Are you a foreign worker who wants to move to the United States? Do you want to obtain a work permit to work in the United States? The H1B visa is the best option for you and this article will help you with the H1B visa process.
This is a popular nonimmigrant visa because of its low requirements and flexibility. In fact, the H1B temporary work visa allows you to work in the United States. Moreover, you can apply for permanent residence as well.
Compared to other visa types, the H1B visa process is quite different. Due to its popularity, there is a short window to submit your visa petition. To apply for the visa, your occupation must fall into specialty occupations.
Firstly, you need to have sponsorship from a U.S. employer who meets eligibility requirements. Secondly, your employer needs to obtain an approved Labor Condition Application.
Considering you meet these requirements, let’s talk about how to increase your chances to obtain the H1B visa.
Apply As Soon As the Window Opens
First of all, you need to know when the window opens for submissions.
In 2022, the window opened on 1st March. Due to a large number of applicants, the window remains open for a few days only.
Try to submit your application on the very first day without any delay.
Don’t Limit the Number of Petitions
To increase your chances of getting H1B Visa approval, you can submit petitions to multiple employers.
Is it lawful? Yes, it is.
When they see several petitions from different employers for you, it increases your chances.
However, it is not allowed for an employer to submit more than one petition for you.
Provide Enough Evidence that Your Employer Can Pay You
While submitting your petition, it is important to provide all the required information for the H1B Visa Process.
You need to provide evidence that your employer can pay the wage.
During the attestation of the Labor Condition Application, it is essential to prove that the employer has the ability to pay you.
Tax or bank statements can support your application.
Double Check Your H1B Visa Petition
A small mistake can result in visa rejection.
If you miss any signatures or addresses, it will lead you to an automatic rejection.
Hiring an immigration attorney ensures that you fill all forms perfectly.
Choose a Specialty Occupation Relevant to Your Degree
Occasionally, it is possible to get an H1B visa even if you have a different degree compared to your specialty occupation. However, it is highly recommended to choose a specialty occupation relevant to your degree.
Let’s say that you are applying for an accountant position and have a degree in engineering. Does it make sense? Well, avoid such blunders.
Employers Should Pay the H1B Visa Process Fees
The H1B processing fees must be paid by the employer. If you pay the processing charges, the USCIS can revoke your visa.
However, both the employer and beneficiary can pay the premium filing fees. If the beneficiary pays the fees, the employer needs to establish that it is done for the applicant’s sake.
Find an H1B Cap-Exempt Job
This is the ultimate way to get the H1B visa without any issues. To become cap-exempt, you need to get a job from a cap-exempt employer. Moreover, if you are already counted against the cap, you will become cap-exempt.
Who is a cap-exempt employer? There you go:
- A governmental research center
- An institute of Higher Education
- A not-for-profit institute connected with an institute of higher education
Once you become cap-exempt, you don’t need to worry about the lottery selection system. More importantly, you don’t need to submit your petition during the short window.
Hire a Reputable Immigration Attorney for the H1B Visa Process
Many people try to manage their applications on their own, which is a mistake.
When deciding about a project, you always consult with experts to minimize the chances of failure. Similarly, you must talk to a consultant and utilize their experience to increase your chances of obtaining the H1B visa.
Not only will an immigration attorney help you plan your case, but also assist you during the H1B visa process.
They ensure that you fill out your forms perfectly and send fees to the right authority.
Moreover, they help you choose the right specialty occupation to reduce the chances of getting a Request for Evidence (RFE).
The Bottom Line
Planning and preparation of documents before opening the window is the key to your success.
To increase the chances of getting through the H1B Visa process, you can submit multiple petitions for different employees.
Moreover, you can look for a cap-exempt job that dramatically improves your chances of getting selected.
Last but not the least, you must have an immigration attorney by your side.
Retain their services during the entire process to avoid the issues.
If you find this article helpful, check out our article Prepare Your Kids For Moving House With Our Top 5 Tips.
Richard Herman is a nationally renowned immigration lawyer, author, and activist. He has dedicated his life to advocating for immigrants and helping change the conversation on immigration. He is the founder of the Herman Legal Group, an immigration law firm launched in 1995 and recognized in U.S. World News & Report’s “Best Law Firms in America.” He is the co-author of the acclaimed book, Immigrant, Inc. Why Immigrant Entrepreneurs Are Driving the New Economy (John Wiley & Sons, 2009). Richard’s poignant commentary has been sought out by many national media outlets, including TheNew York Times, USA Today, BusinessWeek, Forbes, FOX News (The O’Reilly Factor), National Public Radio, Inc., National Lawyers Weekly, PC World, Computerworld, CIO, TechCrunch, Washington Times, San Francisco Chronicle and InformationWeek.