Opportunities

• H-1B is a non-immigrant status authorized by USCIS to work for a specific employer during the authorized period on a specialty occupation
• As long as you have a bachelor’s degree or foreign equivalent or 12 years of progressive experience and a sponsoring US employer offering you a specialty occupation, you may be eligible.
• H-1B holder can have dual intent, meaning extension of H-1B status is not adversely affected by application for permanent residency
• H-1B holder can depart US without Advanced Parole approval while Adjustment of Status is pending

Challenges

• First-time H-1B cap subject beneficiaries must go through a random selection with approximately 30% probability of being selected
• Recent higher level of scrutiny from USCIS. From fiscal year of 2015 to 2019 the approval rate of H-1B drop significantly from 95.7% to 75.4% and the chance of USCIS issuing Request for Evidence (RFE) increase dramatically from 27.3% to 60%.
• High pressured Requests for Additional Evidence from USCIS that challenges on the following issues
  • Whether the bachelor’s degree or higher in a specific specialty, or its equivalent, is normally the minimum requirement for entry into the particular position;
  • Whether the degree requirement of a bachelor’s degree or higher in a specific specialty, or its equivalent, is common to the industry in parallel positions among similar organization, or the particular position is so complex or unique that it can be performed only by an individual with a bachelor’s degree or higher in specific specialty, or its equivalent;
  • Whether the employer normally requires a bachelor’s degree or higher in a specific specialty, or its equivalent, for the position; OR
  • Whether The nature of the specific duties of the offered position are so specialized and complex that the knowledge required to perform these duties is usually associated with the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent.