Webber Immigration News and Analysis
The Maze: A Podcast about US Immigration Law
Episode 12: Suddenly Everyone has an Opinion about H-1B Visas
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Episode 12: Suddenly Everyone has an Opinion about H-1B Visas

This episode will attempt to clarify some of the law and details associated with H-1B visas which were missed in a recent "Twitter war" on the topic.
  1. Sriram Krishnan

  2. Elon Musk/Vivek Ramaswamy

  3. Donald Trump

  4. Bernie Sanders

  5. H-1B visas are temporary work visas for professionals.

    1. They are not visa limited to the “best and brightest.”

  6. H-1B visas are available to all nationalities.

    1. They are not limited to just people from India.

  7. H-1B visas are available to a wide range of occupations and industries.

    1. They are not limited to the tech sector.

    2. H-1B for luthiers, physicians, teachers, lawyers, financial analysts, Peruvian buyer.

  8. There are both H-1B capped visas and cap-exempt visas.

  9. In general there is no labor market test associated with H-1B visas.

  10. Indians end up in H-1B status so long because of the “per country limits” on the Visa Bulletin.

TIPS:

  • Be sure to seek sponsorship by an employer that is “real.”

  • Think through the business model of your employer.

  • Know that H-1Bs are available for start-ups where you are a co-founder.

  • Concurrent H-1Bs are possible.

  • H-1Bs are specific to employer and job and worksite.

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