Foreign workers and the H-1B visa

There are lots of different reasons why a foreigner would want to come to the US. One of the most common reasons is to work, in fact, there is a Visa called H-1B and it allows a US company to make a request to bring a foreign worker who meets requirements to perform specialized work locally.

For the H1-B Visa, it is the employer who makes the request on behalf of the worker since the employer must prove that the person is able to perform the job satisfactorily. It must also be proven that the company will take care of the worker while in the US.

This visa is granted only to people who have the skills to perform specialized work at a local company.

H-1B Petition Process

Previously, the worker and/or employer had to present general evidence such as:

• Bachelor’s degree.
• Training to perform specialized work.
• They must prove that the worker had prior knowledge and/or experience in the specialized labor.
• The employer must demonstrate that there were no local citizens trained to perform the required task.

However, the United States Citizenship and Immigration Service (USCIS) stated that the process to apply for this residence and work permit was very long and tedious and local businesses were waiting too long to receive a reply.

There have been changes to the H-1B visa application process to facilitate it, shorten the waiting time and save efforts for the employer and the government entities who are in charge of approving or rejecting these requests.

The USCIS said that the changes implemented were planned to reduce costs and effort mainly for of the employer making the application.

Changes to the H-1B Visa application

The steps that must be taken now in order to apply for the H-1B visa are the following:

• The registration process must be done electronically, which saves time for the employer. Online registration will be available from the 1st to the 20th of March.
• The employer must pay a total of $ 10.00 for each worker that he requires and for each electronic application he makes.
• Registration requires basic and minimum information of the foreign worker. For example: full name, date of birth, country of birth, passport number, inter alia.
• Now, electronic registrations will be selected and reviewed randomly.
• After the internal review, the USCIS will let the employer  know if the application has been selected.
• If the application is selected, the employer may complete the I-129 form within the next 90 days (if this time exceeds, you must re-register online).

The H-B1 visa application process is easier and more concise now, however, you do need to take the correct steps to avoid rejections from the USCIS.

If you are an employer or an employee and need help in making an electronic application for the H-1B Visa, do not hesitate to contact us for a FREE Consultation with one of our expert immigration attorneys. Alternatively, simply call Motion Law today at: (202) 918-1799.