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Are There Salary Requirements For H1B Visa Jobs & What To Do After The Loss Of H1B Visa Jobs

 UT Evaluators

Once you are approved and have entered the U.S. through your sponsoring employer, the H1B allows for quite a bit of flexibility when it comes to portability and mobility, giving you the freedom to apply for an H1B job change. As long as your job maintains the requirements of a relevant specialty position, you will be able to change not only your job but your employer as well.

If you are remaining with the same employer and are being promoted or moved to a different department, you will need to speak with your attorney to make sure that your new job still requires your particular degree. If you are changing employers, then the same is true. You will, however, need to have your new employer file a new I-129 petition on your behalf. Check for H1B Visa Process in UT Evaluators

Are There Salary Requirements for H1B Visa Jobs?

Before an employer can sponsor you for an H1B, they will need to first obtain a Labor Condition Application (LCA) for you. Part of the LCA process involved determining the prevailing wage for the job that you will be doing in relation to the area that the job is located.

Once the prevailing wage has been determined, your employer must pay you at least the listed amount. Therefore, there is a minimum job salary requirement. However, you do not need to be making a certain salary in your home country in order to qualify.

It is important to note that, under the Trump administration, there may be major changes coming to the H1B visa program in the next year. One of the changes that have been considered is changing the lottery system to one that gives priority to applicants who are receiving higher salaries.

Because the competition is so high for this visa, this strategy would effectively disqualify any applicants who are making less than the average for all H1B beneficiaries. However, this has not been implemented and is subject to change. If this alteration concerns you, speak with your immigration attorney to have your questions answered fully.

What to do after the loss of H1B Visa Jobs

If your employer terminates your employment or is otherwise unable to pay you and you suddenly find yourself without a job, it can have serious consequences on your status. In the past, you would have been required to leave the country immediately.

However, the Department of Homeland Security’s Federal Register implemented a final rule in January of 2017 that grants a 60-day grace period to any H1B holder who experiences a job loss. This two-month period can be used to find a new sponsoring employer, change your status to a different work visa, or settle your affairs before leaving the country. For more info on H1B Visa check Primovox

If you overstay this 60-day period, you will be considered “out of status”, which can have serious consequences on your ability to return to the U.S. under a different visa. If you have experienced an H1B job loss, consult your immigration attorney to learn what your options are.