Tuesday 22nd September 2020

Nepal, Fifth Largest Foreign Community to Receive US H-1B Visa

The H-1B visa has an annual cap or limit of 85,000 petitions each FY
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Nepal, Fifth Largest Foreign Community to Receive US H-1B Visa

Nepal is the fifth largest foreign community to receive ‘H-1B visa’ to US!

According to the US Citizenship and Immigration Services (USCIS) report, 2,291 Nepali applicants received H-1B visa in the period between 2012 and May 2018.

This is a remarkable achievement as Nepal held the 13th position six years ago.

H-1B visa is an employment-based, non-immigrant visa for temporary workers. It is issued for a specialty job role requiring theoretical and practical application of a person with specialized knowledge. Additionally, a person who requires the H-1B visa should have at least a Bachelor’s Degree or its equivalent.

‘India’ tops the list of US H-1B recipients with 101,211 applicants, followed by China, South Korea, and Taiwan.

According to USCIS, H-1B visa holders’ average annual income is USD 79, 165.

Nepalis – Fastest Growing International Student Population

In another report published by the US State Bureau of Educational and Cultural Affairs Department a few months ago, Nepali students were found to be the ‘fastest growing international student population in US’.

The report recorded a 20 percent increase in Nepali student enrollments to US Higher Education Institutions in 2017, increasing the Nepali student population to 11,607

Although the enrollment data positioned Nepali students at ‘13th position’, their growth rate was higher compared to India with 12.3 percent, followed by Bangladesh’s 9.7 percent, Spain’s 7.9 percent, and China’s 6.8 percent.

Even the Nepal Education, Science and Technology Ministry record shows that 2,485 students were awarded ‘No Objection Certificates’ to pursue education in US. This puts Nepal on the fourth position after India, Australia, and Japan.

US is one of the world’s most sought education destination with a record of enrolling 1.08 million international students until 2017.


How to get H-1B (H1B) Visa?

How to get H-1B (H1B) Visa?

H-1B visa application process is very different from the processes for any other visa. Individuals cannot apply directly for an H-1B visa. Instead, US employer should apply on behalf of the applicant. Without a petitioning employer, you cannot apply for H1B visa.

Qualification Criteria—

1) Specialty Occupation

The applicant must demonstrate that they have the ability to work in specialty occupation by meeting the any of the following criteria:

H1B Visa Specialty Occupation

2) Employer-Employee Relationship

The applicant should prove a valid employer-employee relation with the petitioning US employer. The petitioner must prove that it has right to control the work of the foreign employee and may hire, pay, fire or supervise them.

3) Prevailing Wage

The applicant must be paid the prevailing wage or the actual wage, whichever is higher. The prevailing wage is the average wage paid to the workers with similar skills and qualifications in the requested occupation in the area of intended employment.


Annual Cap on H-1B Visa Cap

The H-1B visa has an annual cap or limit of 85,000 petitions each FY. The regular quota (first category) allows for 65,000 petitions for overseas workers in a specialty occupation. The second category of 20,000 visas is reserved for the masters’ quota.

Annual Cap on H-1B Visa Cap

Because of the strict limits, the H-1B visas are issued on a lottery basis if the number of visa applications exceed the annual visa cap.

The H-1B petitions can be submitted 6 months prior to the start of fiscal year. The US Government’s fiscal year starts on October 1. So, you can file the petition as soon as the window opens on the first business day in April.


H-1B Petition Process

The sponsor will file the petition for H1B visa on behalf of the employee. A 2-step process is followed for the petition.

1) Labor Condition Application (LCA)

The employer must file the Labor Condition Application (LCA) with the US Department of Labor (DOL). The processing may take a week or so.

2) Filing for H1B Petition

Upon LCA approval, the employer has to file Form I-129, the required filing fee and other supporting documentation including the approved LCA with the USCIS.

The processing time for H1B petition will depend on how it was filed – regular or premium. You can track your H1B status with the petition receipt number on USCIS website.

How to Ensure Proper H-1B Petition?

  • Ensure to fill all required sections of the Form I-129 petition including the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement
  • Ensure to write “Beneficiary Confirmation Number” on the H Classification Supplement
  • Ensure to provide a copy of the H-1B Registration Selection Notice
  • Ensure that the information during registration matches the information on petition
  • Ensure to sign all forms in black ink
  • Attach checks with correct fee amount
  • Ensure to submit all required documentation and evidence with the petition at the time of filing
  • Ensure that the LCA reflects the position in your petition
  • Ensure to file the petition with the correct USCIS service center

Documents Required-

  • Passport
  • Labor Certificate Approval
  • Appointment Letter of current employment
  • Tax returns paper of the company
  • Copy of the letter sent to the Department of Justice
  • Copy of Educational certificates
  • Copy of previous employment/certificate
  • Copy of current U.S. License or temporary license
  • Copy of resume with supporting certificates
  • Passport sized colored photographs
  • Copy of H-1B petition

After completion of the H-1B petition, the applicant should complete a visa application form, pay the fee and appear for the visa interview at the nearest applicable US consulate in the home country.


The H-1B Visa Interview Questions

The H-1B Visa Interview Questions

One of the prominent steps that the applicant will have to go through prior to procuring a H1B visa is attending a personal interview. Based on the performance in the interview, the applicant may or may not receive the H-1B visa.

So, it’s imperative for the applicants to be prepared to answer anything the interviewer might potentially ask.

In the need of the hour, to help you best prepare for your H-1B visa interview we have made a list of commonly asked interview questions.

1) General Questions-

  • Could you please give me your passport?
  • Why do you want to go to the US?
  • What will you work in the US?
  • Have you ever applied for a non-immigrant visa to another country?
  • Do you have family or friends in the US?
  • Have you ever studied in the US?
  • What citizenships do you hold?
  • Do you plan on returning to your home country after your work in the US ends? If yes, then why?
  • Could you please furnish your approved Form I-129?

2) Educational Qualification Questions

  • What is your highest educational qualification?
  • Do you have any additional certifications outside of your degree?
  • When did you graduate and from which university?
  • Are you currently studying?

3) Work Experience Questions

  • What was the last job you worked in?
  • Which company did you work for?
  • What is your work experience?
  • What was your salary?
  • How does your previous work experience relate to what you will do in the US?

4) US Employer Questions

  • Which company will you work for in the US?
  • How did you come to know about your employer in the US?
  • How did you contact the employer in the US?
  • What is the name of the CEO/President of your employer?
  • How many employees work at your sponsor company?
  • What is the salary that you will receive in your sponsor company?
  • What will be your job title and responsibilities?
  • Why are you qualified for this position?

In Conclusion
Every year, thousands of foreign students and workers are gaining employment opportunities in the American companies that are trying to fill positions that require special knowledge or education.

According to the US Bureau of Labor Statistics, the number of foreign workers in the U.S. labor force has reached 27.4 million, or 17.1 percent of the total number of workers in 2018.

Due to the high demand for educational and employment opportunities in the USA, the H-1B applicants are advised to keep updated with the latest news on the H1B visa and plan accordingly.

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