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What is an H-1B1 Visa?

U.S. Free Trade Agreement Professional (H1B1) Visa:

The U.S.-Singapore Free Exchange Understanding and the U.S.-Chile Free Exchange Assention, which came into impact on January 1, 2004, built up a unused category of non-immigrant work visa particularly for citizens of Singapore and Chile: the H1B1 visa. Only citizens from these two countries are eligible to apply as principal applicants. A add up to of 1,400 H1B1 visas are designated for Chilean nationals, whereas 5,400 are assigned for Singaporean citizens.

The foremost candidate may bring their life partner and subordinate children beneath the age of 21 to the Joined together States. To qualify for H1B1 visa status.

Candidates must fulfill the taking after requirements:

The job must be classified as a specialty occupation, necessitating both theoretical and practical expertise in a specific field. Examples of specialty occupations include roles in engineering, mathematics, physical sciences, computer sciences, healthcare, education, biotechnology, and various business disciplines such as management and human resources.

2The applicant must possess a post-secondary degree that entails a minimum of four years of study in their area of specialization.

The H1B1 visa does not permit the exterior national to bolt in in self-employment or work as an independent temporary worker.

Work in the Joined together States must be transitory, requiring the candidate to illustrate non-immigrant intent. H1B1 visas are issued for one-year increments, unlike the three-year validity period associated with H-1B visa status.

The Joined together States Citizenship and Movement Administrations for the most part favors H1B1 petitions for a beginning one-year term, which may be amplified thereafter.

The H1B1 visa shares similarities with the H-1B visa, as both permit qualified professionals to reside and work temporarily in the United States. However, a significant distinction lies in the foreign national’s intent upon entering the United States. The H-1B visa category accommodates “dual intent,” allowing individuals to work in a professional capacity temporarily while also harboring intentions to immigrate. Conversely, applicants for the H1B1 visa must prove that they do not intend to immigrate to the United States. Consequently, beneficiaries of the H1B1 visa are not permitted to seek permanent residency while holding H1B1 status.

In contrast to the H-1B visa, there is no necessity for a Petition for Nonimmigrant Worker to be sanctioned by the United States Citizenship and Immigration Services. Candidates can submit applications for the H1B1 visa, particularly within the United States. Department in their domestic nation by submitting the fitting nonimmigrant visa application, a comprehensive work offer letter, a Labor Condition Application (LCA) certified by the Division of Labor, and the necessary supporting documentation.

Given the limited number of H-1B visas available, employers may find it advantageous to consider filing H1B1 petitions for qualified candidates. It is imperative to note that recording H1B1 visa petitions does not prevent citizens of Chile and Singapore from applying for a standard H-1B visa appeal.

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[agacs-pvt-ltd]

Minor Advancements for Indian applicants in EB-2 & EB-3 categories.

For Indian applicants, there have been slight advancements in the employment-based categories EB-2 and EB-3, while family-sponsored visa categories remain static across all regions.

Key updates for Indian applicants:

The Final Action cutoff date for the EB-3 visa category for India, which permits foreign workers to obtain US permanent residency, has progressed by one week to November 8, 2012. In contrast, the cutoff dates for applicants from other countries, including China and Mexico, remain unchanged.

Additionally, the EB-2 visa category, which includes siblings of US citizens among other employment-based visa types, has also experienced a one-week advancement in India’s Final Action cutoff date, now established at March 8, 2006.

Understanding the Visa Bulletin and its function:

The US Visa Bulletin is a monthly document that outlines priority dates for green card applicants across various categories. It serves as a guide for applicants to gauge when they may advance in the immigration process, taking into account the volume of visa applications currently in the queue. The Department of State evaluates visa availability each month and adjusts the dates based on the number of pending applications in different categories.

Exploring options for progress in the US immigration process:

Applicants have two primary pathways based on their current location:

Adjustment of status: This option is available for individuals already in the US, allowing them to transition their visa status to that of a permanent resident.

Immigrant visa application: Those outside the US must apply for an immigrant visa at a US consulate or embassy.

Overview of employment-based visa categories:

The Visa Bulletin outlines five categories for employment-based visas, each allocated specific percentages of the total available visas:

EB-1 Priority Workers: This category is assigned 28.6% of global employment-based visas, along with any surplus from EB-4 and EB-5 visas.

EB-2 Advanced Degree Professionals/Exceptional Ability: This category also receives 28.6% of global visas, in addition to any unused visas from EB-1.

EB-3 Skilled Workers and Professionals: This category is allocated 28.6% of visas, with 10,000 specifically set aside for ‘other workers.’

EB-4 Special Immigrants: This category receives 7.1% of the total global visas, with a portion allocated for investors in designated sectors.

EB-5 Employment Creation: This category is assigned 7.1% of worldwide employment-based visas for investors.

Family-sponsored visa categories remain unchanged:

The bulletin indicated that there are no updates for family-based visa categories for India, Mexico, the Philippines, and other regions. The current cutoff dates are as follows:

F4 (Brothers and sisters of US citizens): The Final Action date for India remains at March 8, 2006, with Dates for Filing at August 1, 2006.

F1 (Unmarried sons and daughters of US citizens): For Mexico, the date is November 22, 2004, while for other countries, it is November 15, 2021.

F2A (Spouses and children of permanent residents): The cutoff for Mexican applicants is April 15, 2021, while for other countries, it is January 1, 2022.

F3 (Married sons and daughters of US citizens): The cutoff for Mexico is October 22, 2000, while for India and other regions, it is March 1, 2010.

What is the status of employment-based categories?

For December, there were no new developments in the employment-based categories:

EB-1: The cutoff for China remains on November 8, 2022, and for India at February 1, 2022.

EB-2: The date for China is March 22, 2020, while India advances to August 1, 2012.

EB-3: The dates for professionals and skilled workers remain unchanged, with India still at November 8, 2012.

EB-5: The unreserved categories for China and India remain the same.

The Visa Bulletin continues to be a vital resource for green card applicants, providing clarity on their position within the U.S. immigration process. The next Visa Bulletin is anticipated to be released in January 2025, which may include updates for additional categories.

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H1B visa 2025 update.

Leading US technology companies, including Google, Microsoft, Amazon, Apple, and Meta, have significantly increased their hiring of employees holding H-1B visas over the past eight years, even as major Indian IT service firms have reduced their dependence on such visas.

The seven largest IT service providers in India, such as TCS, Wipro, Infosys, and HCL, have decreased their reliance on H-1B employees by 56% during this period. The utilization of this important US work visa has risen by 189% among Amazon, Google, Meta, Microsoft, and Apple, as evidenced by an analysis of H-1B beneficiary endorsement data from the US Citizenship and Movement Services.

Amazon recorded the most significant increment at 478%, taken after by Meta Stages (once in the past Facebook) with a 244% rise, Google at 137%, Apple at 94%, and Microsoft at 70%. Simultaneously, numerous Indian-origin IT firms have established significant operations in the United States and are now focusing on hiring American workers. These companies are moving absent from visa-dependent trade models and are progressively giving Green Card sponsorship to prepared innovation professionals.

Immigration attorneys are gearing up for a significant overhaul of the Immigration and Nationality Act, particularly targeting the highly coveted H-1B work visa category. Some analysts are even suggesting the possibility of implementing country-specific quotas, which could favor India due to its diplomatic relationship with the United States.

Indian initiatives with fundamental connections to the United States must promptly enhance their ability to understand and engage with the American landscape, rather than merely attempting to mitigate potential future risks. Proactive companies will reap significant benefits added.

Regardless of the extent of policy modifications, experts are confident that employers seeking international high-skilled talent will face increased sponsorship costs and related expenses.

With around 300,000 around the world understudies from India anticipated to arrive in 2023 alone, the strain on American work visas is expected to raising. Therefore, restrictions on the influx of STEM graduates are crucial.

Renewals for H-1B visas may become increasingly challenging in the absence of high-paying positions within desirable sectors. Additionally, family instability could escalate if H-4 visa holders, the spouses of H-1B workers, are prohibited from obtaining employment.

India has allocated $1.1 billion to enhance the STEM (science, technology, engineering, and mathematics) pipeline in the United States, collaborating with over 130 colleges and universities, and has provided upskilling for 255,000 employees. The industry has generated and supported more than 600,000 jobs in the U.S., both directly and indirectly.

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What is an L-1 visa? Here is all the essential information you should be aware of.

In expansion to the H-1B visa, the L-1 visa speaks to another category of work visa issued by the Joined together States for experts looking for business inside the nation. Not at all like the H-1B visa, which is planning for people pointing to connect an American company, the L-1 visa is allowed to those who are as of now utilized by a company in another nation and are relocating to a U.S. office.

There are two categories of L-1 visas determined by the type of employment involved.

L-1A: This category is saved for directors and executives.

Executives possess the authority to make decisions with minimal oversight.

Supervisors are dependable for administering and coordinating the work of workers, as well as overseeing the organization or a particular division inside it.

L-1B: This visa is for individuals whose work necessitates specialized knowledge. This implies that they have either advanced understanding of the organization’s processes or possess unique knowledge regarding the organization’s products and services.

Requirements for Application:

The L-1 visa has particular criteria that both the representative and boss must satisfy. The primary requirements are as follows:

Employer Requirements: The U.S. employer and its foreign counterpart employing the applicant must maintain a qualifying relationship. Moreover, the boss must be effectively conducting trade in the U.S. and at slightest one other nation amid the visa holder’s residency in the U.S.

Representative Prerequisites: The candidate must have been utilized by the remote manager for a least of one persistent year inside the final three a long time in a administrative, official, or specialized knowledge capacity.

Application Procedure:

Complete Form DS-160, accompanied by:

Two recent passport-sized photographs

A duplicate of the applicant’s U.S. passport

Submit Form I-129: This form must be filed no less than 45 days prior to the employee’s intended start date, and no more than six months before employment commences.

Consular Processing: The applicant is required to attend an interview at their home country’s consulate or embassy.

Processing duration is contingent upon the specific service center and the applicant’s country of origin. It may extend from six months to a year. For those picking for premium preparing, a expense of $1,225 is applicable.

Extension Process:

To record for a visa expansion, the taking after reports are required:

Confirmation of the beneficiary’s business all through their remain in the Joined together States.

Documentation of the beneficiary’s important degree from a U.S.

A letter from a foreign employer outlining the beneficiary’s employment over the past three years.

A support letter from the petitioner, detailing the alien’s salary, job responsibilities, and terms of employment.

The USCIS filing fee.

A summary and evidence of travel history outside the United States (such as boarding passes and passport stamps).

A completed I-129 Petition.

[agacs-pvt-ltd]

The USCIS has revised its guidelines pertaining to the EB-1 visa category.

The United States Citizenship and Immigration Services (USCIS) has revised its guidelines about the EB-1 visa category, which is designated for individuals who can ‘demonstrate’ exceptional ability in science, arts, education, business, or sports.

Due to the extended processing times associated with the EB-2 category (designated for individuals with advanced degrees or specialized knowledge) and the EB-3 category (intended for skilled or professional workers), a significant number of Indian nationals with STEM qualifications are exploring the EB-1A pathway, which falls under the broader EB-1 classification. As reported by NFAP on November 2, 2023, there were merely 140,000 Indians awaiting an EB-1 green card, starkly contrasting to the over one million individuals in the EB-2 and EB-3 categories combined.

The revised guidance from USCIS emphasizes the specific types of evidence that will be evaluated to demonstrate extraordinary ability during the review of EB-1 applications. Applicants must satisfy a defined criteria to qualify for this green card.

USCIS has officially acknowledged team awards. Additionally, it has specified that previous affiliations with exclusive or esteemed organizations in relevant fields will be considered. Furthermore, there has been a relaxation of the requirements concerning publications, and clarifications have been provided regarding exhibitions presented by the applicant.

Immigration attorneys indicate that the recent updates may expand the eligibility criteria, enhance transparency, and assist petitioners in providing accurate documentation. Nonetheless, the precise effects of these changes are yet to be determined.

Awards constitute one of the ten evidentiary criteria for EB-1 applicants, who are required to fulfill three of these criteria

The revised guidance specifies that team awards will be acknowledged for EB-1 applicants in the context of ‘lesser’ international and national awards and recognitions.

The USCIS has dispensed with the necessity that such distributions must unequivocally outline the importance of the applicant’s work.

[agacs-pvt-ltd]

The United States has increased the number of visa slots available for Indian applicants by 250,000.

The US Mission in India has announced the availability of an additional 250,000 visa appointments for Indian travelers, encompassing tourists, skilled professionals, and students, as stated in a release on Monday. This increase in slots is anticipated to assist Indian applicants in obtaining timely interviews, thereby enhancing travel between the two countries, which is a crucial aspect of US-India relations.

For the second consecutive year, the mission has exceeded one million nonimmigrant visa applications. This summer’s student visa season saw unprecedented numbers processed, with first-time student applicants successfully securing appointments at one of five consular sections in India.

Specialists commented, “Our current center is on rejoining families, developing exchange affiliations, and progressing tourism.”

The advantages for Indians arising from the newly available 250,000 visa slots by the US Mission are as follows:

Indian travelers will experience a reduction in wait times for visa interviews, allowing for quicker scheduling.

Indian students aspiring to pursue their education in the US will have enhanced opportunities to obtain timely visa interviews.

Talented laborers and experts traveling for trade will advantage from assisted visa processing.

Families separated by international borders can utilize these additional slots to hasten their visa interviews, facilitating earlier reunification.

Indian tourists intending to visit the US will now enjoy faster visa processing.

The introduction of these additional appointments is designed to alleviate the current backlog.

Increased Interest in US Visas from India:

As of 2024, over 1.2 million Indians have traveled to the United States, reflecting a 35% increase compared to the same timeframe last year. Approximately six million Indians possess nonimmigrant visas for entry into the US, with the Mission processing thousands of additional applications daily.

Indian students now represent the largest demographic of international graduate students in the United States, accounting for more than 25% of the one million foreign students enrolled. The United States remains one of the top four preferred destinations for Indian students, alongside Canada, the United Kingdom, and Australia.

In 2023, the US issued over 140,000 student visas to Indian nationals, maintaining its position as the leading country for student visa issuance for the third consecutive year, as reported by the US Government office and Offices in India.

The Indian-American community has approved the decision to increase the number of available visa slots. The recent addition of 250,000 appointments marks a significant advancement in facilitating travel for Indian individuals, including families and students, wishing to visit the United States.”

To despite this positive development, further efforts are necessary to address the ongoing challenges of visa backlogs and extended wait times. As a commissioner, he has proposed various recommendations aimed at alleviating visa appointment delays and reducing the green card backlog, which includes the potential implementation of video appointments to enhance efficiency in the process.