VISA2US Blog

If you’re looking at obtaining an H-1B visa, you know that it’s a highly competitive goal. With more people applying than there are visas allocated, and a random lottery process on top of that, you need to ensure you follow all the steps to boost your odds of approval. Here are some of the top tips that will give you the best chance at one of these coveted H-1B visas.

As tech layoffs continue rising, many H-1B visa holders remain in limbo. Some are concerned that they’ll be the next to face the dreaded pink slip, while others are actively trying to look for a new employer to sponsor their visa. This problem extends to those seeking green cards, as labor certification approvals were recently paused. These delays in processing mean your H-1B visa deadline could expire before your green card application is entered into the system. What can you do while you wait? This article gives you some ideas to make this time in limbo more productive.

The H-1B visa is for foreign workers in specialty occupations, and the technology field clearly meets this definition. It’s not surprising that an overwhelming majority of these visas are given to those employed in the tech industry. Yet, this leaves the industry — and thousands of workers — prone to serious problems when the market causes substantial layoffs. That’s what is happening now, and if you’re one of the visa holders facing job loss, you’re not alone. The good news is that USCIS recognizes this is a mass issue, and they’re offering you hope.

Thousands of US companies employ H-1B visa holders every year. It’s a system designed to ensure the success of the country’s economy. But when your business is deemed “H-1B dependent,” you must follow particular immigration rules and regulations that are much stricter than the average H-1B employer. If USCIS or your lawyer has labeled you in this category (or close to it), keep these requirements in mind as you go through your daily routines.

When you sign your H-1B visa, you accept the terms provided by USCIS. Those terms stipulate that you’re only allowed to work for the employer listed on the I-129 form — the business that sponsored your visa. But when the salary they pay you isn’t enough for you to reach your financial goals, can you supplement that income in other ways? This guide explains how to stay within the terms of your contract and still make some side cash.

If you’re an employer who routinely hires foreign workers, you know it’s a time-consuming process. The opportunity to fill essential vacancies with skilled employees is valuable. Yet, the delays in processing mean you aren’t always meeting your deadlines. This is especially true now due to current events that are delaying approvals more than usual. You can help your business and team adjust to the delays while USCIS attempts to clear its backlog.

Since the pandemic, the process of obtaining a visa or green card has been significantly delayed. Some of these delays were unavoidable as a global shutdown forced everyone to stay home, regardless of the expiration date on one’s visa. However, other delays since the reopening of government offices were due to changing legislation, increases in applications, and outdated technology. 2022 brought with it the need for massive adjustments in USCIS’s processes, and as 2023 begins, the immigration specialists predict we’ll be seeing some much-needed improvements.

The time it takes to file and process a visa from start to finish is quite lengthy. Some petitioners end up waiting over a year for their paperwork to process and then longer for their interview. The COVID-inflicted backlog took an already time-consuming project and added even more delays. However, those visa petitioners who were placed on hold because of the pandemic are mostly caught up, allowing USCIS officials to catch up on new filers. 

When an employer extends a job offer to a foreign worker, it’s never done lightly. This action comes at a cost — payable to the US Citizenship and Immigration Services (USCIS) and the Department of Labor. Yet, although those fees can seem hefty when you’re the one paying them, USCIS operates on a constant backlog due to high operating costs. The fees have stayed consistent since 2016, but in 2023, a proposed rule seeks to help reduce backlogs by increasing fees and allowing the department to streamline its processes. 

It’s not a surprise to anyone that dealing with government bureaucracy and paperwork takes time. This is particularly true when it comes to the US Citizenship and Immigration Services, where a thorough evaluation of each applicant’s background is an essential part of the job. Yet, due to factors like limited budget and overhead and an overabundance of petitions, the delay of some H-1B Green Card applications are taking more time than even USCIS feels is reasonable. Because of this, some petitioners may receive automatic extensions of their Green Cards.