H1b visa Riverhead - Shankar law

H1b visa Riverhead

H1b visa  Riverhead

Applications for all kinds of visas are notoriously backlogged at USCIS. Particularly for the H-1B visa, demand has significantly outpaced supply in recent years. Every year, there are very strict deadlines for the acceptance of applications, and missing one means you won’t be allowed to be taken into consideration right away.

For foreign nationals with a legitimate job offer who want to work in the US, the H1B Visa is a fantastic alternative. I’ll go over the information you need to know about the H1B visa in this guide. With the H1B special visa, foreign nationals can work in “specialty jobs” in the United States that at the very least call for a bachelor’s degree or sufficient work experience to qualify:


architecture, engineering, mathematics, physical sciences, social sciences, medicine, health, education, business, law, accounting, theology, and the arts.


You might qualify for an H1B if there is a claim that the position demands a bachelor’s degree. Either full-time or part-time employment is possible. There are 65,000 H1-B visas available each year. For those with advanced degrees (masters, Juris Doctor, etc.) from US universities, an additional 20,000 H1Bs are available.

For up to three years, H1B visas are valid. There are other three-year extensions available, making the total validity term six years. The spouse and children of H1-B visa holders may accompany them. They would be considered H4 dependents. Holders of H1B visas are free to switch jobs. But they have to adhere to certain standards. Beneficiaries of H1B visas may also apply for permanent residency. This is because the visa has a dual purpose.


What are the benefits of the H1B visa?

  • Having an H1-B visa has several advantages. Here are a few examples:
  • It is lawful for you to work in the US.
  • The H1B visa program enables foreign people to work in specialized occupations in the US. This makes it possible for highly qualified people to live and work in the US. The recipients and the US economy both gain from this.
  • You can apply for permanent residence status concurrently.
  • A nonimmigrant visa is the H1B. However, you simply need to demonstrate “temporary entry” as opposed to demonstrating nonimmigrant intent, unlike the B, H2B, H3, and J1 visas. You must demonstrate that you will leave once your H1B status expires. You are not compelled to keep a residence abroad, though. Consequently, you may apply while you are in H1B status.
  • Your dependents can come to the US with you.
  • Your spouse and dependent children (who are under 21 and unmarried) are eligible for H4 status. This means they can come to the United States with you. Those with H4 status may attend school but are ineligible to work (subject to certain exceptions). Additionally, those with H4 status must be in the United States to join the principal worker. H4 status will be revoked if the visa holders are in the US while the principal H1B holder is usually absent abroad.
  • H1B visas have portability.
  • One big advantage of the H1B visa is the portability benefits. This means that if you are on an H1B and change employers, you can begin working for a different employer upon filing your new petition.


What conditions must be met for an H1-B visa?

The requirements for an H1-B visa are somewhat extensive. You can find out if you qualify for these provisions with the aid of an immigration attorney. Additionally, our office can assist you in gathering the necessary supporting documentation to establish your eligibility. Please be warned that individuals working on an H1B may be the subject of arbitrary site inspections. This is to guarantee that the data given to the US government was accurate.

A job offer from a US company is necessary. A legitimate job offer from the company is required for the beneficiary. This can be done by summarizing an oral agreement if there isn’t a written agreement. The beneficiary’s necessity must also be backed up by facts.

An actual employer-employee connection must exist. This is a necessary and significant requirement. There must be employer control for the employer-employee relationship to be legal. Control refers to the capacity of the petitioner to choose the time, place, and manner in which the beneficiary performs his or her tasks. If the recipient is neither an employee nor reports to the petitioner, USCIS will reject the petition.


USCIS will examine the following factors to determine if there is a valid employer-employee relationship

– if the petitioner supplies tools or other instruments to the beneficiary,

– if the petitioner can hire, pay, and fire the beneficiary,

– if the petitioner evaluates the beneficiary’s work,

– if the petitioner provides any employee benefits to the beneficiary,

– and if the beneficiary appears on the petitioner’s tax information.


When the beneficiary is off-site, it is difficult to support an employer-employee connection. However, if the petitioner manages the beneficiary’s work schedule and maintains regular communication, a legitimate relationship may emerge. An employee-employer connection may be demonstrated by a contract or other document outlining the terms and circumstances of the position.


There must be no labor problems at the location of business.

If there is a strike or other labor dispute at the beneficiary’s place of employment, USCIS will reject the petition. But if the petition has already been granted, the procedure will be put on hold, and you won’t be allowed to enter the country.

The position must be categorized as a specialized occupation.

A specialty occupation needs an understanding of a field, either theoretically or practically. to determine if your job

– The Department of Labor’s Occupational Outlook Handbook (OOH),

– The Department of Labor’s O*NET online system,

– and/or the Department of Labor’s Dictionary of Occupational Titles.


The emphasis is not on the job title but the job duties of the individual applicant. Here, the job description will be carefully analyzed. This includes the specific tasks, demands, duties, and actual requirements of the position.

Other factors to determine if the job is a specialty position would be:

– the beneficiary’s education and work experience,

– the nature of the petitioner’s business,

– the industry standards,

– salary (both of the beneficiary and the industry-standard),

– and the business size.


Additional elements could include:

– a job is done by former workers in the same position.

– as well as previous job postings for equivalent or comparable positions.


Even for positions with identical titles, USCIS may make a different decision. This is a result of USCIS’ emphasis on the duties and job description.


The position must call for a bachelor’s degree or above (or equivalent).


A bachelor’s degree (or above) in a particular subject of study linked to the occupation must be required for the position. Not all international degrees with the title “bachelor’s degree” are comparable to bachelor’s degrees awarded by US institutions.


A credentials examination of your foreign transcript and degree may be required by USCIS. This can help demonstrate that you meet the bachelor’s degree criteria for the H1B visa. The American is the most well-known credentials, evaluator.



Even if you lack the necessary academic credentials for the position, you may still be eligible for an H1-B visa. Combining education, training, and work experience can accomplish this. In this case, a petitioner would have to prove that the prior experience is equal to the required degree. The theoretical and practical application of specific knowledge must be present in your prior work. Evidence in favor of this includes:


– acknowledgment from authorities in your field,

– Publications of your own or about you,

– documentation of a license,

– proof of a substantial contribution to the field,

– CLEP or PONSI outcomes,

– and/or affiliation with a professional organization.