H1B Visa Sponsorship

5 Challenges in Finding H1B Visa Sponsorship

Raghuram Sukumar H1B and H4 Visa 13 Comments

One of the hot topics right now among tech workers is how to find H1B Visa sponsorship.

In this article, you can learn about how to find a H1B visa sponsors, challenges involved in finding a job, employer who can sponsor H1B Visa.

Here’s 5 challenges you need to overcome to H1B Visa and start working for an employer.

  1. Employer ( or consulting company)
  2. Job
  3. H1B Quota
  4. USCIS approves H1B application
  5. Getting Visa ( if you are located outside USA)

Depending on your current status and where you are located and who is sponsoring your H1B impacts your chances of actually getting H1B application approved and H1B Visa stamping.

Majority of H1B visa applicants are Indian nationals and IT Services companies from India. In addition to that there are several hundreds if not thousands of small consulting companies in USA, in additional big corporations who sponsor H1B Visa every year.

According to Department of Labor, Q1 of 2014 ( October 1, 2013 to December 31, 2013) over 67,000 H1B Labor condition applications were processed.  CTS applied for over 22,500 applications out of 67,000. Followed by Wipro and Cisco.

So, why is it so challenging to find H1B Visa sponsorship?

8 Possible Change of Status to H1B

  1. Current H1B to New Employer/Job H1B Transfer
  2. OPT to H1B
  3. H4 to H-1B
  4. L1 to H1B Visa
  5. L2 to H1B
  6. Applying for h1b from outside USA
  7. Non profit to H1B
  8. J visa to H1B

There could be other status transfer to H1B, but I have listed some of most common change of status to H1B.

H1B Transfer to New Job

This is the easiest of all the above, provided you already have an approved H1B that is counted under previous years H-1B Cap.

You don’t have to worry about lottery and cap count. Find a new job and your New H1B visa sponsorship will apply for H1B transfer application.

In fact, you can start working for new sponsor after H1B application is received by USCIS. You don’t have to wait till USCIS approves your H1B Transfer application.

OPT to H1B

OPT to H1B is less complicated compared to other possible options. Why?

Chances are you will be working for an employer with your OPT status. Your employer can apply for H1B Visa in April.

Even if your OPT Expires while the H1B Visa application is being processed,  under OPT Cap Gap Rules you can continue to work for certain period of time.

If there is H1B visa lottery and your application is selected in random lottery process, then you have a very good chance of getting your H1B application approved.

If your application doesn’t get selected in the lottery and if you have OPT is NOT expired, you can continue to work till OPT end date.

H4 to H1B Visa

There are a lot of high skilled spouses in USA on H4 Visa.

It’s very hard personally, emotionally for a family when your spouse with professional degree, work experience is unable to have a career and contribute to the American Economy.

If lawmakers think giving work authorization to H4 visa holders will flood that market with new job seekers, then allow them to create companies, which in turn can create jobs.

In past few months, I have received several emails like the following looking for H1B visa sponsorship.

I am looking for H1B sponsor for my wife, as she is on H4. She has 6+ yrs of experience in Dotnet. If yes the what would the charge and process? Please advise.

I am writing to express my interest in the QA consultant position. (H1B aspirant)
Could you please help me to find out the best employer for H1B visa.  I have 5+ Years of experience in Quality Assurance and Software Testing methodology and process.  I have a good understanding of testing methodology and practices. I am herewith attached my resume. I look forward to hearing from you soon.

Here’s why it’s difficult for H4 visa holders to find H1B sponsors.

Additional H1B Visa Sponsorship Challenges

Employer have to apply for H1B Visa in the month of April. For instance April 1, 2014 for H1B Visa Fiscal Year 2015.

  • April : Apply for H1B
  • May : Wait for H1B Approval
  • June : Wait for H1B Approval
  • July : Wait for H1B approval ( takes 3 months in average)
  • August : Approved
  • September : Keep Waiting
  • October 1 : Start working.

Here’s the biggest Problem : Why would an employer wait for 6 months to have someone start working?

Because of this log gap between hiring and start date, most companies and potential H1B sponsors with job openings ignore lot of talented skilled workers in H4 visa.

Only other options for H4 workers to find H1B visa sponsorship is via consulting companies.

Here’s the difference between finding a job vs employer is different in this case.

When a consulting companies applies for H1B, they have to prove to USCIS that there is a job and consulting project waiting for the new hire.

Anyone working in IT filed will know that companies don’t award projects and wait for 6 months. So, it’s a huge challenge for consulting companies to prove there is a job, project at client site waiting for the new hire.

USCIS can ask for actual signed contract with the companies as a proof of project availability.

Sometime consulting companies cannot prove some of the questions asked by USCIS via RFE ( Request for More Evidence). If companies cannot prove the query, USCIS could deny the H1B Visa application.

That’s the exact reason, why OPT to H1B is much easier route compared to other change of status options to H1B Visa.

I heard the some consulting companies are asking $5,000, $10,000 $15,000 to apply for H1B Visa for FY 2015.

Look at this slides to learn about how much it would cost for an employer to apply for H1B.

$15,000 is just ridiculous. What do you say?

But, here’s simple Math : When Demand Increases, Cost Increases.

Now, you know the challenges of finding H1B Visa Sponsorship.

Applying for H1B from India

If you are trying to apply for H1B from India, there are few more layers of challenges you have to overcome.

  • Employer should apply for visa
  • Project should be available after H1B approval
  • Employer must be willing to send you to USA
  • Some companies might not even give the approval document to you
  • Getting visa stamping from US embassy or consulates

Questions to You

  • Are you looking for H1B sponsors this year?
  • Were you able to find company who can apply for H1B this year?
  • How much are they asking for H1 application?
  • Will they ( consulting companies) refund the money of H1B is not selected in the lottery?
Raghuram Sukumar5 Challenges in Finding H1B Visa Sponsorship