Visas issued for entry to work in the United States are divided into several categories. One group is the H-1B category that permits college graduate-level, non-immigrants to work for up to six years in the United States in specialized positions. These jobs require technical expertise in fields like information technology, accounting, engineering, mathematics, medicine, and more. In many situations, U.S. companies are unable to find a sufficient number of U.S. citizen candidates and must look elsewhere for individuals with these capabilities.
H-1B Visa Cap
According to the United States Citizenship and Immigration Services (USCIS), the limit for H-1B Visas granted annually stands at 85,000 per year with 20,000 of those allocated for Masters or higher level degree recipients. Petitions for an H-1B visa, Form I-129 (Petition for a Non-Immigrant Worker) that are subject to the 2018FY cap will be accepted as of April 3, 2018.
Once the petition is initially reviewed and accepted at the USCIS office, the agency sends a Form I-797, Notice of Action, permitting the case to proceed. The notice assigns a 13-digit Receipt Number to use as your reference in the future.
Alternatively, if the petition has been completed incorrectly or another problem exists, you may receive notice that your request has been rejected. Petitioners can reapply, making sure they have followed instructions precisely, so the case may proceed through the review process.
If you are an employer in need of workers with specific education and specialized skills, you may be asking: “Should I find an immigration attorney near me to improve my chances of getting an H-1B Visa?” The answer is a definite “yes.” Advice and assistance from a professional immigration attorney near me can improve the acceptability of the petition and monitor the progress.
Checking on Your H-1B Visa Status
While USCIS’ review and determination of your petition may take months, you can monitor your H1B Visa status online, or even check in by phone. There can be delays and an immigration lawyer can help by reviewing the H1B Visa status and possibly get a delayed application progressing again.
The USCIS operates several processing centers. In Texas, the USCIS Service Center happens to be located in the Dallas area. The time until final determination varies among the offices. You can check on the typical waiting time of your particular USCIS service center by visiting the USCIS Processing Time website. The site shows in real-time how long the processing of each classification of visa petitions is taking.
The first step is to access the USCIS Case Status Search to learn where your petition stands at any time. The location of the website is https://egov.uscis.gov/casestatus/landing.do.
Once you have accessed the Case Status Online page, the next steps are:
- Enter the 13-digit Receipt Number you were issued when your petition was accepted. The number should be entered without any spaces.
- Click on the “Check Status” Button
- Here you may read the current H1B Visa status of your petition.
- For future reference, you can request e-mail notifications in the future that will advise you when the case status changes.
What are the H1B Visa Status Levels?
When checking online, you will see one of several possible H1B visa status conditions. These are:
- Case was Received and Receipt Notice Emailed
- Case was Received
- Request for Additional Evidence Mailed
- Response to USCIS’ Request for Additional Evidence Received
- Case was Approved, and Decision was Emailed
- Case was Approved
- Decision Notice Mailed
- Error: Application Receipt Number Invalid
- Name was Updated
- Fees will be Refunded
In the case of the “Decision Notice Mailed,” this usually indicates that the petition has been denied. In these cases, the USCIS provides reasons for denial and possible options.
Contact Davis & Associates in Dallas, Texas
Immigration law can be confusing and complicated. To help manage the process of obtaining an H-1B Visa petition, the assistance of professional and experienced immigration lawyer can make the difference between success and failure. Knowledge of completing and submitting an I-129 Petition correctly and understanding the timing, lottery process, and particular status of each case is essential.
If you are looking for an immigration attorney near me, contact the award-winning immigration law firm of Davis & Associates to schedule a free consultation to discuss your H1B Visa status or any other immigration matters. The multilingual, caring staff and lawyers at the Davis & Associates team, led by highly respected lead attorney Garry Davis, will be pleased to meet with to help with any immigration questions and issues that you or your family may have.
Phone Davis & Associates to schedule a free initial consultation at (214)-628-9888.
About Davis & Associates:
Davis & Associates is the immigration law firm of choice in North Texas including Dallas, Fort Worth, Plano, Frisco, McKinney and surrounding areas. Their attorneys provide expert legal counsel for all aspects of immigration law, including deportation defense, writs of habeas corpus and mandamus, family-sponsored immigration, employment-sponsored immigration, investment immigration, employer compliance, temporary visas for work and college, permanent residence, naturalization, consular visa processing, waivers, and appeals. Attorney Garry L. Davis is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.