The Fact About H1B Visa

Here we are highlighting some Fact About H1B Visa

It truly is unfortunate there are numerous voices arguing against legal immigration systems for skilled jobs like the H1B visa without having any firsthand knowing of how it really works. I was an H1B visa holder and today I’m a proud U.S. citizen. I’d like to share with you my own experience in order to clarify some common mistake relating to this plan.

 

H1B visa holders usually are not immigrants. H1B visa is a non-immigrant visa in the USA under the Immigration and Nationality Act, area 101(a)(15)(H). This visa plan lets U.S. employers to hire foreign workers on a temporary foundation, generally for up to 3 years. The government sets an annual cap of 65,000 H1B visas to be issued, with an additional 20,000 visas for individuals who have masters degrees or higher. H1B visa holder is permitted to extend the visa once at the conclusion of the 3-yr duration for another 3-year term. So as a whole, an H1B visa holder can legally perform and stay in the United States for a maximum of 6 years. At the end of 6 years, the visa holder has to leave the US unless he/she becomes an immigrant through other stations, i.e. union, occupation, etc. In my own case, I had been an H1B visa holder for six years and became a U.S. citizen in the end through marriage.

 

H1B visa holders have to satisfy quite high qualification standards. Not everybody can make an application for an H1B visa because the bar is set very high. For the instruction requirement, a bachelor diploma is a minimum. After I had been offered a job at Citi Bank through the H1B program, I’d earned two master degrees from 2 accredited U.S. universities. Lots of my friends who are H1B holders also have at least one master diploma from an accredited U.S. university. In addition to a learn diploma, several H1B visa holders including myself also have professional licenses or certifications in our specific field. Nonetheless, having a good education isn’t enough. The United States Custom and Immigration Services (USCIS) needs that an H1B visa holder can only be employed to fill occupations where “the particular duties is so specialized and complex that the information needed to execute the duties is generally linked to the achievement of a bachelor’s or  more degree.” USCIS requires both employer and worker to give an incredibly comprehensive description of exactly what the job duties entail and the way the field of study is related to the specific vocation the employee is intended to perform. Here is an excerpt in the USCIS of what constitute a detailed description:

 

  • “A detailed explanation of the precise responsibilities of the position, the product or service your firm provides, or the elaborate temperament of the function you are going to perform, and just how your degree is related to the role.
  • Written opinions from experts in the field explaining how a degree is linked to the function you may perform.”

H1B visa holders aren’t cheap laborers. Unlike the most popular misunderstanding, an company cannot only pay a foreign employee as very little as potential. The Immigration and Nationality Act (INA) requires that selecting overseas workers can’t damage the wages and working conditions of American workers. To adhere to this statute, the Department of Labor (DOL) needs employers to demonstrate that “the wages offered to a foreign employee must be the prevailing wage rate for the occupational classification in the location of employment.” The DOL web site defines the “prevailing wage fee” as “the average wage paid to similarly employed workers in a specific occupation in the region of intended employment.” An employer can’t just claim the salary he/she is going pay is the prevailing wage rate. The employer either has to submit a request to the National Prevailing Wage Facility (NPWC) to obtain what the prevailing wage is for the standing or get it from an impartial authoritative supply.