The H1B visa is a nonimmigrant visa for those who want to work in specialty jobs in the United States. A bachelor’s degree or above is required for a “specialty occupation” according to the H1B visa rules. When an employer files a labor condition application for a post, the H1B visa application procedure begins. The employer must next file a Form I-129 on behalf of the foreign worker, together with the approved LCA. Each fiscal year, there is a quota of 65,000 H1B visa numbers available. H1B status is usually granted for three years. An H1B visa extension of up to three years may be granted. H4 visas are available for dependents. 


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Here’s more information on H-1B visa blogs:

Complete Process and Guidance on When to File an Amended H-1B Petition

USCIS Grace Period for H1B Visas 60 days

H1B Application approval things to know

Lottery for H-1B Visas (How Does It Work?)

H-1B 60-Day Grace Period: How Long Can an H-1B Worker Stay in the U.S.

WFH for H1B, new LCA needed; amendment required


Depending on your abilities, education, and occupation, there are numerous alternatives for immigrating to the United States through your job. The various selections are referred to as “preferences”:

Preference 1:

Individuals who fall within the first category are:

  • Aliens of Extraordinary Ability (EB1A): This category allows individuals to sponsor themselves if they can establish that they are at the top of their area (for example, by media recognition, a high salary, or other requirements). In reality, you can self-sponsor in this category without the help of a company.
  • Outstanding Professors and Researchers (EB1B): This category is for individuals who can demonstrate that they are top-tier researchers (for example, through extensive publication in scholarly journals or significant research contributions and citations), and it requires tenure-track, tenured, or permanent employment. This is an application submitted on your behalf by your employer.
  •  Multinational Executives and Managers (EB1C): This category is for people who have worked in a managerial or executive role abroad for at least one year and are being moved to the US to work in a similar position for a related organization.
Preference 2:
  • A second preference is given to individuals with a master’s degree or equivalent or those who can demonstrate exceptional skills. Unless the chosen individual can do one of the following, a labor certification is usually necessary (i.e., the company advertises the position and shows that they are unable to find a minimally qualified U.S. worker).
  • Prove that their work is in the public interest.
  •  Demonstrate that they will work in a Schedule A occupation, which currently only includes physical therapists and nurses.
Preference 3:

Labor certification is required for all applications in this category. The following employees are given priority:

  • Professionals: People who will be working in a job that demands a bachelor’s degree or above.
  • Skilled workers: Those who will be doing work that requires at least two years of training or experience.
Preference 4: Religious Workers

If you wish to work as a religious worker in the United States, you may obtain a nonimmigrant visa either temporarily (R-1) or permanently (EB-4 Special Immigrant Religious Workers).

  • Have an offer of employment of a religious nature, such as a priest, minister, religious professional, or in a religious vocation
  • Have all the qualifications required for that employment
  • Two years of membership in the religious organization or denomination

Furthermore, the sponsoring employer must be a religious nonprofit organization. A candidate must meet the above qualifications as well as have two years of experience in the position to be eligible for the EB-4 Special Immigrant Religious Worker green card.

Foreign nationals who spend at least $1.8 million in a U.S. firm (or $900,000 in specified high-unemployment areas) and employ 10 or more U.S. workers are eligible for investor visas. Each year, only 10,000 certificates are awarded.

Preference 5: Investors

Foreign nationals who spend at least $1.8 million in a U.S. firm (or $900,000 in specified high-unemployment areas) and employ 10 or more U.S. workers are eligible for investor visas. Each year, only 10,000 certificates are awarded.


Using a bench-and-change approach, two American investigative structures were transformed into two IT staff companies, resulting in the arrest of four Indian-Americans. The system is used to fool the H-1B visa application process. The United States Department of Justice says the four can face a maximum sentence of five years in prison and a $250,000 fine.

Obtaining H-1B is a lengthy process because such activities are considered to be temporary assignments.

Labor Condition Applications (LCA’s) for immigrant workers must be sent to the Department of Labor. The employer will then continue to submit Form 129 to the Department of Homeland Security once the LCA has been authorized. Finally, if the application is approved right away by the US Citizenship and Immigration Services,

This lengthy process frequently takes several months before employees can be certain whether their application has been handled in a rewarding manner. H-1B employment firms help businesses find qualified employees, and they often receive a portion of the worker’s salary for some time in return for their services.

Here’s more information on H-1B visa blogs:

How do extensions and renewals for H1B visas work?

What are the rules on H1B Renewal

How 2022 H1B Lottery will work

Visa for spouse of an H1B person

Concurrent H1B regulations

Obtaining visas for work under COVID


Labor companies have taken advantage of the system to cut down on wait periods and gain an unfair advantage in acquiring an H-1B visa. This pandemic is wreaking havoc on the IT industry, which is desperate for competent workers.

 This labor agency fills out H-1B applications for its international clients without ever finding them work. To deceive various agencies in the visa system, the agency fabricates data about its clients. The affidavit states that documents such as fraudulent service contracts, job declarations, and employment assurances persuade officials to assume that such a “special position” exists and that the applicant has already earned it.

As a result of regulating the process, a “bench” of phony outsourced workers is formed. Employers can have this updated as needed without having to go through a lengthy process.

While tightening the bar on even legitimate H-1B petitions, Trump administration officials also took a significant step in the fight against visa fraud.


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