How to prepare for the H-1B visa in 2022

In order to be an eligible employer, a business must have a Federal Employer Identification Number in the U.S., provide a professional job and pay fair wages. The employer must pay for any H1B visa-related attorney and immigration filing fees as part of its operating fees; inspection sometimes will check to see who paid the fees. 

One company cannot enter the same person multiple times into the H-1B visa lottery, but if an applicant has received multiple offers from different employers, those employers may separately register that applicant. 

If an applicant is “Selected,” in the lottery, they have been selected and may file a petition starting April 1. If they are “Submitted,” they have not been selected in the first drawing period, but remain in the lottery pool. The USCIS may draw names again if the number of petitions is too small, as was the case in the last two years when the lottery was drawn twice. In cases of “Denied,” applicants either have overlapping registrations or have an issue with the application fee and will be excluded from the lottery pool. 

Those not in the U.S. and overseas are also eligible to apply. It is not important where the applicant resides. 

The biggest deciding factor for a H-1B visa being granted is whether or not the job position fits the professional requirements outlined by H-1B rules. Other factors include whether the company actually exists, whether the applicant has maintained a valid immigration status, and whether an educational degree completed overseas is verifiable and appropriate. 

The USCIS also evaluates fair wages for an H-1B visa, and performs checks on wages in cases of an applicant changing or extending their immigration status. 

H-1B visas are granted for three years and can be used for up to six years. The only method to extend the past six years is if an application for a green card is already underway and under processing. 

If there are any major changes — including location or time of work, or wages — after receiving an H-1B visa, recipients must request an H-1B amendment. Visa recipients should be diligent about checking whether or not they should file an amendment for any changes, as a failure to do so may result in losing their status.

Law Offices of Gary J. Kim
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