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

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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.

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What Are The USA H1B Sample Interview Questions

 

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Here is a list of some of the questions that you may be asked in your H1B visa interview. Please be aware that this is not a comprehensive list and the immigration officer may ask you questions that are not included. Check for H1B Visa Process in UT Evaluators

Your U.S. Sponsoring Employer

A. What kind of business does your sponsoring employer do?

B. What tasks and duties will you be expected to perform during your stay?

C. What skills do you possess that make you an asset to your sponsoring employer?

D. How will you be compensated by your sponsoring employer/ what will be your salary?

E. When was your sponsoring employer’s business founded?

F. Who is the CEO of the company/entity?

G. How many people work for your sponsoring employer?

H. How did you first come into contact with your sponsoring employer?

I. Are you sure that the company/entity you will be working for is a legitimate organization?

J. Where is your sponsoring employer located?

Your Educational Background and Experience

A. Are you currently studying?

B. Where did you obtain your degree?

C. Have you pursued higher education than a bachelor’s? If so, what topic did you use for your thesis?

D. How long have you worked in this industry/field?

E. What related jobs have you held in this industry/field?

Your Intentions

A. Why have you chosen to work in the U.S.?

B. Have you ever lived in any country other than your home country?

C. Do you have a plan to support yourself before you receive your first paycheck?

D. Do you have family members currently living in the U.S.?

E. When your H1B validation period ends, what is your plan?

F. When do you plan to return to your home country?

Your immigration attorney can help you determine what the appropriate answers would be for your specific situation to ensure that the officer does not have any reason to deny your visa. For H1B Visa Process Visit here

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H-1B Visa Processing Fees

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It’s important to have a thorough understanding of all these costs prior to filing to avoid any unwelcome surprises. Since there are some gray areas regarding who is responsible for certain fees, it is advised to consult an immigration attorney with your case specifics.

Employer Responsibilities

As previously mentioned, the sponsoring company or employer should take care of handling the H-1B visa fees for 2018 (with the exception of third party costs). With that said, it’s still necessary for all parties to be completely aware of the H-1B filing fees charged.

There are a number of factors to take into consideration, as outlined below:

A. Standard (Basic Filing) Fee:

The standard (basic) H-1B filing fee is $460 for the I-129 petition. This H-1B visa fee is also applicable to transfers, amendments, and renewals. For H1B Visa Evaluation Visit here

B. ACWIA (Training) Fee:

For employers who have between 1-25 full-time workers, the American Competitiveness and Workforce Improvement Act fee is $750. For employers with 26 or more full-time employees, the fee is $1,500. Some organizations are exempt from this training fee including non-profits with affiliations to educational institutions, governmental research organizations, primary/secondary educational institutions, etc.

C. Fraud Prevention & Detection Fee:

This $500 fee is applicable to new H-1B petitioners or those changing employers. It exists to help the USCIS ferret out those who plan to use this visa fraudulently. This H-1B visa fee is not required for extensions with the same sponsoring employer.

D. Public Law 114-113 Fee:

This H-1B visa fee is applicable to companies that have upwards of 50 employees with over half on H-1B or L1 status. The additional fee for these companies is $4,000.

E. Optional Fees:

Premium processing is an option available to those who want to expedite the H-1B visa process. This service is offered by the Department of Homeland Security and guarantees a 15-day processing time frame. In order to use this feature, you must complete form I-907 along with the $1,225 fee. Again, this is one of the optional visa fees. Another optional expense is if family members apply to be H4 dependents of the applicant by filling out form DS-160.

F. Attorney Fees (vary):

H-1B attorney fees can vary tremendously. We offer a flat fee for our services.