how does h1b visa process work

H1B Visa Petitioning Process for Employers

• Have a Labor Condition Application (LCA). The US employer must get an approved Labor Conditions Application (LCA) from...
• File a petition with USCIS. The second step is to give a job offer to the foreign employee and file the Form I-129. This...
• I-129 forms. Employers have to file separate I-129 forms for each employee.

Full Answer

What are the job requirements for a H1-B visa?

What are the requirements for the H1B visa? You must have a job offer from a US company. ... There must be a valid employer-employee relationship. ... There must not be any labor disputes at the workplace. ... The job must be considered a specialty occupation position. ... The job must require a bachelor's or higher degree (or equivalent). ... You must have paid all outstanding fees. ... More items...

What is the procedure to get H1B visa?

In addition to the employers, employees or H1B applicants also have to complete these steps:

• Fill in Form DS-160. The DS-160 is the most important part of the application. ...
• Schedule an interview. Try to schedule the interview as early as possible. ...
• Pay the H1B visa fees. The application fee is $190.
• Submit required documents for H1B Visa.
• Attend the H1B interview. ...

What are advantages of H1B visa?

What are the benefits of the H1B visa?

• You can simultaneously pursue permanent resident status. The H1B is a nonimmigrant visa. ...
• Your dependents can come to the US with you. Your spouse and dependent children (who are under 21 and unmarried) are eligible for H4 status. ...
• H1B visas have portability. One big advantage of H1B visa is the portability benefits. ...

Do you need a H-1B work visa?

An H-1B visa status is important to keep you in the country to work. Each year, only 85,000 are available. Of these 85,000, 20,000 H-1B visas are available only to workers that hold a master's degree or higher from an accredited U.S. university or college. This limit is referred to as the H-1B cap.

How does H1B process work?

H-1B Visa Eligibility In order to be eligible for the H1B visa, you will need: A job offer from a U.S. employer for a role that requires specialty knowledge. Proof of a bachelor's degree or equivalent in that field. Your employer must show that there is a lack of qualified U.S. applicants for the role.

How long is the process of H1B visa?

1 to 6 monthsIt takes from 1 to 6 months for a H1B visa to process under the regular procedure.

How is H1B visa granted?

Each application or "petition" is submitted by a sponsoring company that foots the bill on behalf of a candidate it seeks to employ. The program has an annual cap of 65,000, and an additional 20,000 visas are granted to employees with master's degrees from American universities.

What is the minimum salary for H1B visa?

$60,000For the $60,000 wage to be determined, the nonimmigrant has to receive an annual salary or hourly wages that in total make at least $60,000, whether the worker has a full-time or part-time job. At the same time, the salary has to be paid “cash in hand” and “free and clear”, as well as paid when due.

Is H1B visa hard to get?

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 are the disadvantages of H1B visa?

In this article, we'll outline some of the drawbacks of H-1B visas.It's only temporary. ... There aren't that many, and they're doled out fast.You can't work until your petition is approved. ... Spouses and children can't work without authorization. ... No automatic path to permanent residence. ... You can be replaced by U.S. workers.More items...

What are the chances of H-1B approval?

In 2018 (fy 2019) 170,098 H1B visa petitions were approved, and 65,000 were allocated for the regular cap, resulting in a less than 38% chance of being selected for H1B visa.

Who is eligible for H-1B?

To obtain the H1-B Visa, you must: Have 12 years of work experience. It can also be a mix of further education and work experience. Applicant must hold a bachelor's degree or its equivalent.

What is the probability of getting H1B visa 2022?

The split between the two rounds in 2020 (FY 2021) was 85% (lottery 1) and 15% (lottery 2), while it was 75% and 25% respectively in 2021 (FY 2022).

Is H1B lottery completed for 2022?

There is no set day on which the 2022 H1B lottery results will be released. Results may be released anywhere from April to August. In 2019, USCIS released a note saying that all lottery petitions that had not been picked would receive notification by August 29th.

How many H1B applications filed for 2022?

308,613 H-1BFor FY 2022, we received 308,613 H-1B registrations and initially selected 87,500 registrations projected as needed to reach the FY 2022 numerical allocations. We conducted a second selection in July 2021 of an additional 27,717 registrations due to low filing volume from the initial selection.

What happens when H1B is approved?

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.

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:

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.

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.

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.

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:

How Long Do I Have to Wait for Processing?

The H1B visa processing time depends from country to country. US Embassies in different countries/cities have various processing times, so it is best to contact them for any details.

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.

What is an H1B visa?

The H1B is a powerful visa that allows foreign nationals to work in the United States in “specialty occupations.” This guide will provide you with more information about the H1B visa process.

How to get H1B visa stamp?

To get an H1B visa stamp, it will require submitting Form DS-160. Please note the visa stamping appointment must be no more than 90 days before you will begin working in the United States. When your interview date arrives, you will go to an interview with a US consular officer. You should bring Form I-797.

How many steps are there in the H1B application process?

There are five main steps in the H1B application process.

What is the qualification for an H1B visa?

To be eligible for an H1B visa, you must have a job offer from a US employer willing to sponsor you, the job offer must be for a “specialty occupation”, and you must meet all qualifications for the job (e.g., education and licensure). A “specialty occupation” is defined as a job requiring a bachelor’s degree or higher (or the foreign equivalent).

What is the first form to file a petition?

The first requirement for the petition is Form I-129. This form requests additional information about the petitioner, the beneficiary, and the position. More information about Form I-129 can be found by clicking here. Please note you will also need to complete Supplement H of Form I-129.

Why do you have to register for the lottery?

The purpose of this registration period is to minimize the cost and time spent for people not chosen in the lottery system. In the past, you would have to complete the entire petition to be eligible for the lottery. With the registration process, you only have to provide some basic information. This creates a more streamlined, efficient process.

When do I need to register with USCIS?

Applicants must register with USCIS between the first three weeks of March (approximately). You can begin setting up your account on February 24th. You will sign up for registration by clicking here. You will have to submit some basic information about the petitioner and the beneficiary. It will cost $10 to complete this registration process. You are encouraged to seek an immigration lawyer to assist you with this process. My team and I would be happy to help you register.

Overview

The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.

Key News

On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications.

Understanding The H-1B Visa Cap

Before you can enter the United States under the H-1B classification and begin work, you may need to register with U.S. Citizenship and Immigration Services (USCIS) and be selected to apply.

The H-1B Visa Process

Once you have been selected to apply for the H-1B visa, your employer can begin the process by filing a petition on your behalf.

FAQs

When can I register electronically for the H-1B lottery, and when will I know the results?

How long does it take to process an H1B?

For instance, regular processing of H1B petitions do not have time limits and can take anywhere from a few weeks to a few months to process. There are cases that even push the 1-year mark of processing so your patience is key in this procedure.

How long does it take for USCIS to process new information?

The processing of the new information can take weeks, or in some cases, it can take up to months. It’s also important to keep in mind: The faster you submit the requested information, the faster the USCIS can continue with processing the new information.

What happens if you provide USCIS with more information?

For some reason, when the USCIS requests more information, applicants become weary and anxious about whether or not their petition will be successful. If this happens to you, simply provide the USCIS with the relevant information and documentation and your process will continue as normal.

What happens if my visa is not approved?

If your visa petition was not approved, you will receive a denial letter via mail and your status will state that your decision notice has already been mailed. If your status states that your name was updated, this doesn’t automatically mean that your petition has been denied.

Can everyone get an H1B visa?

You might have caught onto the fact that there are always more people who apply for the H1B visa than there are actually visas to give out. This means that not everyone who applies for an H1B visa will be granted one — it all depends on the H1B visa lottery. Even if you have applied in the master’s cap category and get pooled into the second round of the regular cap lottery, it does not mean that you are guaranteed an H1B visa.

Does USCIS send out emails for premium processing?

For example, if you decided to file for premium processing, your first status would be “Case Was Received and A Receipt Notice Was Emailed.” USCIS only sends out emails for premium processing. For normal processing, the applicant would receive the information via postal service. Keep in mind that premium processing procedure is slightly different than normal processing.

How Are the H1B Visas Processed?

The way that H1B visas get processed is quite random. The selection is called the H1B visa lottery. That shows that there is no order or preference in who gets selected. USCIS starts with the 20,000 petitions for those with graduate degrees from U.S institutions.

What happens after USCIS processes H1B visa?

After USCIS processes the H1B visa, they might ask for more evidence. The petitioner must provide this evidence and then USCIS will make a decision.

What are the Types of H1B Processing?

Because the U.S authorities are aware of the demand for the H1B visa, they have developed a long process of applying for an H1 B visa. There is also a specific way through which these visas get processed.

How long does it take for USCIS to process a petition?

Premium processing guarantees that the petition will be processed within 15 days of submission. If it does get processed within that time, USCIS refunds the fee. So instead of waiting for processing for months, they only wait for 2 weeks.

How long does it take to get an H1B visa?

The regular H1B visa processing time is from 1 month to 6 months. This also depends on the service center.

How long can an employer keep an employee on H1B?

After 3 years with the H1B visa, the employer might want to still keep the foreign employee in their company. The H1B visa rules allow an extension of another 3 years.

When does the H1B visa process start?

USCIS assigns a specific time when it will process H1B visa petitions. This starts in the beginning of April and goes on until the end of October. In October, the fiscal year for USCIS begins and lasts until September of next year.

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 ...

Who files the petition for the worker?

The employer files all of the petition documentation for the worker and pays for all the fees associated with the petition process.

Where do I get an I-797?

Employers will receive a Form I-797 Notice of Action if the petition is approved. The nonimmigrant worker will take a copy of the completed petition with all its forms and apply for their visa with the Department of State. They can do this at a consulate within their home country or at a U.S. embassy.

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.

Overview

• The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent ...

See more on dol.gov

Key News

General Guidance

Forms

Disqualified and Willful Violator Employers

Nonimmigrant Worker Related Agency Links