April is a big month in employment-visa news because the U.S. government begins accepting applications for H-1B work visas. Each year, the government issues 65,000 of these visas, and the applications always exceed the quota. According to the Economic Times, this year the government received applications from more than 172,000 people in a one-week period.

 h1b visa

To determine who receives a visa and who doesn’t, officials rely on a computerized drawing that randomly selects 65,000 applications. In honor of this year’s lottery, we’ve compiled the answers to three frequently asked questions about H-1B visas.

If you have more questions about obtaining an employment visa in Louisville, we encourage you to call us to schedule a consultation with one of our experienced immigration attorneys. At O’Brien Law Group, we represent families from countries all around the world as they apply for green cards and work visas or fight deportation.

To learn more about our services, call us at 502-400-7890.

1. Can Spouses Of H-1B Visa Holders Work?

No. Currently, spouses of visa holders are not eligible to work. However, that may soon change. The Wall Street Journal reports that the government plans to issue a small number of spousal work visas each year to remain competitive in the global job market.

In many cases, successful spouses are reluctant to stop working and move to the United States with their spouse who holds an H-1B visa, because they would not have the ability to further their careers.

2. Can Employees Secure H-1B Visas To Work In A Startup?

Yes. However, it may be difficult depending on the size of the startup. The USCIS will be concerned that a new business doesn’t have the cash flow or foundations to guarantee steady work for the visa holder. As such, the company must offer proof that they can provide a stable job to the foreign worker.

Proof may take the form of venture capital, employee contracts, a business plan or annual reports. Startup founders should consult an immigration attorney before filing for an H-1B visa.

3. How Does An Employer Petition For The Visa?

Compared to the employee side of obtaining the visa, the employer’s part is very complicated. Employees are not permitted to self-petition, so employers must petition for them. The employer must first file a Labor Condition Application, signifying that hiring the foreign worker will not affect any jobs for U.S. citizens.

The government is most concerned that the employee will be paid the same wage and receive the same benefit package as any other employee. The employer must then file the petition during the first week of April and wait to hear the results of the lottery. If selected, the employer will pay a fee and begin the process of hiring the employee.

If you are hoping to live and work in the United States, you’ll need an attorney on your side who is knowledgeable in all areas of immigration law. At O’Brien Law Group, we have more than a decade of experience in the field, and we have extensive reach in immigration matters. Call us today at 502-400-7890..

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