Debunking Common Myths About the H-1B Visa

The H-1B visa allows workers from foreign countries to come to the U.S. and temporarily work in specialty positions. This visa is a vital tool for companies in various industries. Despite its importance, there are many myths about the H-1B visa. These myths can lead to misunderstanding, confusion, and poor decision-making. This article debunks some common myths about the H-1B visa.

Myth #1: Only IT Companies Use the H-1B Visa

One prevalent myth is that the H-1B visa is only used by technology companies. While it is true that many IT companies hire individuals through this visa program, it is not exclusively for tech companies. The H-1B visa allows U.S. employers to hire workers from foreign countries in specialty occupations requiring theoretical or technical expertise, including IT, science, engineering, education, architecture, and medicine.

Myth #2: H-1B Visa Holders Deny Americans Jobs

A common belief is that H-1B visa holders take away American workers’ jobs. This is not true, as H-1B visa holders are meant to do jobs that require specialized knowledge and skills that may not be readily available in the U.S. labor market. Companies hiring H-1B visa holders often conduct extensive recruitment efforts to find American candidates first. If they can’t find suitable local candidates, they turn to the H-1B program.

Myth #3: H-1B Visa Holders Receive Less Pay Than Their American Counterparts

This is not true. Employers with H-1B visa workers must pay them the same wage they pay other similarly situated workers or the prevailing wage for that job in the employment area, whichever is higher. The H-1B visa program does not invite workers to enter the labor market at a lower cost.

Myth #4: H-1B Visas Can Be Extended Indefinitely

Once granted, the H-1B visa allows an employee to stay in the U.S. for up to three years. This visa can be extended for up to six years. Only under certain conditions can a H-1B visa be extended beyond six years.

Myth #5: H-1B Visa Holders Cannot Change Employers

It is not true that H-1B visa workers are tied to their sponsoring employers and are not allowed to change jobs. A H-1B visa holder can change employers under certain conditions. To change employers, the new employer must file a new Form I-129 petition with the USCIS.

Myth #6: H-1B Visa Holders Cannot Apply for a Green Card

Another common myth is that H-1B visa holders cannot apply for a green card. This is not true. H-1B visa holders can apply for a green card through employment-based immigration categories like EB-2 and EB-3.

Myth #7: H-1B Visas Are Available Throughout the Year

The truth is that H-1B visas are only available for a limited period every year. The USICIS typically opens the application window for H-1B visas on April 1st every year for employment that starts on October 1, the USCIS fiscal year. Additionally, there is a cap on how many H-1B visas are issued annually. Currently, the cap is 65,000 visas, plus 20,000 additional visas for certain applicants.

Contact Us for Legal Help

If you have questions or need help with the H-1B application process, contact our New York City business immigration lawyer at The Law Offices of Elsa Ayoub, P.L.L.C.

Source:

uscis.gov/working-in-the-united-states/h-1b-specialty-occupations