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Overview

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In 2020 we implemented an electronic registration process for the H-1B cap. Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first electronically register and then pay the associated $10 H-1B registration fee for each beneficiary. Hi, Have you yet heard of h1b 2022 lottery result? Facebook twitter reddit hacker news link. Want to comment? LOG IN or SIGN UP. TOP 234 Comments Google japco No one did. First results won't be send until March 31. TWITTER INC Median $165,000 343 Job Titles (113) SOFTWARE ENGINEER II Median $160,000 63.

The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.

The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment – whichever is greater.

Key News

On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications. The Department simultaneously submitted a Notice for publication in the Federal Register announcing and requesting public comments on this interpretation. On January 20, 2021, the Department withdrew its Notice from the Office of the Federal Register prior to its publication, and is now withdrawing the Bulletin and FAB for the purpose of considering the process for issuing this interpretation as well as reviewing related issues of law, fact, and policy. Accordingly, the requirements of the Bulletin and FAB are no longer in effect. The Department will notify the public of any further actions as appropriate once it completes its review.

General Guidance

Field Assistance Bulletin 2019-3: Compliance with the H-1B Notice Requirement by Electronic Posting (PDF)

H-1B Presentation

The Employment of Non-Immigrants on H-1B Visas (Microsoft® PowerPoint®)

Forms

Immigration Girl H1b

Fact Sheets

Disqualified and Willful Violator Employers

DOL maintains a list of individuals or corporations who, as a result of an H-1B investigation/final agency action, have been disqualified from approval of petitions to participate in the nonimmigrant program. In addition, willful violator employers are subject to random investigations by the Department of Labor for a period of up to five years from the date that the employer is determined to be a willful violator.

Nonimmigrant Worker Related Agency Links

Civil Money Penalty Inflation Adjustments

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Type of Violation	Statutory Citation	CFR Citation	Maximum Civil Monetary Penalty on or before 1/15/2021	Maximum Civil Monetary Penalty on or after 1/16/2021
(1) A violation pertaining to strike/lockout or displacement of US workers; (2) A substantial violation pertaining to notification, labor condition application specificity, or recruitment of US workers; (3) A misrepresentation of material fact on the labor condition application; (4) An early-termination penalty paid by the employee; (5) Payment by the employee of the additional filing fee; (6) Violation of the requirements in 20 CFR 655 subparts H and I or the provisions regarding public access where the violation impedes the ability of the Administrator to determine whether a violation of sections 212(n) or (t) of the INA has occurred or the ability of members of the public to have information needed to file a complaint or information regarding alleged violations of sections 212(n) or (t) of the INA	8 USC 1182(n)(2)(c)(i)	20 CFR 655.810(b)(1)	$1,928	$1,951
(1) A willful failure pertaining to wages/working conditions, strike/lockout, notification, labor condition application specificity, displacement (including placement of an H-1B nonimmigrant at a worksite where the other/secondary employer displaces a US worker), or recruitment; (2) A willful misrepresentation of a material fact on the labor condition application; or (3) Discrimination against an employee;	8 USC 1182(n)(2)(c)(ii)	20 CFR 655.801(b) and 20 CFR 655.810(b)(2)	$7,846	$7,939
(1) A willful violation resulting in displacement of a US worker employed by the employer in the period beginning 90 days before and ending 90 days after the filing of an H-1B petition in conjunction with: (i) A willful violation of the provisions pertaining to wages/working condition, strike/lockout, notification, labor condition application specificity, displacement, or recruitment; or (ii) A willful misrepresentation of a material fact on the labor condition application	8 USC 1182(n)(2)(c)(iii)	20 CFR 655.810(b)(3)	$54,921	$55,570

6 MIN READ

Are you ready to switch your H1B visa to a Green Card? Your plan may have always been to stay in the U.S. all along, smoothly transitioning from H1B to Green Card. Or maybe you got your immigrant visa to get practice working in the States, and you're not ready to settle down in the U.S.

Whatever your reason, read on to learn what it takes to get Green Cards and permanent residency. You'll learn about the H1B, Green Card, and how to transition from one to another.

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What is an H1B Visa?

The H1B Visa in the U.S. is a non-immigrant work visa. The visa allows companies to hire employees who have graduated from university to fill specialized positions.

You'll usually qualify for an H1B Visa if you have an education in any of the following areas:

IT
Finance
Accounting
Architecture
Engineering
Mathematics
Science
Medicine
Among other things

The H1B Visa process is quicker than the Green Card method, making it the popular choice for employers looking to bring in long-term foreign employees. The H1B visa is unique in that individuals cannot apply for the classification, but must have an employer nominate them.

There's a caveat with H1B visas in that the government places an annual cap on them. Per year, 85,000 new H1B visas are made available. Among those, 65,000 are for those with a Bachelors's and 20,000 are for those with a more advanced degree.

Related Article | How to Check the Status of Your H-1B Visa Application

What is a Green Card?

A Green Card is an employment-based immigration visa. The card allows migrants to become permanent U.S. residents through a couple of methods:

First, if you have a family member already in the States, you can apply for permanent residence.
The second, and more common method, is to petition for the green card through employment.

The U.S. government divides the work method of getting a Green Card into five categories:

An EB-1 goes to multinational executives/managers or those who are exceptional in sports, art, science, education, or business.
An EB-2 goes to master's degree holders who studied medicine, science, or teaching.

The other three categories cover other work-immigrants:

An EB-3 goes to skilled workers with at least two years of expertise in their field or people who hold master's degrees not included in the EB-2.
An EB-4 covers religious workers and U.S. Foreign Service employees, among others.
Finally, the EB-5 covers investors who put a minimum of $900,000 into a U.S. business that has at least ten employees.

Related Article | What You Need to Know About Getting a Temporary Green Card

What Other Forms of Employment Visa are Available?

There are a variety of temporary worker visas available in the United States. Among others, there are the temporary agricultural and non-agricultural worker visas, and the trainee or distinctive education visitor. You can also get an employment visa if you are an international athlete or an entertainer.

If I Already Have an H1B Visa, Can I Apply for a Green Card?

Yes, all H1B visa applicants are eligible to apply for a green card after their H1B expires, because the visa is dual-intent. If a permit is of dual-intent, that means that you have the option to submit paperwork for a green card.

The process of going from H1B to a green card is a tad complex, and the procedure will take some planning.

Let's go over exactly what you need before you start on the method known as the Adjustment of Steps.

Related Article | Green Card vs. Visa: What's the Difference?

The H1B to Green Card Application Process

The Adjustment of Steps process is specific, detailed, and will take time. You'll need to be patient to see successful and get your Green Card.

You'll go through three steps before being able to transfer.

Step 1: Apply for the PERM Labor Certification

Your employer must apply for the PERM (Permanent Labor) Labor certification in your name.

In this form, your employer will:

Set your wage
Prove no qualified U.S. candidates suit the position
Fill out an ETA 9809 form

Step 2: Submit the I-140 Form

After the PERM certification is approved, file the I-140 form, also known as the Immigration Petition for Alien Worker. Once the United States Citizenship and Immigration Services (USCIS) receives your application, the office gives you a priority date.

Unfortunately, you'll have to wait until your term is current to perform step three as a foreign national.

Step 3: Submit the I-148 Form

The I-148, or the adjustment of status form, is the final step. You'll have to file the I-148 to your local USCIS office to continue. After approval, the customs office will stamp your passport, indicating your new status as a Green Cardholder.

Related Article | How to Get an H1B Visa Interview Waiver

When Does My H1B Visa Expire?

After six years with your H1B visa, you can either renew, apply for a green card, or return to your home country. Upon initial entry to the U.S., you received an I-94 document. Paint brush thick. The I-94 card will tell you the exact date that your H1B ends.

You can change the date of your H1B visa if you decide to stay with the same employer. The updated day will be on your USCIS approval documents. For an electronic copy of your I-94, go to the Customs and Border Protection database website.

How Long Will My Green Card App Take?

Each step of the process will take a certain amount of time. Be prepared to spend anywhere between 6 months to 2 years transitioning from an H1B to a green card.

The PERM Certificate takes 6 to 18 months.
Your I-140 approval depends upon your priority date and your country of origin.

Though wait times vary broadly, the U.S. government has resources in place so you can get a rough estimate of your specific wait time. If your green card looks like it will take a while, you can always renew your H1B.

Related Article | An Immigrant's Guide To Building A US Credit Score

How Much Will My Green Card App Cost?

If you are an H1B Visa holder, your employer will pay for part of your fees to transfer to a green card. The legal fees, usually ranging anywhere from $2000 to $5000, are paid by the employer. The application fees, $580 for the I-140 and $1070 for the I-485, are either paid for the employer or the employee.

In total, the green card application process costs around $10,000, with a portion of it falling onto your shoulders as an employee.

Related Article | 8 Ways To Get Extra Income While On An H1B Visa

Understand the H1B to Green Card Process

The green card transfer process can be complicated and seem overwhelming, but you don't have to go through it alone. If you have any questions or concerns not addressed in this article, we can help you plan your transfer from an H1B visa to a green card.

At MYRA, we specialize in providing immigrants with the help they need and the knowledge required to complete each step of the Green Card process.

MYRA provides personal finances for international and multicultural families in the United States. Our services include financial planning, investment management, and tax preparation.

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