Woman talking to her lawyer about H1B visa petitions

H1B Visa Petitions: Top 3 Misconceptions

As with any other complicated government process, you’ll probably hear more conflicting information about getting and working in the U.S. under the H1B visa. This is unfortunate because many applicants rely on this “misinformation” instead of researching for themselves and getting the real score. That said, here are the top misconceptions you should know about getting an H1B visa:

“Premium Processing” would increase your chances of getting an H1B Visa

While you might assume that because of the extra fees for premium processing, you could increase your chances of obtaining an H1B, but this is not the case at all. The United States Citizenship and Immigration Services (USCIS) developed this provision to provide employers who are looking to hasten the application process for their prospective employees.

This means that if you decide to file your petition and select premium processing, your application might be reviewed earlier. Buhler Thomas Law, P.C. and other immigration attorneys in Utah explains, however, that this won’t increase your chances or guarantee that you’ll be granted an H1B visa.

Filing your petition in early April would increase your chances of being approved since there will be more slots open

The timing of your filing doesn’t have an effect on your chances of being granted an H1B visa. Even if the USCIS received and reviewed your petition last, it won’t matter because what matters is that your visa petition falls under their cap/limit count. Otherwise, you won’t make the cut. Do note that if you filed your petition early and they decide to do an H1B lottery, you could increase your chances of being counted in their cap count.

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Your chances of being granted an H1B Visa is slim because you didn’t do your MS in the U.S

This is false. Although having a U.S. degree would make an H1B visa petition exempted from the standard quota and counted among the 20,000 visas reserved for employers who specifically need candidates with a U.S. degree, the chances of your petition being approved won’t be affected by having or not having a U.S. degree. However, you would have to make certain that your degree is equivalent to a U.S. degree as per USCIS requirements.

As you can see, the rules surrounding H1B visas are many and varied. You can’t let these misconceptions hinder or delay the filing of your petition. If you’re unsure how to file your petition, your best recourse is to seek help from an experienced immigration attorney who will assess your case and determine your best option.