H-1B application process to begin today

The process of filing petitions for H-1B, one of the most sought-after American work visas among highly skilled Indian professionals, begins today amid unprecedented scrutiny by the Donald Trump administration.


From April 2 (Monday), the USCIS (

United States

Citizenship and Immigration Services) will open its doors to the H-1B visa applications for the season 2018-19.


Successful applicants to get the visa will be able to work in the US from October 1, 2018, during the tenure of the visa—which maybe for an initial maximum period of three years.

No multiple visas

In a policy memorandum issued on March 23 but made public recently, the USCIS states that in cases where multiple applications are filed by “related entities” (a parent company, a subsidiary, or even an affiliate) for the same visa seeker, there needs to be a legitimate business need. Else, these applications will be rejected.


An in-house immigration lawyer at an information technology company says: “Under the US federal law, a single company cannot file multiple H-1B visa applications for the same visa seeker. When a company files an H-1B visa application, another related or affiliated company cannot do so unless there exist two separate job opportunities. These jobs must be clearly distinguishable and supported by additional evidence such as letters from different end clients or for different projects.”


No room for error

There have been many reports from the USCIS, federal agency responsible for processing all

H-1B visas

, that it will have absolute zero tolerance for even minor errors in the application. Chatter on various social-media platforms and among various groups indicates that immigration lawyers this time expect a much higher rate of rejection.


The H1B visa is a non-immigrant visa that allows the US companies to employ foreign workers in jobs that require theoretical or technical expertise. The technology companies depend on this visa to hire tens of thousands of employees each year from countries such as India and China. The H1-B visa has an annual limit of 65,000 each financial year as mandated by the US Congress, their house of parliament.


Spouses lining up

Spouses of the H1-B visa holders get the H4 visa currently, which doesn’t allow them to work or run a business until they obtain an employment authorisation document (EAD). However, not all dependent spouses of the H1-B visa holders are eligible to apply for an EAD. This route is available only to the H1-B visa recipients on track for a Green Card. Hence, many foreign professionals are exploring the option of becoming a permanent resident of the US.


Jasleen Kaur (name changed), who has a master’s degree in finance management from a US university, is in discussion with immigration lawyers on the pros and cons of applying for an H1-B visa. She works in a non-profit entity and is hopeful that her employer will consider sponsoring her for this overseas work permit. The extension of the decision deadline by four months comes as a temporary relief to the spouses who have accompanied H1-B visa holders to the US. The visa, as reported, attracts many specialised workers from India and China to the United States for employment.

30,000 applications

Immigration experts say that the DHS (the

United States Department of Homeland Security

) handles 30,000-odd applications for employment authorisation each year, in addition to the requests for renewal. The Trump administration’s draft proposal in June will be the first step towards ending the mechanism of granting this authorisation.

Amandeep Kaur

, a software professional from Chandigarh, who works in Accenture, says: “It sure is good news for those working in the US. Ever since the likelihood of sending families back came into limelight, professionals were in a dilemma about going to the United States. And they were not only IT professionals but also many others who use the H-1B visa.”

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