An employer can petition to have their company sponsored position be considered exempt from employment visa requirements. This is called an E2 work visa or, more commonly, an OEI (Offer of Employment) visa. Companies typically use this as an opportunity to recruit internationally so they can retain experienced staff members that are already working abroad.
By having someone already in the country doing the same job apply for this visa, it removes one of the employers’ obligations under immigration law. The employee being recruited does not need to prove financial independence, only that his/her current job offer is beyond their passport eligibility and that he/she has enough time left on their existing visa before it expires.
If you are looking to move abroad to gain professional experience, the H1B visa process may help you! There are many variables when it comes to applying for this visa, however, so make sure you know what things matter most to ensure your success. Luckily, we got all the information you need below.
An employer may petition to have their employee granted a work visa under the employment-based immigration program called H1B. This visa is typically referred to as an F-visa or nonimmigrant worker visa.
Only employers are allowed to file this type of visa request, so make sure to check if your potential employer has already filed one before agreeing to work for them!
The employer must prove that there are not enough qualified workers in America who are able to do the job, and that the position cannot be filled with Americans. If these two conditions are met then the consulate will approve the immigrant worker’s visa and permit him/her to enter into the country.
Once the visa is approved the new immigrant worker must register with the Department of Homeland Security (DHS) within seven days. The DHS will now monitor his or her activity in the US.
The process for getting an H-1B visa starts with you having enough money to prove that you have adequate resources to support yourself while in America. This is called proof of sufficient income or “pricing out”, which means proving that you can pay your bills while here.
It’s very common for employers to ask about how much money you make during the hiring process, but it is important to be aware of what information gets verified and what doesn’t. Make sure to check out our article: Why It Is Important To Check Your Employer Records Before Getting An Immigration Document.
Another requirement is being able to speak English well. While speaking some other language does not automatically disqualify you from coming to the United States, understanding simple conversations in this language will help you get around and do your everyday business!
There are also documents like ITRs (Internal Revenue Service Form 1099) and FBARs (Foreign Bank Account Report) that verify your income, but most people don’t need these until months after they arrive in the country.
The USCIS has set up an internal system to track applications for employment-based visas, such as the H-1B visa. This tracking tool is called the Electronic Application Processing System (EAPS).
The EAPS tracks all stages of the application process from initial receipt until approval or denial. It also keeps records of when each employee logs into the system and how long they have been active since then.
Since there are so many steps in the process, it can easily add length to what seems like an instantaneous application. However, this is very normal because most parts of the process drag out slightly more than expected.
This article will discuss some reasons why the H-1B process takes longer than anticipated and ways to manage your stress.
Finding work to do with your career is not easy, but it’s possible! There are many ways you can approach this. One of the most common routes is through educational institutions or via research positions.
The way to apply for such opportunities is by either submitting a CV/Resume or writing a cover letter detailing why you are suitable for the position. You can then send this along with some supporting documents (proof that you have money to support yourself while in the country, proof of employment, etc.).
The most common type of work visa for employers is the H-1B nonimmigrant worker (or “employer”) visa. This program allows an employer to hire a foreign national as a non-permanent resident employee.
Under this visa, each employee must be sponsored by their company or recruiter and include them as a third party beneficiary in their visa application. Once they have been approved, the immigrant can then begin working in the United States.
The process for obtaining an H-1B visa has three main stages. First, you will need to prove that your job offer is legitimate. Second, you will need to show that there are not enough qualified U.S. workers available for employment. If there are not enough qualified employees, it cannot be inferred that your sponsor intended to violate the terms of its own visa.
Thirdly, you will need to find willing sponsors. Only after all these steps have been completed can you apply for the visa. To keep up with current trends in immigration laws, talk to experienced professionals about how best to navigate the system.
To be eligible to apply for an employment-based green card, your principal employer must prove that they are trying hard to recruit local workers first.
This is called the “employment test” or “Affirmative Action Test”. If their efforts fail, then it is our opinion that they will not make sure that qualified locals accept their job offer, then they should look into hiring more immigrants.
This way, they set themselves up as looking less attractive to potential hires than other employers who did not put this policy in place.
What if there are no suitable candidates in the country where you want to work?
That is when things get tricky. The USCIS may ask why your current employer cannot find appropriate employees at home. They may even deny the petition and choose to refuse entry to the US if you do not have proof of such.
The Department of Homeland Security (DHS) can deny your H-1B petition if one or more of the following apply:
You made a false statement in your application. For example, you failed to disclose that you have been convicted of a crime.
You misrepresented who paid for your studies or whether you were paid at all while enrolled in school.
You overstated your salary when applying for employment after graduation.
You fail to provide sufficient proof of education qualifications or insufficient proof of work experience.
Your employer does not agree to accept you as a working professional. They may prefer someone with a local degree or no formal training at all instead of you.
You do not live in the country legally or consistently spend time there.
You lack motivation to start your career or show poor potential as a business person.
These are some examples of how common things like these can hurt your case. If any of these apply to you, make sure to bring the right documents and evidence to prove your innocence. We cannot tell you how to run your life, but we can help you navigate this process.
To get your H-1B visa, you must first prove to US Citizenship and Immigration Services (USCIS) that there is a shortage of qualified workers in your field and that employers are trying hard to recruit local candidates but they are not successful.
This is called the employer certification. You will have to provide proof of this through either certified letters or documents from direct interviews with hiring managers or other professionals in your field.
The second part of proving your employment eligibility requires you to show that you paid enough to live in America while working on the H-1B. This can be done in two ways: by showing receipts for expensive housing or self-paid expenses such as health insurance, tuition, or cell phone bills.
Another way to verify this is by having recent pay stubs which clearly state that you were earning at least $6000 per month. If you cannot produce these then it may go against you when applying for the visa.
