H1-b Visa

By Tiara

The title of this article is pretty straightforward – can you be sponsored to come into the United States as an immigrant worker? An H-1B visa allows employers to hire workers for jobs that cannot be filled by Americans only.

The more common term for these visas is “work visa” because it typically implies people are looking to work in America, not establish business relationships or take advantage of American health insurance.

However, some individuals use the word “immigrant” to describe themselves and their goal, which differs slightly from what the average person thinks when they hear the word “visa.” This article will talk about whether it is possible to apply for an H-1B visa with a fraudulent purpose.

There is no rule stating you must tell immigration officials your true intentions while applying for an H-1B visa, so there is nothing legally wrong with lying to them. It is just socially unwise to do so.

Who can apply for an H1b visa?

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An employer may petition to have their employment offer accepted under the H-1B visa program if they are able to prove that no qualified, eligible individuals in America are willing to accept the job position.

The second part of this definition is important to understand. It requires proof that there are not enough qualified people in America who are looking for the same position. This looks at things such as whether there are already more than half of the required positions filled or whether there are too many candidates competing for the position.

If there are not enough qualified professionals, then it becomes our duty to help find one! Becoming involved in your community and sharing knowledge and expertise will draw new opportunities your way.

What are the requirements?

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To qualify for an H-1B visa, your employer must show that there are no qualified workers in their country of employment to do the job and that they have tried every possible option to recruit or hire locals but it is impossible.

If both these things are not true then you can apply for an H-1B visa!

It is very important to note that employers cannot use being able to pay more money as a reason to apply for this visa. If someone has made promises about higher wages, it may be fraud so don’t believe them unless you are sure those promises are legit.

What are the consequences of not meeting the requirements?

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The first thing to note is that if you do not meet the H1B visa requirement for employment, your stay in the country will be short. You can only remain in the US for up to six months unless you have an approved job offer or are working under a work permit/visa.

After this time has passed, you must leave the United States or apply for another type of visa (for example, a non-immigrant visa). It is very important to understand that leaving and reentering the country does not make sense unless you have legal permission to be here!

It also cannot be repeated that staying longer than 6 months without a valid job contract is illegal. If you violate these rules, you could face serious penalties including fines and imprisonment.

If you are already in the USA when you realize that you do not have enough money to return home, you can look into applying for asylum. This applies even more so if your life is in danger back home because of your nationality, political affiliation, or religion.

How do I apply for an H1b visa?

Now that you are ready to move forward with your career, it is time to look into getting an H1B visa! This article will go over all of the steps for applying for this visa. Make sure to check out our tips before jumping in there!

When looking into how to get an H1B visa, what things matter most are the employment forms (E-Forms), the employer documents, and the employee documents. These can make or break your application, so be careful who you trust!

We have gathered all of these information here for you, so that you know just as much as we do! From gathering evidence to finding proof of employers’ qualifications, everything has been done for you.

What are the alternatives to an H1b visa?

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There is very little chance you will run into issues if you are not able to work while on your H1b visa. If this happens, you can apply for another visa or employment permit (such as working under a work visa).

Alternatively, staying in Canada longer than six months may require you to be sponsored by a recruiter who can vouch for you as an employee. This sponsor must do so within two weeks of you starting work though- otherwise you could face deportation!

There are also various types of temporary visas that allow workers to come to Canada. For example, there’s the Working Holiday Maker VISA, which allows individuals over the age of 18 to spend up to one year in Canada as a seasonal worker.

What is a TN visa?

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A Non-Immigrant (TN) Visas are typically referred to as “Tourist Visas” or even more commonly, “Business Tourist VISA.” This type of visa allows its holder to enter America for a limited amount of time to visit a destination or business site within United States borders.

A Business Tourists must have an appropriate level of funding to cover their stay in the U.S., but they are not allowed to work while on a tourist visa. They can however, apply for employment authorization once they arrive in the country!

There are some conditions that determine if you qualify for this visa category. You will need to make sure your trip is purely for tourism and not working related activities.

Also, you will have to prove that you do not already hold any other visas which would allow you to work in America. If you do, then you cannot use those visas until your current one has expired.

Who can apply for a TN visa?

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A Tier 1 (General) visa is known as a “Non-Immigrant” visa. This means that you do not need to live in America while applying for this visa, nor does it require a trip to the United States. You only have to be present at your departure airport for the visa to be processed!

This also makes sense because most professions require you to travel frequently for business. Therefore, if you are an expert in your field and know many of the languages spoken in America, then you are already qualified under the general visa category.

However, there is one small caveat with this visa – employers must use their job offer letter as proof that they intend to hire you directly from the source country. If their letter doesn’t clearly state this, then the consulate may assume that they will find you locally or through an agency. Both cases would pose issues when trying to get an H1B transfer or employment authorization.

What are the requirements?

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The second category of employment visa is for highly skilled workers. This includes professionals, engineers, IT specialists, and other similarly trained individuals. To be able to qualify you must have at least a bachelor’s degree or higher, AND You Must Have Been working in your field (or something close) as of December 31st, 2021!

This doesn't necessarily mean that you can’t work while on an H1B, but it does require proof that you will remain in the workforce after January 1, 2022. If you don’t have adequate proof of this, then you won’t be eligible for an extension or transfer of status.