Frequently Asked Questions

h1b, Immigration Law, & More

Frequently Asked Questiong Regarding H1B, TN, EB2/3, and More

H1B FAQs For Employers

Who Can Sponsor an H1B Visa?

H1B can be sponsored by a company that is in the US or a multinational company that has operations and offices in the US. 

What are the employer obligations for an H1B Visa?
How can my organization register for the H1B lottery?
May an H1B be transferred from one company to another?

Yes! As long as the H1B worker is present in the US and has an 1-94 form and last 2 months pay stubs from their previous employer.

H1B FAQs for Employees

What are H1B qualifications?

In order to qualify for a job offer from a US employer who will sponsor your H1B petition, you should:

 

  • Have a US Bachelor’s degree or higher in the area of your specialty occupation from an accredited institution;
  • Have an equivalent foreign degree; or
  • Have experience through positions held in your specialty occupation equivalent to the completion of such degree.
Who must file the H1B Petition?

Your perspective employer will need to sponsor and file the H1B petition on your behalf. You are not able to file individually.

Can an H1B Petition be filed if I am overseas?

Yes! US employers offering you a position may file if you are currently employed or living outside of the US. 

What is the H1B process?

The H1B process entials 4 steps:

  1. Obtain an offer for employment from a US employer.
  2. US employer will file a Labor Condition Application (LCA) on your behalf.
  3. US employer will file an I-129 Form
  4. USCIS selects the H1B petitions in the H1B lottery until the overall H1B cap is reached.
What is the H1B Lottery?

The H1 B visa lottery is a system used by US Citizenship and Immigration Services (USCIS) to select individuals eligible for an H1B Visa from the pool of applicants. The maximum number of visas that can be issued each year is capped. Thus, the Department of State randomly selects applicants from this pool.

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