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H1B and PERM H1B Season is over 2021, You can do PERM without H1B

Recently, we’ve gotten a lot of inquiries about H1 B’s and the Permanent Labor Certification process, which leads you towards getting a green card. So in this blog post, I will write about H1Bs.

Basically, the H1B Visa is given by the United States government to immigrants with specialized skills. The H1B is issued to international companies, students studying in the US, and international professionals working in the United States.

If you don’t already know the H1B season for 2021 is over. It started on March 9, 2021, and ended on March 25, 2021. It is called a season because, every year, there is a timeline during which individuals who qualified for an H1B visa could apply for it.

If your employer is a university-affiliated with the research, you don’t have to worry about the actual limitations on the H1 B’s you have to wait until next year to file for another H1B.  If you have a company willing to sponsor you, you can go ahead and file for the perm labor certificate process even though you’re not on the H1B. However, you have to remain in status whether as a student (maintaining an F1 or F2 status) or as the spouse of a student(maintaining any other kind of valid nonimmigrant status). 

A lot of times people traditionally would start with the H1 B’s and then halfway through the process file for the PERM labor certification process. However, given the fact that the H1B is such a limited lottery for most people, that is not always possible. 

But if you meet the requirements of the PERM labor certification process and your employer does, you can file for the perm even without it. We do that lots of times where the person has never been sponsored under the H1 B they just have other means to stay in step. 

Some Things You Need To Know About H1B Visa.

  1. H1B visa is also known as a Person in Specialty Occupation Visa. You qualify for an H1B Visa if your job role requires that 
  • You possess a 4 year Bachelor’s degree or similar degrees
  • You possess a Postgraduate degree like a Master’s or Doctoral degree
  • You possess an advanced kind of training or vocational skills
  • Qualifications to work in research and development projects of the US Department of Defense or other government positions.
  1. Processes to possess an H1B visa are started by an employer in the United States. Such an employer must have a vacant position that they cannot find an American employee to fill.
  1. A  US employer must get an approved Labor Conditions Application (LCA) from the US Department of Labor before it can hire a foreign worker.
  2. To obtain permission from the US government to hire a foreign worker an employer needs to file a Form I-129.
  1. As an H1B visa holder, you can either Short-term health insurance or Long-term (domestic) health insurance. This depends largely on how long you are staying in the United States.
  1. The H1B visa is a dual intent visa. Hence, it allows you to apply for a change of status to an immigrant visa.
  1. The H1B visa is valid for 3 years but subjects to an additional 3 years extension.
  2. Spouses will need an H 4 visa to qualify to accompany H1B visa holders to the United.

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The content provided on this blog is for informational purposes only and does not constitute legal advice. Readers should not act upon any information presented on this blog without seeking professional legal counsel. The opinions expressed at or through this blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please consult with an attorney regarding your specific legal situation.

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