How does H-1B visa work?
What is the H-1B visa? The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers for specialty jobs that require a bachelor's degree or equivalent. This can include occupations in fields such as IT, finance, engineering, architecture or more.
How long is H-1B visa valid for?
The H-1B is a Specialty Occupation work authorization visa with a cumulative maximum duration of 6 years. The initial period of stay for those in H-1B status is three (3) years, with extensions available for up to three (3) years thereafter.
Is it hard to get an H-1B visa?
How Difficult Is It To Get an H1B Visa? H1B visa requirements can be difficult to meet because you must first be hired by a U.S. employer who is willing to sponsor you. Competition for jobs in the United States is fierce, and demand for visas to enter the US grows daily.
What happens when you get H-1B?
If the application has been approved the employer will receive an approval notice from the USCIS, this approval notice will be forwarded to the employee so that he/she may be able to produce this at the visa office for stamping of the visa.
Can H1B apply for green card?
Can H1B Visa Holders Apply for Green Cards? Yes. The H1B visa is a dual-intent visa, which means that those who hold it are eligible for permanent residency by applying for a green card. If you are interested in staying in the US, you should start the process of applying for your green card sooner rather than later.
Can I apply for green card after H1B?
Yes, all H1B visa applicants are eligible to apply for a green card after their H1B expires, because the visa is dual-intent. If a permit is of dual-intent, that means that you have the option to submit paperwork for a green card.
How much does an H1B visa cost?
How Much Does it Cost to Apply for H-1B Visa? The H-1B visa cost can range from $1,720 to $6,470 or more depending on attorney fees, optional fees, and employer criteria. However, only lottery-selected petitions will pay more than the $10 registration fee.
Can I apply for H-1B without a job?
No, this is not possible. To apply for this visa, you must have a job offer from a U.S. company or organization.
Why are so many US companies not willing to sponsor H1B visa?
The short explanation for why companies don't sponsor H1b – or employment – visas is that they don't feel like they need to. Sponsoring an H1B visa requires extra effort on the company's part to collect data, work with lawyers and the government, and manage timing.
How much can H-1B save in USA?
As you can see, you can save anywhere from close to $1000 USD for lower salary and about $4,100 if you make higher salary.
How can H-1B stay in US after 6 years?
Once H1B holders reach that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery.
What is an H1B visa?
The H1B is a special visa that allows foreign nationals to perform specialty occupations in the United States. This work can be in - but is not limited to - any of the following fields:
What are the benefits of H1B?
One big advantage of H1B visa is the portability benefits. This means that if you are on an H1B and change employers, you can begin working for a different employer upon filing your new petition.
What is H1B in the US?
The H1B allows foreign nationals to perform specialty occupations in the United States. This allows highly qualified individuals to work and live in the US. This benefits both the beneficiaries and the US economy.
How long can a beneficiary stay in the US?
If there is a change in worksite, a new labor condition application must also be submitted. If the job ends unexpectedly, the beneficiary may stay for up to 60 days or until the visa expires, whichever is shorter. During this time, the beneficiary may attempt to find a new employer to remain in the US but may not work. It is important to note if there are any changes to a beneficiary’s job position or to the US company. Here, an immigration lawyer can help you determine what steps are required to be in compliance with the H1B visa program.
What is employer control in USCIS?
Control is the ability of the petitioner to determine when, where, and how the beneficiary completes his/her duties. USCIS will deny a petition if the beneficiary will not be an employee or report to the petitioner.
How long do you have to work to get an H1B visa?
Begin work in the United States. H-1B beneficiaries may arrive in the United States up to 10 days before the start date of their petition and stay up to 60 days (with some exceptions) after the termination of their H1B status. Upon arrival, you should present your passport, H1B visa, and Form I-797 approval.
How long before I can apply for a visa can I apply for a visa?
Note that you cannot apply for a visa more than 90 days before the start date of the job . Upon scheduling a consular interview, the foreign national will meet with a US consular officer and show them their I-797 approval.
What is H1B Visa Stamping?
In case you are granted an H1B visa, you need to go on and apply for the H1B visa stamping. This a process on its own, and you should check out the H1B visa stamping article for more details.
How to Extend the H1B Visa?
The H1B extension procedures are similar to the initial application process. You will need to pay the same fees, except for the Fraud Prevention and Protection Fee. Your employer will also have to follow the same procedures for getting certification from DOL and an approved petition from USCIS. In addition, you will submit these documents:
How Long Can I Stay in the US with an H1B Visa?
The H1B visa is initially valid for 3 years but can extend for another 3 years. In total, a person can stay and work in the US for 6 years at most. However, that does not mean that the person must return to their home country. What makes the H1B visa popular is that it is a dual intent visa.
How to See My H1B Status Updates?
When your employer submits the H1B visa petition, you will receive a 13-digit receipt number which you can use to check on your H1B status on the USCIS website . The receipt number starts with an “ EAC, WAC, LIN, SRC, NBC, MSC or IOE” and is followed by 10 numbers. Your status could state one of the following:
What is an H1B amendment?
The H1B Amendment requires US employers to file an amended petition in case the employee has any material changes. Material changes are defined as anything that impacts the employee’s eligibility for an H1B visa. The USCIS does not give a list of what qualifies as such a change, but examples include:
What is lottery in H1B?
The lottery is the process through which the USCIS selects which applicants will receive an H1B visa. The selection is entirely random.
How much does it cost to get an H1B visa?
Besides the $190 for the H1B application at the embassy additional fees you have to pay for the H1B visa are:
What is the I-129 form?
Once the LCA process has been completed, the employer can proceed to submit the H-1B petition by filing the I-129. Form I-129 is officially known as the Petition for Nonimmigrant Worker. The employer must be sure to include the employment letter with the position’s exact duties, dates of employment, detailed description, salary offered, position requirements, contact information, etc.
What documents are included in a foreign employee's supporting documents?
The foreign employee’s academic qualifications, training certificates, membership documents, resume, and letter of support must also be included as part of supporting documents.
When was the H-1B visa reform act passed?
The H-1B Visa Reform Act of 2004 was a part of the Consolidated Appropriations Act, 2005, which President George W. Bush signed on December 6, 2004. For employers with 26 or more employees, the required retraining fee was increased from $1,000 to $1,500, and it was reduced to $750 for all other employers.
What was the first immigration law?
Truman. For the first time, the Immigration and Nationality Act codified United States' immigration, naturalization, and nationality law into permanent statutes, and it introduced a system of selective immigration by giving special preference to foreigners possessing skills that are urgently needed by the country. Several different types of visas were established, including a H-1 visa for "an alien having a residence in a foreign country which he has no intention of abandoning who is of distinguished merit and ability and who is coming temporarily to the United States to perform temporary services of an exceptional nature requiring such merit and ability." The term "distinguished merit and ability" was not new to United States immigration law; it had previously been used as a qualification for musicians and artists who had wanted to enter the United States. The visa was called an H-1 visa because it had been made into law by section 101 (15) (H) (1) of the Immigration and Nationality Act.
How long does it take for an I-907 to be processed?
U.S. Citizenship and Immigration Services guarantees processing of applications and petitions within 15 calendar days. U.S. Citizenship and Immigration Services will send an approval notice, a denial notice, a notice of intent to deny, a request for additional evidence, or open an investigation for fraud or misrepresentation within 15 calendar days of receiving Form I-907: Request for Premium Processing Service. If the 15-calendar-day window is not satisfied, then the Premium Processing Fee will be refunded.
Does H-1B status reduce time spent as a dependent?
The memorandum stated that time spent as either an H-4 dependent or an L-2 dependent does not reduce the maximum allowable period of stay available to individuals in H-1B status.
Does the H visa apply to Guam?
territory of the Commonwealth of the Northern Mariana Islands, and it stipulated that, during a transition period, numerical limitations would not apply to otherwise qualified workers in the H visa category in the U.S. territories of Guam and the Commonwealth of the Northern Mariana Islands. The exemption does not apply to any employment to be performed outside of Guam or the Commonwealth of the Northern Mariana Islands.
What is an H1B visa?
The H1B visa is a temporary non-immigrant worker visa that makes it possible for US businesses and organisations to employ graduate level or otherwise specialist foreign nationals in speciality occupations.
How to apply for H1B?
There are also H1B eligibility requirements for the job that you wish to be employed in. At least one of the following must apply: 1 The job’s minimum entry requirement is a bachelor’s degree or higher degree, or an equivalent qualification and experience. 2 The requirement of a degree for this job must be the norm for the related industry, or the job must be so complicated or specialised that it can only be carried out by an individual who has a degree. 3 The employer requires a degree or equivalent for anyone employed for the job. 4 The duties involved in the job are so complex and specialised that the knowledge level generally associated with a person who holds a bachelor’s or higher degree is required.
What to do if H1B is not successful?
If your H1B petition is not successful, take advice on alternative visas such as the L1 visa for intracompany transferee roles or the O1 visa for individuals with extraordinary ability or achievement in the sciences, arts, education, athletics or business. Your options will depend on your circumstances.
What happens if a H1B petition is successful?
If the petition is successful at this stage, it will then be examined by an immigration officer to make sure that you and your employer meet all of the H1B visa requirements.
What is the eligibility for H1B visa?
Eligibility for an H1B visa relies on the applicant possessing an offer of employment in a suitable role from a US employer and the fulfilment of at least one of the following:
How many petitions are there for H1B?
Once the 65,000 H1B cap has been filled, 20,000 petitions will be randomly selected from the Masters Cap petitions. Any of the 20,000 that are not selected will go back into the regular cap.
How to apply for a non-immigrant visa?
On approval of the Non-immigrant Worker Petition, you may apply for your visa through the Online Non-immigrant Visa Application system form DS-160. You will be expected to attend an interview at your local US Embassy or Consulate.
What is an H-1B visa?
Obtaining an H1-B visa will allow a United States company or employer to sponsor a nonimmigrant to come to the United States and work in what’s known as a “specialty occupation.”
Who can use H1-B visas?
Nonimmigrants who are slated to work under a “specialty occupation” are eligible to be sponsored by their future employer for an H1-B visa. They must hold a minimum of a bachelor’s degree or its equivalent from an accredited university. Those with higher education can also receive this visa.
How are H-1B visas different from other nonimmigrant visa programs?
However, an H1-B visa provides the most streamlined process to gain permanent resident status for a foreign employee through a concept known as “dual intent.”
How long can a nonimmigrant work in the US?
A nonimmigrant worker that receives an H-1B visa can work in the U.S. for up to three years on an initial grant of status. The employer has the ability to extend the status of that worker for only an additional three years, unless the employer seeks an employment-based green card for that worker while they’re in the U.S. on their H-1B visa.
When did Trump suspend H-1B workers?
Before we go further, an important note: President Trump issued a proclamation in June 2020 that suspended the entry of many H, J, and L temporary workers into the U.S., specifically including H-1B workers. In October 2020, U.S. District Judge Jeffrey S. White halted the implementation of the proclamation with a preliminary injunction ...
Can an employer hire highly educated non-immigrant workers?
Employers sometimes have the option of hiring highly educated nonimmigrant workers if they are unable to find workers domestically. Nonimmigrant workers can typically be sponsored for a limited time by an employer through the H-1B visa program, issued under the Immigration and Nationality Act. Though the program provides benefits for both parties, employers should review and consider the program’s terms and conditions before beginning the application process.
What is an H1B visa?
The H1B visa is a US non-immigrant visa in the work visa USA category. Within the work visa category, the H-1 visa is for people who have specialty occupations. This means that they have completed advanced education degrees or have extensive training. The most popular type of the H-1 visa is the H1B or sponsorship visa.
What does USCIS want to know about H1B transfer?
They want proof that there is an employment relationship. If they believe that there is not enough proof of such a relationship, they will deny the H1B transfer. To make sure this doesn’t happen, submit all documents, especially the work contract.
What is the H1B Transfer?
H1B visa holders can change their employer while in the US under a process which is known as the H1B transfer. To be able to apply for an H1B transfer, they must first accept the new job offer is that you still have a valid H1B visa. They can then initiate the H1B transfer status, which could take several months.
How long does it take to get a H1B visa?
The processing time of a H1B visa transfer takes 1 to 4 months to process under a regular procedure and 15 to 30 days for premium processing. The answer from USCIS might be positive or negative. However, if the applicant wants the processing to go faster, they will have to pay the H1B transfer premium processing.
What is the difference between H1B and H1B?
One difference between the initial H1B visa and the H1B visa transfer is the lack of a visa cap. The H1B visa has a cap of 65,000 people annually that can get this visa. But the H1B transfer has no visa cap. So if you already have an H1B visa, you do not go through the H1B lottery. This means that you do not count towards the visa cap to get the transfer.
Why is my H1B transfer denied?
This happens because you might not have an advanced degree or maybe your diploma is not the right fit for the position.
What happens when USCIS approves an I-797?
USCIS processes the form and either approves or denies the petition. While it is processing, USCIS sends a receipt number to the employer and employee. Once this receipt number is received, the employee can begin working for the new employer. When the petition is approved, both parties receive the I-797 form.
What is an H-1B transfer?
When you get a new job on an employment-based visa, the only thing that transfers is you—from one job to another. However, the process of applying for a new H-1B visa after changing jobs is commonly referred to as an “H-1B transfer”.
What happens if H-B visa extension is denied?
If an extension of your H-B visa is denied, you may have to leave the country and re-enter with a new H-1B petition under a new employer. At the very least, you will be able to obtain a new I-94 card with a new departure date. According to The Society for Human Resource Management, your employer does have an obligation to provide you with the “reasonable costs of transportation” back to your last foreign residence.
How long is the grace period for a nonimmigrant visa?
The 60-day grace period is a new rule that became effective at the beginning of 2017. The grace period begins on the day your employment has ended with your sponsoring employer, regardless of any severance pay you may receive. This 60-day period is only granted once per visa validation period. Conditions may apply depending on certain employment-based nonimmigrant and immigrant visa programs. You can read more about the grace period by visiting the USCIS website: USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs.
What is the AC21 form?
This form allows your new employer to employ you or amend the details of your non-immigrant visa status. This provision is part of The American Competitiveness in the 21st Century Act (AC21), signed into law in 2000, and allows for a smoother transition for you and your new employer.
Do you have to have a visa cap?
You are not subject to any visa caps.
How long does it take for a USCIS to process an I-765?
When all of the documents and application are submitted, the USCIS may take at least 90 days to process and issue the authorization. There is no premium processing service available for Form I-765 since it is not really a visa application, and is based an already valid H1B visa.
What happens if I change employer/I 140?
u need aproved i 140.. and employer has to apply.. if you change employer/i 140 is revoked.. you need to re initiate the process .. from PERM > i 140.. All this while( changing employer/revoke) the spouse is not considered EAD ( Eligible to work)
Can a spouse of a H1B visa work in the US?
Until 2015 the spouses of H1B visa holders were not permitted to work in the US, unless they had secured their own H1B visa sponsor and petition approval. However, that rule changed last year, and they can now submit an application for employment authorization based solely on their spouse’s H1B visa.
Can I work if I have a green card?
No..Unless her company applies for PR or Green card and I-140 approved you cannot work .
Is the H1B visa cap 60,000?
This is a significant rule change from last year since it potentially grants work status to a number of non-immigrants that is nearly equal to the annual H1B visa cap of 60,000. For some reason, the H1B visa program had previously excluded dependent spouses, while other visas such as the L-1 intercompany transfer allowed work authorization.
Overview
Notes
1. ^ "Worldwide NIV Workload by Visa Category FY 2019" (PDF). United States Department of State. Retrieved 22 June 2020.
2. ^ "8 U.S. Code § 1184 - Admission of non immigrants". LII / Legal Information Institute.
3. ^ "8 U.S. Code § 1184 - Admission of non-immigrants". LII / Legal Information Institute.
Structure of the program
An H-1B visa allows an individual to enter the United States to temporarily work at an employer in a specialty occupation. The regulations define a specialty occupation as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to biotechnology, chemistry, computing, architecture, engineering, statistics, physical sciences, journalism, medicine and health: doctor, dentists, nurses, physiothe…
Application process
The process of getting a H-1B visa has three stages:
• The employer files with the United States Department of Labor a Labor Condition Application (LCA) for the employee, making relevant attestations, including attestations about wages (showing that the wage is at least equal to the prevailing wage and wages paid to others in the company in similar positions) and working conditions.
History
On June 27, 1952, Congress passed the Immigration and Nationality Act after overriding a veto by President Harry S. Truman. For the first time, the Immigration and Nationality Act codified United States' immigration, naturalization, and nationality law into permanent statutes, and it introduced a system of selective immigration by giving special preference to foreigners possessing skills that are urgently needed by the country. Several different types of visas were established, including …
Protections for U.S. workers
The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers. For every H-1B petition filed with the USCIS, there must be included a Labor Condition Application (LCA) (not to be confused with the labor certification), certified by the U.S. Department of Labor. The LCA is designed to ensure that the wage offered to the non-immigrant worker meets or exceeds the "pr…
Impact
Studies have shown that H-1B visas have welfare-improving effects for Americans, leading to significant wage gains, lower consumer prices, greater innovation, and greater total factor productivity growth. While H-1B visas lead to lower wages and employment for competing U.S. workers, H-1B visas have led to lower prices for consumers, greater output, and improved performance by companies. H-1B visa holders have been associated with greater innovation an…
Criticisms of the program
The H-1B program has been criticized on many grounds. It was the subject of a hearing, "Immigration Reforms Needed to Protect Skilled American Workers," by the United States Senate Committee on the Judiciary on March 17, 2015. According to Senator Chuck Grassley of Iowa, chairman of the committee:
The program was intended to serve employers who could not find the skilled workers they need…