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12 MYTHS AND REALITIES
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H1B US Visa: 12 Common Myths and Realities

Jul 18, 2015

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Page 1: H1B US Visa: 12 Common Myths and Realities

12MYTHS AND REALITIES

Page 2: H1B US Visa: 12 Common Myths and Realities

H-1B Visa program is surrounded by a lot of myths owing to its popularity.

Page 3: H1B US Visa: 12 Common Myths and Realities

H-1B Visa program is surrounded by a lot of myths owing to its popularity.

LET’S TAKE A LOOK AT THESE MYTHS AND LEARN

THE TRUTH ABOUT H-1B VISAS.

Page 4: H1B US Visa: 12 Common Myths and Realities

H-1B visas are available throughout the year.

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Page 5: H1B US Visa: 12 Common Myths and Realities

H-1B visas are available throughout the year.

The H-1B filing period begins on April 1st every year, and closes as

soon as USCIS receives sufficient petitions to meet the annual H-1B

visa cap of 85,000.

Once the cap is reached, the filing period will be closed and will

open again on April 1st during the next fiscal year.

NOTE: Cap-exempt H-1B petitions, such as H-1B transfers, change of

employers and petitions from qualified exempt organizations can be

filed at any time during the year.

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Page 6: H1B US Visa: 12 Common Myths and Realities

All foreign nationals are subject to the 85,000 H-1B Cap.

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Page 7: H1B US Visa: 12 Common Myths and Realities

All foreign nationals are subject to the 85,000 H-1B Cap.

Although there is an annual cap of 85,000 on new H-1B visas

beginning each new fiscal year on October 1, there are several

exemptions from that H-1B cap (cap-exempt petitions).

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Page 8: H1B US Visa: 12 Common Myths and Realities

I have a bachelor’s degree, so I qualify for an H-1B visa.

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Page 9: H1B US Visa: 12 Common Myths and Realities

I have a bachelor’s degree, so I qualify for an H-1B visa.

Not necessarily! A bachelor’s degree is only one of the

requirements for an H-1B visa. In addition:

• The job offered to you must require a bachelor’s degree in a

specific field as a minimum for entry into the position

• Your educational qualification must match the requirements of

the job offered to you

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Page 10: H1B US Visa: 12 Common Myths and Realities

To qualify for the H-1B visa, I have to prove that I intend to return to

my home country after my authorized stay in H-1B status expires.

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Page 11: H1B US Visa: 12 Common Myths and Realities

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To qualify for the H-1B visa, I have to prove that I intend to return to

my home country after my authorized stay in H-1B status expires.

The H-1B visa does not require non-immigrant intent, which means

that you can have an intention to apply for permanent residence

(i.e. Green Card) in the U.S. and still obtain an H-1B visa.

The H-1B visa supports the doctrine of dual intent.

Page 12: H1B US Visa: 12 Common Myths and Realities

Only large companies may obtain H-1B visas for their employees.

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Page 13: H1B US Visa: 12 Common Myths and Realities

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Only large companies may obtain H-1B visas for their employees.

This is absolutely not true. An employer of any size may petition for

an

H-1B employee, as long as the organization:

• Is a U.S. entity, and

• Has an Employer Identification Number issued by the Internal

Revenue Service (IRS)

Page 14: H1B US Visa: 12 Common Myths and Realities
Page 15: H1B US Visa: 12 Common Myths and Realities

IT'S EASY.

Page 16: H1B US Visa: 12 Common Myths and Realities

IT'S EASY.

Page 18: H1B US Visa: 12 Common Myths and Realities

The U.S. employer has to prove that it has attempted to recruit U.S.

workers through advertising before filing the H-1B petition.

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Page 19: H1B US Visa: 12 Common Myths and Realities

The U.S. employer has to prove that it has attempted to recruit U.S.

workers through advertising before filing the H-1B petition.

U.S. employers are not required to prove that they have attempted

to recruit U.S. workers before filing the H-1B petition for the foreign

national.

The only exceptions are H-1B ‘dependent employers’.

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Page 20: H1B US Visa: 12 Common Myths and Realities

I can start working as soon as my U.S. employer files the H-1B petition.

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Page 21: H1B US Visa: 12 Common Myths and Realities

I can start working as soon as my U.S. employer files the H-1B petition.

It depends on your current immigration status in the U.S.

i. If you are already under H-1B status and are in the U.S. working

for your H-1B employer, you can begin working for a new

employer as soon as the new company files an H-1B transfer

petition on your behalf.

ii. In other scenarios, you have to wait for the H-1B approval

before legally starting to work.

7

Page 22: H1B US Visa: 12 Common Myths and Realities

I am in F-1 status with an Optional Practical Training (OPT) work

permit that expires on August 1. My employer wants to file an H-1B

petition for me. This means I have to stop working on August 1 until

October 1 when the H-1B status kicks in.

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Page 23: H1B US Visa: 12 Common Myths and Realities

I am in F-1 status with an Optional Practical Training (OPT) work

permit that expires on August 1. My employer wants to file an H-1B

petition for me. This means I have to stop working on August 1 until

October 1 when the H-1B status kicks in.

Under current rules, if your H-1B petition is filed before your F-1

OPT expires, you may continue working after the OPT expires.

8

Page 24: H1B US Visa: 12 Common Myths and Realities

Eduardo, a national of Brazil, graduated from a U.S. university in

June 2014. He timely filed for and received Optional Practical

Training (OPT) for one year. His U.S. employer is happy with his

performance and wants to keep him. Eduardo’s OPT expires July

26, 2015. His employer files an H-1B petition for him on April 1,

2015, for an October 1, 2015 start date, the earliest date an H-1B

is available for Eduardo.

Does Eduardo have to stop working on July 26, 2015 when his

OPT expires and return to Brazil until he can start working on

October 1?

Page 25: H1B US Visa: 12 Common Myths and Realities

Since his employer filed an H-1B petition for Eduardo before his

current F-1 status (with OPT) expired, Eduardo qualifies for the

‘cap gap’ rules.

The cap gap rules automatically extend his OPT until October 1,

allowing him to remain in the US and to continue working until

his H-1B kicks in.

Page 26: H1B US Visa: 12 Common Myths and Realities

Once I have an H-1B visa, I can work for any employer.

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Page 27: H1B US Visa: 12 Common Myths and Realities

Once I have an H-1B visa, I can work for any employer.

H-1B is employer specific, which means you can only work for the

petitioning employer.

If you want to also work for another employer, the new employer

must file a concurrent H-1B petition for you.

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Page 28: H1B US Visa: 12 Common Myths and Realities

I cannot travel outside the United States while I am on H-1B.

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Page 29: H1B US Visa: 12 Common Myths and Realities

I cannot travel outside the United States while I am on H-1B.

Absolutely wrong! You can travel in and out of the U.S. freely as

long as you have a valid H-1B visa stamped in your passport.

10

Page 30: H1B US Visa: 12 Common Myths and Realities

H-1B workers do not have to pay U.S. taxes.

11

Page 31: H1B US Visa: 12 Common Myths and Realities

H-1B workers do not have to pay U.S. taxes.

All H-1B workers are required to pay the same taxes on income as

U.S. workers. They pay the same social security, unemployment and

state taxes.

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Page 32: H1B US Visa: 12 Common Myths and Realities

My employer cannot terminate me from employment as long as my

H-1B is valid.

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Page 33: H1B US Visa: 12 Common Myths and Realities

My employer cannot terminate me from employment as long as my

H-1B is valid.

Incorrect! The U.S. is an ‘at-will’ employment nation and those on

H-1B fare no better or worse in this regard as compared to U.S.

workers.

There is no such thing as guaranteed employment based on an H-

1B visa.

12

Page 37: H1B US Visa: 12 Common Myths and Realities

About VisaPro

VisaPro was established in October 2002 with a dream to

provide exceptional U.S. immigration legal services at

reasonable costs to companies and individuals around the

globe and today we are proud to say that we have succeeded.

VisaPro offers services in the following areas:

Page 38: H1B US Visa: 12 Common Myths and Realities

About VisaPro

VisaPro was established in October 2002 with a dream to

provide exceptional U.S. immigration legal services at

reasonable costs to companies and individuals around the

globe and today we are proud to say that we have succeeded.

VisaPro offers services in the following areas:

Investor and Entrepreneur Advisory Services

Page 39: H1B US Visa: 12 Common Myths and Realities

About VisaPro

VisaPro was established in October 2002 with a dream to

provide exceptional U.S. immigration legal services at

reasonable costs to companies and individuals around the

globe and today we are proud to say that we have succeeded.

VisaPro offers services in the following areas:

Investor and Entrepreneur Advisory Services

Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN

Page 40: H1B US Visa: 12 Common Myths and Realities

About VisaPro

VisaPro was established in October 2002 with a dream to

provide exceptional U.S. immigration legal services at

reasonable costs to companies and individuals around the

globe and today we are proud to say that we have succeeded.

VisaPro offers services in the following areas:

Investor and Entrepreneur Advisory Services

Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN

Investor Visas: E-1, E-2, EB-5

Page 41: H1B US Visa: 12 Common Myths and Realities

About VisaPro

VisaPro was established in October 2002 with a dream to

provide exceptional U.S. immigration legal services at

reasonable costs to companies and individuals around the

globe and today we are proud to say that we have succeeded.

VisaPro offers services in the following areas:

Investor and Entrepreneur Advisory Services

Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN

Investor Visas: E-1, E-2, EB-5

Green Cards

Page 42: H1B US Visa: 12 Common Myths and Realities

About VisaPro

VisaPro was established in October 2002 with a dream to

provide exceptional U.S. immigration legal services at

reasonable costs to companies and individuals around the

globe and today we are proud to say that we have succeeded.

VisaPro offers services in the following areas:

Investor and Entrepreneur Advisory Services

Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN

Investor Visas: E-1, E-2, EB-5

Green Cards

Employer Immigration Compliance

Page 46: H1B US Visa: 12 Common Myths and Realities

Washington, DC

1050 17th Street NWSuite 1000

Washington, DC 20036

New York

520 White Plains Road Suite 500

Tarrytown, NY 10591

1100 S Hope St.Suite 103

Los Angeles, CA 90015

Los Angeles

“I have had the pleasure of working with the staff at VisaPro. Their knowledge,

professionalism and overall pleasantness made my job much easier. They assisted me

every step of the way in applying for an H1B Visa, I could not imagine getting through

this process without them. I would highly recommend VisaPro to anyone applying for

a Visa. I would most definitely use VisaPro again”

Beverly Brawer,

United States Luggage Company LLC

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