Dark
Light
Today: April 17, 2024
Czechs travel visa-free USA
June 20, 2017

Unraveling the Top H1-B Visa Myths

New imminent changes to the U.S. Government’s H1-B visa program has created confusion — and in some quarters, panic — about what may be on the horizon. To help separate fact from fiction, I’ll unravel some of the top H1-B visa myths for Czech and international travelers to the U.S.:

Myth: H1-B visas can be petitioned any time of year.

Truth: United States Citizenship and Immigration (USCIS) sets a cap of 85,000 H1-B visas each year, and the petition filing period only runs from April 1 to October 1. However, if the aforementioned 85,000 cap is reached before October 1, no further petitions will be accepted until the following year.

Myth: Petitioners with a bachelor’s degree qualify for an H1-B visa.

Fact: It is not enough for petitioners to have a bachelor’s degree. The job they are offered must require a degree, and furthermore, the areas of specialization must match. For example, if the job offer requires a bachelor’s degree in computer science, then a petitioner must have this type of degree and not one in education or finance.

Myth: Petitioners must affirm to USCIS’s satisfaction that they will depart the U.S. when their H1-B visa expires.

Fact: Unlike other types of work visas, the H1-B visa program allows petitioners to have “dual intent,” which means that they can declare their intention (without obligation to follow-through) to apply for a Green Card while working and residing in the U.S.

Myth: Only large enterprises like Google and Apple can obtain the H1-B visa for their foreign employees.

Fact: While many big companies do avail themselves of the H1-B visa program, the truth is that any-sized company, provided that it is a U.S. entity and has been issued an Employer Identification Number by the Internal Revenue Service, can petition for an H-1B worker.

Myth: Once a petitioner is granted an H1-B visa, he or she may work for any employer in the U.S.

Fact: A petitioner may only work for the specific employer who filed the H1-B petition to hire them. If the petitioner wishes to work for another employer, then the new employer must file a petition per all prevailing rules and regulations.

Myth: H1-B petitioners cannot be fired like other employees.

Fact: Provided that no employment or other civil rights laws are breached, H1-B petitioners, can be fired at any time — just like any other employee. If this happens, then their H1-B visa status will be terminated. If they choose to return to their country (i.e. if they cannot find another job/employer as noted above), their ex-employer is responsible for paying their reasonable travel costs.

Myth: An H1-B petitioner must remain in the U.S. Leaving the country for vacation, or other purposes will invalidate their visa.

Fact: Petitioners may travel in/out of the U.S., provided they have a valid H1-B visa stamped in their passport.

Learn More

To learn more about the H1-B visa program — and separate facts from fiction — contact a qualified and experienced H1-B attorney. Considering what’s at stake, it will certainly be time and money well spent for all involved: H1-B employers and H1-B employees alike.

video conference
Previous Story

Choosing a Video Conferencing System: Handy Checklist of Factors

Hyderabad cousines
Next Story

Hyderabad: A Paradise for Every Foodie

Latest from Education

Go toTop

Don't Miss

New EU laws

Applying for Spouse Schengen Visa

Visiting any country is hard as one must follow certain
new york city

4 Tips For Relocating To New York City

Typically, the thought of relocating to one of the famous