B visa is the amount of time you are initially granted when you receive your visa. In contrast to some of the other visas such as B-1, which grants you six months, and the J-1, which can sometimes grant you as little as one year, the H-1B allows holders to stay for three years initially and can easily be extended.

Portability

Unlike the rigid regulations surrounding some other work-related visas, the H-1B gives holders the ability to port their status from one employer to another during their stay. It also allows them to work part-time and for multiple employers at the same time. For more details on H1B Visa  check Lanetalab

Anyone Can Apply

One of the biggest H-1B benefits is that foreign professionals from all over the world can apply. While the E-2 visa can only be obtained by people from treaty countries and the TN is reserved for Canadians and Mexicans, the H-1B is open to nationals and citizens of any country.

Spouses and Dependents

Fortunately, you can bring your spouse and children over as dependents under the H4 visa. Their stay will be as long as the principle holder and extensions can be acquired for each H-4. Additionally, H-4 holders can now work in the U.S. after obtaining Employment Authorization Documents.

Dual Intent

Unlike many other work visa classifications, one of the H-1B’s many benefits is the fact that it is considered to be a “dual intent” visa. This means that you can pursue legal permanent residency while under H-1B nonimmigrant status. This is a large advantage over some other visas such as the TN and J-1 classifications.