H-1B Visa Transfer Qualifications & H-1B Visa Transfer Documents

Individuals with H-1B visa status, or previous status, have the ability to transfer to a different employer. The visa holder does not have to receive permission from the former employer for the H-1B visa transfer, though the individual does need to follow non-compete laws or any other contractual agreements the individual might have conceded with the employer.

In order for the H-1B holder to change employers, the new employer is required to submit an H-1B visa transfer petition with the USCIS. The H-1B visa holder cannot file on his/her own behalf. It is important for the individual to not have conducted any unlawful acts in the U.S. or violated his or her status. Otherwise, the petition will most likely be denied. Check for H1B Visa Process in UT Evaluators

H-1B Visa Transfer Qualifications:

A. The individual must start employment on the date indicated on the H-1B transfer petition submitted with USCIS. The individual must be under H-1B status.

B. The individual has the opportunity to start working the day the employer receives the receipt from the USCIS.

C. If the individual has incurred a gap in employment (ceased employment with H-1B employer prior to transfer), it is advised to file premium processing

D. The individual is obligated to provide pay stubs as evidence of employment, however, it is possible to submit other documentation i.e. a letter from H-1B employer or leave of absence letter.

In some instances, it may be difficult to determine whether you adhere to the qualifications. If that’s the case it’s best to contact our H-1B transfer attorney so we can explain the qualifications in depth.

H-1B Visa Transfer Documents:

Like with all immigration actions, there are many documents that must be acquired and filled out comprehensively in order to start the bureaucratic process of transferring your H-1B status to a new job. There are transfer documents required from both you, the H-1B holder, and your employer sponsor. For H1B Visa Evaluation Visit here

H-1B Visa Holder:

A. U.S. visa, I-797, and I-94

B. Resume

C. Paystubs, letter from employer, or leave of absence letter

D. University Degree

E. University Transcript

F. Academic Evaluation

G. Letter of Recommendation

U.S. Employer:

A. Letter of position containing the job title and salary. It must be signed by the employer and H-1B visa holder.

B. An in-depth description of position responsibilities and duties.

C. Marketing material from company

D. Financial statements, annual reports, or business plans

The Timeline Of The H-1B Cap

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It’s no secret, the H-1B visa is one of the most popular visas available. When you look at the relatively simple eligibility requirements, the long duration of stay, and the visa’s portability, it’s easy to see why this is the case. However, one of the major impediments to obtaining this visa is the H-1B cap. In this article, we will discuss why the H-1B has an annual cap, how it works, and what you should do if you are selected.

The H-1B cap is a numerical limit placed on the amount of foreign workers authorized to work in the United States annually under H-1B status. The H-1B cap was created with the Immigration Act of 1990. The act was meant to allow the employment of non-immigrant visa participants by a U.S employer. The cap initiated on October 1, 1991 and had first reached its maximum of 65,000 in 1997. Check for H1B Visa Process in UT Evaluators

In October of 1998, the American Competitiveness and Workforce Improvement Act (AC-21) sought to increase the cap in order to meet U.S. hiring needs. The act was approved and had temporary increased the amount of available H-1B visas from 65,000 to 115,000.

Though the quota was further pushed to 195,000 by the 21st Century Act in 2000 to accompany an even greater demand for workers. However this number did not remain at 195,000, in 2004 the H-1B quota was reorganized back to 65,000 visas available.

The H-1B Visa

In 2004 the cap was reached less than five months after opening date. Ever since then the cap has reached maximum within months after opening. Currently, the H-1B Cap dedicates 6,800 of the 65,000 H-1B1 visas for citizens of Chile and Singapore. This exception exists because Chile and Singapore are listed under the free trade agreement.

Any unused H-1B visas from the Chile and Singapore category are added to the next fiscal year. These H-1B visas are distributed in the first 45 days of the next fiscal year which actually allows for the USCIS to grant more than 65,000 H-1Bs. For H1B Visa Evaluation Visit here

The Master’s Cap

Additionally, anyone who has a master’s degree or higher (advanced degree) in their field will have their petition entered into the master’s cap. This is an addition to the cap of 20,000 slots (essentially bringing the total cap to 85,000 available visas). Petitions will be chosen from among all other petitions for those with advanced degrees.

Any that are not chosen will be re-entered into the regular cap of 65,000 which takes place afterward. Essentially, this means that your petition will have two chances of being selected. This is the only way that you can increase your odds of selection in the H-1B cap.

The three main requirements for the master’s section of the H-1B cap are:

A. You must have received your master’s degree from a U.S. institution

B. That institution must be accredited by a nationally-recognized agency

C. The institution must be either public or non-profit

What Are The Requirements For H-1B Visa

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The H-1B visa is a nonimmigrant visa (temporary visa) that is designed for those with specialty occupations to work in the U.S. If granted, you will be able to work for an initial period of three years with the opportunity to get an extension for three more years for a six-year maximum.

If you meet the H-1B requirements, then your employer (not you) must file an I-129 petition with the USCIS on April 1st of the year that you wish to start working. Due to the overwhelming number of petitioners that apply each year, your petition will be entered into an annual lottery in which only 85,000 petitions will be randomly selected in two caps. Check for H1B Visa Evaluation in UT Evaluators

The first cap has 20,000 slots available for those with advanced degrees. Any petitions for those with advanced degrees that were not selected in this master’s cap will be resubmitted to the regular cap of 65,000, giving them a second shot at being selected. The only way to avoid this cap is to have a job that is for an institute of higher education, a non-profit organization that is associated with an institute of higher education, or a governmental research organization. Also, if you have already been counted against the cap, all subsequent petitions will be considered cap-exempt.

If your petition is selected, then it will be processed. If it is then approved, then you will be able to start working on October 1st of the year that you petitioned. This all goes into the overall H-1B requirements because, even if you meet all the qualifications, your petition must still be chosen in the lottery.

LCA

It is also important to remember that each H-1B visa applicant also needs to have their employer file for a Labor Condition Application (LCA) on their behalf. This is similar to the PERM Labor Certification needed for employment-based green cards, but it is a bit less involved.

To obtain an LCA, the employer needs to make four attestations that serve as requirements:

A. That the prevailing wage has been determined for your position in your geographic area and the employer willpay  you this wage as a minimum for your position. For H1B Visa Process Visit here

B. That your employment will not be detrimental to the workers currently working for the employer.

C. That no strike is currently taking place. Essentially, the employer must show that you will not be replacing striking workers.

D. That all of the workers currently employed with the employer have been notified of the intention to hire you.