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12MYTHS AND REALITIES
H-1B Visa program is surrounded by a lot of myths owing to its popularity.
H-1B Visa program is surrounded by a lot of myths owing to its popularity.
LET’S TAKE A LOOK AT THESE MYTHS AND LEARN
THE TRUTH ABOUT H-1B VISAS.
H-1B visas are available throughout the year.
1
H-1B visas are available throughout the year.
The H-1B filing period begins on April 1st every year, and closes as
soon as USCIS receives sufficient petitions to meet the annual H-1B
visa cap of 85,000.
Once the cap is reached, the filing period will be closed and will
open again on April 1st during the next fiscal year.
NOTE: Cap-exempt H-1B petitions, such as H-1B transfers, change of
employers and petitions from qualified exempt organizations can be
filed at any time during the year.
1
All foreign nationals are subject to the 85,000 H-1B Cap.
2
All foreign nationals are subject to the 85,000 H-1B Cap.
Although there is an annual cap of 85,000 on new H-1B visas
beginning each new fiscal year on October 1, there are several
exemptions from that H-1B cap (cap-exempt petitions).
2
I have a bachelor’s degree, so I qualify for an H-1B visa.
3
I have a bachelor’s degree, so I qualify for an H-1B visa.
Not necessarily! A bachelor’s degree is only one of the
requirements for an H-1B visa. In addition:
• The job offered to you must require a bachelor’s degree in a
specific field as a minimum for entry into the position
• Your educational qualification must match the requirements of
the job offered to you
3
To qualify for the H-1B visa, I have to prove that I intend to return to
my home country after my authorized stay in H-1B status expires.
4
4
To qualify for the H-1B visa, I have to prove that I intend to return to
my home country after my authorized stay in H-1B status expires.
The H-1B visa does not require non-immigrant intent, which means
that you can have an intention to apply for permanent residence
(i.e. Green Card) in the U.S. and still obtain an H-1B visa.
The H-1B visa supports the doctrine of dual intent.
Only large companies may obtain H-1B visas for their employees.
5
5
Only large companies may obtain H-1B visas for their employees.
This is absolutely not true. An employer of any size may petition for
an
H-1B employee, as long as the organization:
• Is a U.S. entity, and
• Has an Employer Identification Number issued by the Internal
Revenue Service (IRS)
IT'S EASY.
IT'S EASY.
IT'S EASY.
The U.S. employer has to prove that it has attempted to recruit U.S.
workers through advertising before filing the H-1B petition.
6
The U.S. employer has to prove that it has attempted to recruit U.S.
workers through advertising before filing the H-1B petition.
U.S. employers are not required to prove that they have attempted
to recruit U.S. workers before filing the H-1B petition for the foreign
national.
The only exceptions are H-1B ‘dependent employers’.
6
I can start working as soon as my U.S. employer files the H-1B petition.
7
I can start working as soon as my U.S. employer files the H-1B petition.
It depends on your current immigration status in the U.S.
i. If you are already under H-1B status and are in the U.S. working
for your H-1B employer, you can begin working for a new
employer as soon as the new company files an H-1B transfer
petition on your behalf.
ii. In other scenarios, you have to wait for the H-1B approval
before legally starting to work.
7
I am in F-1 status with an Optional Practical Training (OPT) work
permit that expires on August 1. My employer wants to file an H-1B
petition for me. This means I have to stop working on August 1 until
October 1 when the H-1B status kicks in.
8
I am in F-1 status with an Optional Practical Training (OPT) work
permit that expires on August 1. My employer wants to file an H-1B
petition for me. This means I have to stop working on August 1 until
October 1 when the H-1B status kicks in.
Under current rules, if your H-1B petition is filed before your F-1
OPT expires, you may continue working after the OPT expires.
8
Eduardo, a national of Brazil, graduated from a U.S. university in
June 2014. He timely filed for and received Optional Practical
Training (OPT) for one year. His U.S. employer is happy with his
performance and wants to keep him. Eduardo’s OPT expires July
26, 2015. His employer files an H-1B petition for him on April 1,
2015, for an October 1, 2015 start date, the earliest date an H-1B
is available for Eduardo.
Does Eduardo have to stop working on July 26, 2015 when his
OPT expires and return to Brazil until he can start working on
October 1?
Since his employer filed an H-1B petition for Eduardo before his
current F-1 status (with OPT) expired, Eduardo qualifies for the
‘cap gap’ rules.
The cap gap rules automatically extend his OPT until October 1,
allowing him to remain in the US and to continue working until
his H-1B kicks in.
Once I have an H-1B visa, I can work for any employer.
9
Once I have an H-1B visa, I can work for any employer.
H-1B is employer specific, which means you can only work for the
petitioning employer.
If you want to also work for another employer, the new employer
must file a concurrent H-1B petition for you.
9
I cannot travel outside the United States while I am on H-1B.
10
I cannot travel outside the United States while I am on H-1B.
Absolutely wrong! You can travel in and out of the U.S. freely as
long as you have a valid H-1B visa stamped in your passport.
10
H-1B workers do not have to pay U.S. taxes.
11
H-1B workers do not have to pay U.S. taxes.
All H-1B workers are required to pay the same taxes on income as
U.S. workers. They pay the same social security, unemployment and
state taxes.
11
My employer cannot terminate me from employment as long as my
H-1B is valid.
12
My employer cannot terminate me from employment as long as my
H-1B is valid.
Incorrect! The U.S. is an ‘at-will’ employment nation and those on
H-1B fare no better or worse in this regard as compared to U.S.
workers.
There is no such thing as guaranteed employment based on an H-
1B visa.
12
About VisaPro
About VisaPro
VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services at
reasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
About VisaPro
VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services at
reasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
About VisaPro
VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services at
reasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
Investor and Entrepreneur Advisory Services
About VisaPro
VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services at
reasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
Investor and Entrepreneur Advisory Services
Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN
About VisaPro
VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services at
reasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
Investor and Entrepreneur Advisory Services
Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN
Investor Visas: E-1, E-2, EB-5
About VisaPro
VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services at
reasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
Investor and Entrepreneur Advisory Services
Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN
Investor Visas: E-1, E-2, EB-5
Green Cards
About VisaPro
VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services at
reasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
Investor and Entrepreneur Advisory Services
Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN
Investor Visas: E-1, E-2, EB-5
Green Cards
Employer Immigration Compliance
Washington, DC
1050 17th Street NWSuite 1000
Washington, DC 20036
Contact Us
Washington, DC
1050 17th Street NWSuite 1000
Washington, DC 20036
1100 S Hope St.Suite 103
Los Angeles, CA 90015
Los Angeles
Contact Us
Washington, DC
1050 17th Street NWSuite 1000
Washington, DC 20036
New York
520 White Plains Road Suite 500
Tarrytown, NY 10591
1100 S Hope St.Suite 103
Los Angeles, CA 90015
Los Angeles
Contact Us
Washington, DC
1050 17th Street NWSuite 1000
Washington, DC 20036
New York
520 White Plains Road Suite 500
Tarrytown, NY 10591
1100 S Hope St.Suite 103
Los Angeles, CA 90015
Los Angeles
“I have had the pleasure of working with the staff at VisaPro. Their knowledge,
professionalism and overall pleasantness made my job much easier. They assisted me
every step of the way in applying for an H1B Visa, I could not imagine getting through
this process without them. I would highly recommend VisaPro to anyone applying for
a Visa. I would most definitely use VisaPro again”
Beverly Brawer,
United States Luggage Company LLC
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