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H-1B Visa Application Process: Step by Step

By Bill at April 13, 2019 01:44
Filed Under: Tips and Features, Visa Knowledge

USCIS will begin accepting H-1B petitions that are subject to the FY 2020 cap on April 1, 2019. The H-1B application process entails the following steps. For more information, please visit our Visa Knowledge library.

  1. Employer Submits LCA to DOL for certification.
    The employer must apply for and receive Department of Labor(DOL) certification of an Labor Certification Application(LCA). more info
  2. Employer Submits Completed Form I-129 to USCIS.
    The employer should file Form I-129, Petition for a Nonimmigrant Worker, with the correct USCIS Service Center. The DOL-certified LCA must be submitted with the Form I-129. more info
  3. Prospective Workers Outside the United States Apply for Visa and/or Admission.
    Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required). Regardless of whether a visa is required, the prospective H-1B worker must then apply to U.S. Customs and Border Protection (CBP) for admission to the United States in H-1B classification.

H-1B season has begun, please use following links to search potential job opportunities and pitch employers directly.

U.S. employers are always looking for skilled workers, even in holiday seasons. Please polish your resume and update your career profiles regularly.     

Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker

By Bill at March 22, 2019 16:43
Filed Under: Visa Knowledge

Regular Processing

Form I-129 is filed at the California Service Center (CSC), the Vermont Service Center (VSC), the Nebraska Service Center (NSC), or the Texas Service Center (TSC), depending on which nonimmigrant classification and action the petitioner is requesting and where the petitioner is located. 

For many classifications, the U.S. state or territory where your company or organization’s primary office is located will determine where you should send your Form I-129 package. For example, if your company’s primary office is in New York, file Form I-129 with the VSC regardless of the beneficiary’s worksite. If your company’s primary office is in California, file Form I-129 with the CSC regardless of the beneficiary’s worksite.

Form I-129 petitions for certain nonimmigrant classifications and requested actions are filed at one service center, regardless of where the company or organization’s primary office is located. Currently, only certain H-1B and H-1B1 petitions are filed at the NSC.

Please refer to the “I-129 Nonimmigrant Classification Chart with Filing Locations” chart below for information regarding your specific requested nonimmigrant classification and requested action.

Filing for Temporary Employment or Training in More Than One Location

When the temporary employment or training will be in different locations within the same U.S. state or territory, or in different U.S. states or territories, the state where your company or organization’s primary office is located will still be used to determine where you should file your Form I-129 package, regardless of the beneficiary’s work location(s). For example, if the beneficiary will work or receive training in two or more different locations in the state of Arizona, and your company’s primary office is in New York, file Form I-129 with the VSC. If the beneficiary will work or receive training in a location in Arizona and in another location in Florida, and your company’s primary office is in New York, file Form I-129 with the VSC.

Listing Your Organization’s Primary Address

Your company or organization’s primary office should be listed in Part 1, Question 3.

Providing Additional Information

In addition to Part 5, Question 3, you may also use Part 9 of Form I-129 (with a revision date of 01/17/2017) to list additional worksite locations if you need extra space.

California Service Center Filings

File Form I-129 with the CSC if the petitioner’s primary office is located in:

  • Alaska
  • Arizona
  • California
  • Colorado
  • Commonwealth of the Northern Mariana Islands (CNMI)
  • Florida
  • Georgia
  • Guam
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • North Carolina
  • North Dakota
  • Ohio
  • Oregon
  • South Dakota
  • Texas
  • Utah
  • Washington
  • Wisconsin
  • Wyoming
  • If you are filing a major league sports-related P petition, you must continue to file Form I-129 with the VSC.   

Vermont Service Center Filings

File Form I-129 with the VSC if the petitioner’s primary office is located in:

  • Alabama
  • Arkansas
  • Connecticut
  • Delaware
  • District of Columbia
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Mississippi
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • Oklahoma
  • Pennsylvania
  • Puerto Rico
  • Rhode Island
  • South Carolina
  • Tennessee
  • U.S. Virgin Islands
  • Vermont
  • Virginia
  • West Virginia

Premium Processing

If you are requesting premium processing services for a Form I-129, you must also file Form I-907, Request for Premium Processing Services. Before you file the Form I-129/I-907 package, check uscis.gov to ensure that the requested classification is eligible for premium processing.

Top 10 reasons for H-1B RFE-Request for Evidence

By Bill at March 11, 2019 18:08
Filed Under: Tips and Features, Visa Knowledge

A H-1B RFE(Request for Evidence) is an inquiry by the USCIS in order to request additional proof necessary to make a decisions pertaining to your H-1B petition. It can be for information about either the worker or the employer, or both, since USCIS must have proof of a valid employer-employee relationship.

From the time you receive the RFE through mail or email, you have 90 days to submit the appropriate documents and you should take great care to ensure that you are thorough in answering all inquiries.

Following are the top 10 reasons why USCIS may issue an RFE, in order from most to least common, that RFEs were issued in fiscal year 2018 for H-1B petitions. read detailed explanation.

1. Specialty Occupation
2. Employer-Employee Relationship
3. Availability of Work (Off-Site Work Cases)
4. Beneficiary Qualification
5. Maintenance of Status
6. Availability of Work (In-House Work Cases)
7. LCA Corresponds to Petition
8. AC 21 and 6-Year Limit
9. Itinerary
10. Fee

For more information about H-1B Visa REF, please read USCIS document: Understanding Requests for Evidence (RFEs): A Breakdown of Why RFEs Were Issued for H-1B Petitions in Fiscal Year 2018

U.S. employers are always looking for skilled workers, even in holiday seasons. Please polish your resume and update your career profiles regularly.     

H1-B Visa Cap Exempt Employers

By Bill at July 12, 2018 17:17
Filed Under: Tips and Features, Visa Knowledge
USCIS has reached the congressionally mandated H-1B cap for fiscal year 2019 on April 6,2018. However, USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at Petitions filed on behalf of current or former H-1B workers who have been counted previously against the cap, and who still retain their cap number, also do not count toward the cap. Accordingly, USCIS will continue to process fiscal year 2018 and 2019 petitions filed to:
  • Extend the amount of time a current H-1B worker may remain in the United States.
  • Change the terms of employment for current H-1B workers.
  • Allow current H-1B workers to change employers.
  • Allow current H-1B workers to work concurrently in a second H-1B position.
  • Allow recapture of the time that H-1B workers spent outside the U.S.
  • Change status back to H-1B from other status like H-4 or F-1.
Based on above cap exempt criteria, myvisajobs.com has improved its search function of H1B visa database. Please use following links to search cap exempt employers and H1B visa petitions.




Database of E-Verify Employers Updated

By Bill at May 26, 2018 17:17
Filed Under: Immigration News, Visa Knowledge
We have just obtained from USCIS and published the updated list of employers who enroll in E-Verify program and have 5 or more employees. Totally there are 546,907 employers on the list.

We also enhanced the user interface so you can search employers and find their sponsorship information more easily. Please click here to find out if your potential employers have been verified!

E-Verify is an Internet-based program run by the Department of Homeland Security that compares information from an employee's Employment Eligibility Verification Form I-9 to data from U.S. government records. If the information matches, that employee is eligible to work in the United States.

The purpose of E-Verify is stop unauthorized employment. While participation in E-Verify is voluntary for most businesses, some companies may be required by state law or federal regulation to use E-Verify.

E-Verify enrollment is also mandatory for employers who want to extend OPT for their F1 visa employees.

Please click here to know more about E-Verify program or click here to search the employer database.



Not all jobs are created equal!
http://www.myvisajobs.com

Different Types of U.S. Work Visas

By Bill at April 10, 2018 16:16
Filed Under: Immigration News, Visa Knowledge
On April 6, USCIS has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master's cap.read more

H-1B visa is not the only work visa that U.S. employers could use to employ foreign workers. Following are a few other types of U.S. work visas that are available. Please visit USA Worker Visa Comparison to review the complete list.
  • L1 Visa, Intra-company Transferee Visa, companies operating both in the US and abroad can transfer certain classes of employee from its foreign operations to the US operations for up to seven years.
  • O-1 Visa, Individuals with Extraordinary Ability or Achievement, for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics.
  • TN Visa, NAFTA Professional visa, allows citizens of Canada and Mexico to work in United States in a prearranged business activity for a U.S. or foreign employer as NAFTA professionals.
  • J-1 Visa, Exchange Visitors, for exchange visitors who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.
  • Q-1 Visa, Cultural Exchange Visa, for international cultural exchange programs designated by USCIS. The J non-immigrant visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs.
Every year, United States issues about 10 million non-immigration visa. Please visit USA Visa section to review the complete list of visas for visitors and foreign workers.


Four Key H-1B Visa Requirements

By Bill at February 18, 2018 15:44
Filed Under: Tips and Features, Visa Knowledge
USCIS will start accepting cap-subject H-1B visa petitions on April 2, 2018. Below are the four key requirements you must fulfill to apply for an H-1B Visa.
  1. You must have an employer-employee relationship with the petitioning U.S. employer. more tips
    In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker.

  2. Your job must qualify as a specialty occupation by meeting one of the following criteria: more tips
    • A bachelor's degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
    • The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor's degree in a field related to the position;
    • The employer normally requires a degree or its equivalent for the position; or
    • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

  3. Your job must be in a specialty occupation related to your field of study. more tips

  4. You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.more tips
    The prevailing wage is determined based on the position in which you will be employed and the geographic location where you will be working (among other factors).
U.S. employers are always looking for skilled foreign workers. They are expected to file nearly 180,000 H-1B visa petitions during the first week of April! Please make sure you polish your resume and update your career profiles regularly


Not all jobs are created equal!
http://www.myvisajobs.com

Why those 50,000 H-1B petitions were denied?

By Bill at September 23, 2017 04:46
Filed Under: Tips and Features, Visa Knowledge
In fiscal year 2016, USCIS received almost 400,000 H-1B visa petitions and approved nearly 350,000 of them(2007-2017 history). Following are the most common reasons for the denials of those 50,000 petitions.

  1. The employer does not appear to be a real, established, operating U.S. company with the capacity to hire and pay an H-1B worker. The employer has to provide documentation, such as a tax identification number, tax returns or financial statements. Website printouts, brochures, photographs of the employer's premises, and any licenses or stock certificates will also helpful.
  2. The employer fails to establish that an employer-employee relationship exists. The relationship must continue to exist with the beneficiary throughout the duration of the requested H-1B validity period. read more about employer-employee relationship
  3. The foreign worker does not have the required education or experience. H-1B occupations usually require the attainment of a bachelor degree or its equivalent in order to enter the profession. Many jobs also require other qualifications such as previous training and work experience. Professional jobs may also require state-issued licenses and professional degrees. read more about H-1B requirements
  4. The offered employment does not meet the "specialized knowledge" requirement. The H-1B visa is designed to be used for foreign workers in "speciality occupations", which require theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor. read more about H-1B occupations
Before the H-1B petition can be filed with USCIS, the employer must fill a Labor Condition Application(LCA) with the Department of Labor. Please use following link to search denied applications:

http://www.myvisajobs.com/H1B-Visa/SearchLCA.aspx

It is autumn, time for you to update your career profile and pitch potential employers!


H-1B Visa: Four Key Requirements

By Bill at February 18, 2017 17:50
Filed Under: Visa Knowledge
USCIS will start accepting cap-subject H-1B visa petitions on April 1, 2017. Below are the four key requirements you must fulfill to apply for an H-1B Visa. For each requirement, we have linked forms of evidence that you may submit to meet the requirement and other tips to help you prepare your petition.
  1. You must have an employer-employee relationship with the petitioning U.S. employer. more tips
    In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker. 
  2. Your job must qualify as a specialty occupation by meeting one of the following criteria: more tips
    • A bachelor's degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
    • The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor's degree in a field related to the position;
    • The employer normally requires a degree or its equivalent for the position; or
    • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.
  3. Your job must be in a specialty occupation related to your field of study. more tips
  4. You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.more tips 
    The prevailing wage is determined based on the position in which you will be employed and the geographic location where you will be working (among other factors).
U.S. employers are always looking for skilled foreign workers. They are expected to file more than 200,000 H-1B visa petitions during the first week of April! Please make sure you polish your resume and update your career profiles regularly

H-1B Dependent Employer and Willful Violator

By Bill at February 14, 2017 16:42
Filed Under: Visa Knowledge
Before applying for visa jobs, you should know whether the employers are Willful Violator Employers or H-1B Dependent Employers or Debarred/Disqualified Employers! 

Willful violator employers are the employers who have committed either a willful failure or a misrepresentation of a material fact when hiring foreign workers. 

An employer is considered H-1B dependent if it has:
  • 25 or fewer full-time equivalent employees and at least eight H-1B nonimmigrant workers; or
  • 26 - 50 full-time equivalent employees and at least 13 H-1B nonimmigrant workers; or
  • 51 or more full-time equivalent employees of whom 15 percent or more are H-1B nonimmigrant workers.
Both willful violator employers and H-1B dependent employers must comply with additional attestations when filing Labor Condition Applications(LCA) for H-1B Visa. So it is very important for you to know if an employer is on the lists. 

With our new database engine, you can now search all LCA filed by either willful violators and/or H-1B dependent employers. Believe it or not, those employers have filed over half a million LCA since 2011! There is another list called Debarred/Disqualified Employers who have been debarred/disqualified from approval of petitions for nonimmigrant visa. It is a good habit if you bookmark and check the list every month! 

The employers are always looking for skilled workers, make sure you polish your resume and update your career profiles regularly



Not all jobs are created equal!
http://www.myvisajobs.com