how does the h1b visa work

H1B Visa Process

• Registration Period: Effective 2020. In winter 2019, DHS implemented the H1B CAP electronic registration rule. ...
• Submit an H1B Petition. Remember, you should submit two copies of your H1B petition. ...
• Receive an approval. ...
• Submit a visa application. ...
• Begin work in the United States. ...

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 H-1B visa process work?

There are four steps that must be taken to apply for an H1B visa, including:Applicant must find an H1B sponsor.Employer must submit a Labor Conditions Approval (LCA)Employer must submit Form I-129.Applicant completes an H1B visa application at a U.S. Embassy or Consulate.

How long does H-1B visa last 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.

How hard is it to get H-1B 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. Furthermore, there is a limit on the number of H1B visas granted each year.

What happens when you get H-1B?

Question: What happens after your H1B Visa is approved? Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date).

How much does H1B visa cost?

H1B visa costs for employersH1B feeAmount (US $)Who pays?Registration Fee$10EmployerBasic visa filing fee (I-129 form)$460EmployerPublic Law 114-113 Fee$4000EmployerPremium Processing (optional)$2,500Employer or employee3 more rows

Who is eligible for H1B?

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.

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 many times can I apply for H-1B?

Under normal circumstances, a foreign national is initially granted a period of stay of 3 years in H-1B status. When you near the end of that period, you will be able to apply for an H-1B visa extension up to a total of 6 years. An employer, however, can only request a total of 3 years on any given H petition.

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.

How can H1B 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.

How do I check the results of the H1B lottery?

To see if you are eligible to file for a H-1B visa, you can check your USCIS online account. The account will show the status of your application.

Can I expedite my H-1B visa?

Yes, premium processing is available for the H1B visa. To request premium processing, you will need to submit Form I-907, Request for Premium Proce...

Can I travel outside the U.S. on the H1B visa?

Having a valid visa allows you to go to a U.S. port of entry and request entry to the U.S.. If you leave the U.S. for travel and return, as long as...

Can I extend my H-1B visa?

Your H1B visa is generally valid for three years, and can usually be extended for up to six years. To do this, your employer will need to complete...

Can I transition from the H-1B visa to a green card?

The H-1B visa is a dual-intent visa, which means that yes, you can apply for a green card. Find out more about how Boundless can help you through t...

Who can sponsor the H-1B visa?

Any U.S.-based employer can sponsor the H-1B visa and register to file a petition on your behalf.

Can I apply for a H-1B visa if I don’t have a job first?

Because the H-1B visa is an employment-based visa and you will need your employer to file certain forms for you, you will need a job offer before y...

Will my family be able to come with me, if I hold an H-1B visa?

Yes, your spouse and any unmarried children under the age of 21 may be able to accompany you on H-4 visas.

Can my spouse work if I have an H1B visa?

If your spouse holds an H-4 visa, they may be able to apply for employment authorization if you, the H-1B visa holder, is on track to get a green c...

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:

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?

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 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.

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-2A visa?

An H-2A visa allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. An H-2A nonimmigrant classification applies to you if you seek to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis. A U.S. employer (or an association of U.S. agricultural producers named as a joint employer) must file a Form I-129, Petition for Nonimmigrant Worker, on your behalf.

What is a temporary visa?

This visa is required if you are coming to the United States to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers. Your employer is required to obtain a Department of Labor certification confirming that there are no qualified U.S. workers eligible for the type of employment on which your petition is based.

What is the form I-129?

The petition, Form I-129, must be approved before you can apply for a work visa at the Embassy or Consulate General. When your petition is approved, your employer or agent will receive a Notice of Action, Form I-797, which serves as your petition's approval notification. The consular officer will verify your petition approval through ...

How many days prior to I-797 can I travel?

However, when making your travel plans, please note that due to Federal regulations, you can only use the visa to apply for entry to the United States starting ten days prior to the beginning of the approved status period noted on your I-797.

What is a Type P visa?

Type P visas are issued to certain athletes, entertainers, artists, and essential support personnel who are coming to perform in the United States.

Where to conduct H and L interviews?

Please also note that starting March 1, 2019, interviews for H and L visas will only be conducted at the U.S. Embassy in Beijing or at one of the U.S. Consulates General in Guangzhou or Shanghai. We will no longer be conducting H or L interviews at the U.S. Consulates General in Chengdu and Shenyang .

Can a spouse work while on an H visa?

However, your spouse/children are not permitted to work while in the United States.

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 …

See more on dol.gov

General Guidance

Forms

Disqualified and Willful Violator Employers

Nonimmigrant Worker Related Agency Links