Blog posts tagged in H1B visa
Much ink has been spilled in recent months regarding the H1B visa, which is an employment-based non-immigrant visa that allows specialized professionals to work in the U.S. if sponsored by the relevant company. The current administration has made it clear that a reduced flow of such visas is a priority and, as such, there is a significant amount of misinformation surrounding the H1B visa as of this writing. If you are in a situation where you may apply for or receive one, it is important to understand the truth.
H1Bs Are Limited
Unlike many other visas, the H1B category is perpetually limited and oversubscribed, with demand far exceeding the cumulative 85,000 visas available each fiscal year. It is specifically limited to “specialty occupations,” the criteria for which is specified in the visa manual. A very small number of H1Bs are exempt from the cap, but not enough to make any substantive difference in the years-long queue.
When a person applies for a nonimmigrant visa to visit the United States, there are strict requirements he or she must fulfill before the visa will be granted. (This applies even to countries that are a part of the Visa Waiver program, if they have a specific purpose in coming into the country.) While these requirements have been reviewed and slated for modification in recent months, there are certain factors that remain unchanged. One of these is the issue of immigrant intent. If you do not understand the rule, immigration issues may result.
Presumption of Intent – By Law
Section 214(b) of the Immigration & Nationality Act states explicitly that U.S. consular officers must presume that everyone who applies for a nonimmigrant visa has immigrant intent—that is, the intent to remain in the United States despite the fact that nonimmigrant visa applicants pledge to return home after their business is concluded. This means that it is not personal—no matter how you appear or how you speak, the consular officer is required to suspect that you have lied on your application.