Problems With The H-1B Visa

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H-1B Visa Holders Share Their Problems

Problems with the H-1B visa are becoming more difficult to overcome for foreign workers and U.S. companies seeking qualified employees. A common complaint is that new legislation intended to fix the H-1B visa program has only made things worse. Not only that, but also many H-1B holders have concerns as they face increasingly difficult challenges. Below are common problems as reported by some H-1B visa holders.

H-1B Is A Highly Restrictive Program

As an H-1B visa holder, you must have a job the entire time you are on the program. If you end up losing your job and are unable to replace it with another H-1B qualifying job, you risk becoming an Out of Status foreign resident. When this happens, the USCIS may question your stay in the USA and can even bar you from future attempts to return to the United States.

You Have To Work Only For Your Visa Sponsor

As an H-1B holder, you obligated to work only for the company that sponsors your visa. You are unable to have any other paid employment, including freelancing, working on your own startup business, or earning an income from other means.

Documents Are Valid Only If Your Visa Is Valid

Every official document in the United States while on an H-1B visa is linked to its validity, including your Driver’s License. For example, if your I-797 form is set to expire one month from now and it’s not renewed, you can end up losing the validity of all your documents despite their individual expiration dates.

Remember: Every official document you have in the USA is linked to the expiry date of your H1-B visa – When it expires so does your driver’s license.

Filing The H1-B Visa Paperwork Is Costly And Complex

Generally, most H-1B applicants agree that the H-1B visa application is difficult to file. As a result, it usually entails having a legal expert file the paperwork for you, which can result in additional legal fees. So every time you need an H-1B visa transfer or amendment due to changes in your existing job or location, or for a new job, you have to do it in a systematic manner, which ends up costing you time and money.

A Lot Of U.S. Companies Do Not Want To Hire H-1B Visa Holders

Because it is difficult, expensive and time consuming to file for an H-1B visa, companies tend to shy away from H-1B visa holders. It is not uncommon for U.S. employers to reject H-1B visa applicants for positions.

A Possible Solution To H-1B Visa Problems

If you are considering a new life in the USA for you and your family and you feel that the H1-B is to unreliable for your needs, an EB-5 visa is an option you should consider. The EB-5 visa program allows you to seek permanent residency in the U.S. in return for a capital investment of as little as $500,000 into a new commercial, job creating, entity.

If you feel that the EB-5 may be a viable option for you and you would like to learn more about the program contact us and we can help you understand the requirements of the program as well as work with you through your entire EB-5 process. Alternatively, simply request a copy of the EB-5 visa step-by-step guide by using the link below.

Download Your EB-5 Visa Step-by-Step Guide

This 10-step guide will take you through each step on your path to permanent residence using the EB-5 Visa Program - It's Free
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