- H1B Denial Letter(Real) by USCIS – Speciality Occupation, Employer Employee Relationship
- Rights & Responsibilities of a H1B visa Holder
- Java Developer Roles and Responsibilities
- H1B Occupations and Professions that Qualify
- H-1B Discussion Forum
H1B Denial Letter(Real) by USCIS – Speciality Occupation, Employer Employee RelationshipTo be compliant with your visa status, you have certain responsibilities that you should fulfil. Having said that, as a H1B visa holder you also have certain rights that protect and facilitate a fair and just work environment. Below are some of the rights and responsibilities of a H1B visa holder —. Below are some of the rights and responsibilities of a H1B visa holder — Rights Possess your own passport and visa. Enjoy a discrimination free environment with regards to work hours, shifts, vacation, leave of absence, etc. This should be commensurate to industry standards. Get a copy of all official documents that depict your status and position in your place of work including the I, I, etc. Have a copy of any other legal document that talks of your eligibility to stay, work and receive remuneration for the work performed. Own property. Free to travel. Free to quit work and seek another employer as long as they are able to legitimately sustain and support your H1B visa status. This is true only if your contract allows you the freedom to break the contract without penalty. Else you will be violating the terms of the contract. Seek an extension of your visa once expired, if you meet continue to meet the key requirements of the visa. Responsibilities Diligently follow the law of the land. Follow all protocols of an upstanding citizen of the land. File all required taxes in a timely manner. No falsifications are tolerated. Never engage in any illegal practices. Be truthful about eligibility and qualifications pertaining to the employment at hand. Always ensure you remain in status. If for whatever reason you are out of employment with your sponsored employer, you will be considered out of status and have to leave the country. Recent Questions on H-1B Visa. Ask An Immigration Lawyer. Trending Discussions on H-1B. View Discussions. Related Links.
Rights & Responsibilities of a H1B visa Holder
Skip to main content. Alert: On March 20,U. This visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense DOD cooperative research and development project, or services as a fashion model of distinguished merit or ability. For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:. The job must meet both of the following criteria to qualify as a DOD cooperative research and development project:. To be eligible for this visa category you must be a fashion model of distinguished merit and ability. On Dec. Please see our I Direct Filing Chart page. Regardless of whether a visa is required, the prospective H-1B worker must then apply to U. Prospective specialty occupation and distinguished fashion model employers must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer. The application requires the employer to attest that it will comply with the following labor requirements:. As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under sections c and a of the American Competitiveness in the Twenty-First Century Act AC Your employer will be liable for the reasonable costs of your return transportation if your employer terminates you before the end of your period of authorized stay. Your employer is not responsible for the costs of your return transportation if you voluntarily resign your position. You must contact the Service Center that approved your petition in writing if you believe that your employer has not complied with this requirement. The H-1B visa has an annual numerical limit "cap" of 65, visas each fiscal year. The first 20, petitions filed on behalf of beneficiaries with a U. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap. Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification. Beginning May 26,certain H-4 dependent spouses of H-1B nonimmigrants can file Form I, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident status. Have completed a U. Hold a foreign degree that is the equivalent to a U. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment. Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
Java Developer Roles and Responsibilities
Forgot your password? By h1iJanuary 12, in H1B : General. Please let me know if you know of anyone who got RFE on specialty occupation for IT project manager and got approved? If so, please provide some guidance on how to document this? Background: B. Employed by a big-4 tech consulting firm. Search some more on this forum but below might give some insight - probably not the same title as your but some backgrounds might fit. How else can we provide enough supporting documentation to prove project manager as specialty occupation even with a b. Not yet approved. My employer has prepared the documentation and didnt shared the response with me. My case is a h1b transfer. In that case, a lot more justification and paperwork might be needed from your employer. Good luck. Thank you. Would that be another problem? Thanks a lot. Is this for a 'Project Manager' role? Even for masters too - they are open for several specializations. How to handle this situation? Please provide your inputs. Mine was Sr Quality Engineer role. However, the general documentation requirement shall be the same in my opinion. Good luck! But they got through them with no issues.
H1B Occupations and Professions that Qualify
The Requirements for U. Only U. The employer must comply with prevailing wage requirement, agree not to displace American workers, agree not to replace a laid-off worker with an H-1B worker for a certain period of time, and agree not to employ the H-1B workers during a strike or lock-out, among other attestations. The H-1B program allows an employer to temporarily employ a foreign worker in the U. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge, and a bachelor's degree or the equivalent in the specific specialty, e. However, a foreign worker can be in H-1B status for a maximum continuous period of six years. After the H-1B expires, the foreign worker must remain outside the U. Certain foreign workers with Labor Certification applications or immigrant visa petitions in process for extended periods may stay in H-1B status beyond the normal six-year limitation, in one-year increments or three-year increments. The occupation for which the H-1B classification is sought must also normally require a bachelor's degree as a minimum for entry into the occupation. Employers to Hire H-1B Workers The employer must pay the minimum prevailing wage, as determined by State Employment Agency rules or other approved standard guidelines, and must confirm the following six conditions:. USCIS clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. In addition to demonstrating that a valid employer-employee relationship will exist between the U. The factors to be considered include:. USCIS adjudicators will review the totality of the circumstances when making a determination as to whether the employer-employee relationship exists. The H-1B petitioners should provide detailed documentation of the employment relationship. Particularly in cases in which the beneficiary will be assigned to third-party or client worksites, H-1B employers should carefully document that it, and the employer should have the right to supervise, direct, and review the H-1B visa holder's work, and terminate the employment. A detailed itinerary providing information on the multiple work locations should also be attached with the H-1B visa application documents. The prevailing wage for the same position can differ from location to location. For example, the prevailing wage for a cardiologist working in the metropolitan area of Los Angeles, California will be very different from the prevailing wage for a cardiologist working in the rural area of El Paso, Texas. It is critical that the employer pay the H-1B worker the correct prevailing wage during the entire time of the worker's employment. If the employer fails to meet this obligation, the employer will be required to pay the worker back wages, and can also incur other significant penalties and fines. Unfortunately, immigration law does not define a "material change. Employers should use their best judgment and consult an immigration attorney in deciding whether or not a change is "material. The amended I should contain all of the documents that the original I contained, as well as an explanation of the material change and the reason for the change. An H-1B worker must be treated the same as all of the employer's U. The employer must provide the H-1B worker with the same benefits stock options, sick leave, insurance, and so forth as those provided to U. However, if the worker quits the job before his or her status ends, the employer is not responsible for the costs of the worker's return trip home. The employer needs not to pay if the employee voluntarily quits. In any case, the employee can file a complaint if the employer fails to pay transportation home. In practice, however, the foreign national often looks for another job, and obtains a new H-1B or other visa status in the U. If H-1B employees are "benched" due to the employer's business reasons, such as the lack of available work, then they must still be paid for the full hours specified on the H-1B petition. If an employee is absent based on issues not work related, such as personal or health reasons, then the above provision does not apply. It is illegal to require an H-1B employee to pay a penalty merely for leaving the employer. However, it is permissible to require an employee to reimburse the employer for actual expenditures incurred by the employer, if the employee leaves the employer within certain timeframes agreed to by the parties.