The H1B Visa Explained
In this article, you will learn:
- Important information about the H1B Visa
- What to know about the L1 and L2 Visa
- Possible changes which may affect immigration and Visas
The H1B Visa is a temporary employment-based visa for skilled employees, including many categories of jobs that qualify for it. You must fit into one of those categories to count as the right kind of skilled employee.
The Employer’s Requirement To Pay And Fill Out The Application For The H1B Petition
The employer must pay for filing the petition for the H1B Visa.
The Duration And Validity Of The H1B Visa
The duration of the H1B Visa is three years, and it can be renewed once.
Bringing Your Spouse And Children On The H1B Visa
Technically, they don’t get an H1B Visa, but you can bring your spouse and children who can get a separate visa.
Anticipated Changes To The H1B Program Under The Biden Administration
There are always some changes that are anticipated. So, the big thing that’s happened in the last few years, if you’ve ever sponsored someone or looked into getting an H1B before, is that they’ve changed the way the lottery process works. It used to be that you had to complete the whole application, and throughout the process, you had no idea until the end if you were going to get selected or not. Now, you pre-register, and they tell you who gets selected, and you only have to complete the application if you get selected in the lottery.
There have also been changes to the salary requirements. Those are pretty complicated, but what you’d want to discuss with an attorney is the salary requirements for the job you’re trying to hire for because they are a lot higher than they used to be. There’ve also been changes around what counts as an employer/employee relationship. So, for most employees, they don’t affect it, but if you’re a contractor working offsite of who is technically your employer, that might create some issues that need to be addressed.
The L1 Visa And Who It Is Intended For
The L1 visa is for managers or executives transferring within the same company to a position in the United States.
Bringing Your Spouse And Children On This L Visa
You can bring your spouse and children, but they get an L2, which allows them to come here under the age of 21.
How Long The L1 Visa Process Typically Takes
The USCIS publishes the process in times.
Why You Need An Attorney To Assist In Applying For The L1 Visa
You’re never required to have an attorney. Still, it’s always a good idea because the process is complicated, and I find that clients who have applied to do it themselves before coming to me have often made many mistakes that could have been avoided. It costs more time and money to fix those mistakes than having to do it right from the beginning.
What Applicants Should Know Regarding Any Changes That Have Taken Place Or Are Expected Under The L Visa
The general thing that you should always be aware of is that immigration is constantly changing. Anytime there’s a new president, they may vary a lot of policies. In addition, there’s always litigation going on in the courts trying to change one aspect to another, so by the time you’re reading any of this, it may be outdated. It would be best to talk with an attorney about the current situation. Concerning the most significant recent change, the USCIS had a lot of processing delays, and there’ve been some lawsuits over the processing delays, so it’s not changed for the L1 visa holders themselves, but for their spouses, there are new employment authorization procedures that are meant to speed that up.
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