What are the Common Myths and Realities of H1-B Visas?

The H1B visa by far is the most sought after work visa for foreign nationals who desire to work and live in the US. However, there are several myths concerning the H1B visa program according to many immigration lawyers. 

Available around the year

There is a cap of 85,000 H1B visas every year following which the USCIS will not accept any more petitions. The filing period for H1B starts on April 1^st, every year for jobs that begin on October 1^st, the start of the USCIS’ fiscal year and closes once the cap of 85,000 is reached. You can file, cap-exempt H1B petitions, like change of employers, petitions from qualified exempt organizations, and H1B transfers at any time, all through the year, says immigration attorneys.

Educational qualifications needed for an H1B visa

A bachelor’s degree is required to obtain an H1B visa, although, the job offered to any foreign national requires a bachelor degree in a particular field which is the minimum you need to get a job. However, your educational qualification should be in accordance with the requirement of the job offered. For example, if you are offered jobs in the field of marketing and you have an AB in English Literature, and not in marketing, you simply don’t qualify for an H1B status.

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How soon you can start working in USA?

You can begin working in the US as soon as your employer files the H1B petition although it depends on your present immigration status in the country. In case you are under H1B status, and have been working in the US for your H1B employer and want to start working for a new employer, you can do so the moment your new employer files an H1B transfer application on your behalf. In other situations, you need to wait until the H1B is approved, before commencing work.

However, H1B remains employer specific which means you can only work for the employer who petitions for you. Another important aspect is that all H1B workers have to pay taxes on their income, the same as US workers, as well as pay for the same social security, state taxes, and unemployment.

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Termination of employment

America is a nation where the principle of ‘at-will’ employment is practiced and any person on an H1B visa is treated the same way as any other US worker. For the most part, an H1B visa does not carry with it guaranteed employment under any circumstances. Being subject to the employment regulations, a US employer has the right to fire an H1B worker so long as the H1B visa is valid. Your immigration lawyer will let you know about this.

However, if an employer dismisses an employee who is under an H1B visa, they will be held liable for the employee's reasonable costs for the return transportation to his/her home country, should the employee wish to return. As per immigration lawyers, if you happen to lose your job, you automatically forfeit your H1B status, unless you find a new employer ready to file an H1B petition on your behalf before you stop working.