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Debunking Common H-1B Myths

Let’s debunk some common H-1B myths:

Myth: H-1B visas are unlimited, and anyone can get one

Reality: H-1B visas are subject to an annual cap, and there is a limited number of visas issued. There are two main caps: the regular cap and the advanced degree cap (reserved for applicants with U.S. master’s degrees or higher). Not everyone who applies will receive an H-1B visa, as the demand often exceeds the available slots.

✅ Myth: You can apply for H-1B visa at any time

Reality: The best time (and usually the ONLY) time to apply for an H-1B visa is on April 1, but you have to start working with the application to the U.S. Department of labor in January or February at the latest.

✅ Myth: H-1B visas lead directly to U.S. permanent residency (a green card)

Reality: While it is possible for H-1B visa holders to apply for a green card, the H-1B visa itself is a non-immigrant visa. It does not provide a direct path to permanent residency. The green card process is a separate and often lengthy process that requires employer sponsorship and meeting specific eligibility criteria.

✅ Myth: Only tech companies hire H-1B workers

Reality: While it’s true that technology companies often use H-1B visas, these visas are not limited to the tech industry. H-1B visas are available for a wide range of specialized occupations, including finance, healthcare, education, and more. Many industries utilize H-1B talent to fill skill gaps.

✅ Myth: Immigrants take jobs away from U.S. citizens

Reality: The H-1B program is designed to fill skill gaps in the U.S. labor market. Employers must demonstrate that they were unable to find qualified U.S. workers for the positions they’re seeking to fill with H-1B visa holders. Additionally, H-1B visa holders often contribute to innovation, economic growth, and job creation in the U.S.

✅ Myth: Visa workers are paid less than U.S. workers

Reality: Employers must pay H-1B workers the prevailing wage for their occupation in the geographic location where they will work. This ensures that H-1B workers are not underpaid and that their wages do not undercut the wages of U.S. workers in similar positions.

✅ Myth: H-1B holders can only work for their sponsoring employer

Reality: Yes, technology companies frequently use H-1B visas, but these visas have a broader application beyond the tech industry. This process requires filing a new H-1B petition with the new employer and obtaining USCIS approval.

✅ Myth: H-1B visas are easy to obtain

Reality: The H-1B application process can be complex, competitive, and subject to strict regulations. Meeting the eligibility requirements, securing a job offer, and successfully navigating the application process can be challenging.

☎️ It’s important to rely on accurate information and consult with an immigration lawyer specializing in H-1B visas. They are HIGHLY technical in the application process.

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