The application process for the H-1B visa begins today, according to USCIS companies can now file for worker visas for FY 2022 by logging in to the online system.

A press statement issued by USCIS states that the application registration will close on the 25th of March 2021 and the lottery will be drawn between March 25 and March 31. From the first lottery, 65,000 regular quotas will be selected. After that, 20,000 from the second lottery will be selected from the second lottery.

Those selected will be able to apply for a visa from April 1. Applications can be submitted by June 30. USCIS will not accept delayed applications.

The US government has been issuing H-1B worker visas to 85,000 people every year.

Who is eligible for the H1-B visa?

who is eligible for the H1-B visa

Employers can offer jobs to foreign talents who are highly skilled and hold either a bachelor’s or master’s degree from an American University.

The US H1-B visa is designed to be used for staff in specialty occupations. The job must meet one of the following criteria to qualify as a specialty occupation:

  • Have a minimum entry requirement of a Bachelor’s or higher degree or its equivalent. 
  • The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree. 
  • The employer normally requires a degree or its equivalent for the position. 
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

What qualifications are required?

For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

  • Have completed a US bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university. 
  • Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation. 
  • Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment. 
  • Have education, training, or experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Positions that are not specialty occupations, or for which the candidate lacks the qualifications/experience for an H1B visa, may be filled using an H-2B visa.

How long will my H-1B visa be valid?

The H-1B visa is initially granted for up to three years, but may then be extended to a maximum of six years.

Even though the H-1B visa is a non-immigrant visa, it is one of the few US visa categories recognized as dual intent, meaning the H-1B visa holder can apply for and obtain a US Green Card while in the US on an H-1B visa. If you are still in the US on an H-1B visa and wish to remain in the US for more than six years, you can apply for the Green Card.

Can my dependents apply?

H-1B visa holders can bring their spouse and children under 21 years of age to the US under the H-4 Visa category as dependents. An H4 Visa holder is allowed to remain in the US as long as the H-1B visa holder remains in legal status.

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