- The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL).
- Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS).
- If the petition is approved, the employee may then apply for a visa at a U.S. ...
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 does H1B visa take to process?
1 to 6 monthsIt takes from 1 to 6 months for a H1B visa to process under the regular procedure.
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.
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 H1B salary?
$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.
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
How long is H1B visa valid?
Typically, the initial duration of an H-1B visa classification is three years, which may be extended for a maximum of six years. Before an employer can file a petition with USCIS, the employer must take steps to ensure that hiring the foreign worker will not harm U.S. workers.
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.
How can I increase my chances of H-1B?
4 Tips to Increase Your Chances at an H1B VisaGet your application in as quickly as possible. The USCIS accepts applications in April and, believe us, they come in thick and fast. ... Only apply once. ... Don't pay your own fee. ... Make sure your employer is a “good” one.
What are the disadvantages of H-1B 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 is the eligibility criteria for H-1B visa?
Hold a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university. Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university.
Who can sponsor H-1B visa?
H1B Sponsorship Companies Anyone with a bachelor's degree (or higher degree) is eligible to apply for an H-1B visa. This visa will allow people from different countries to work in the U.S. for three to six years.
How do I know if my H1B is approved?
To check your H1B status, it's essential to access the USCIS website and look there. You should get a receipt number or case from USCIS while waiting for the lottery results, and you need to use these in the H1B Visa Status Tracking System. Keep in mind that a 13-digit receipt number will be required from you.
What is the success rate of H1B visa?
For the FY 2021 lottery season, 274,237 petitions were received. Since 65,000 are designated for the visa cap, that's a 23 percent chance of selection.
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).
Can I start working before H1B approval?
A worker must be authorized to work pending the approval of an immigrant or non-immigrant working visa before that worker can work without violating the immigration laws and jeopardizing his future right to obtain the approval of the visa for which his employer has filed a petition.
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 documents are needed for an immigration petition?
The second requirement for the petition is the exhibit packet. This should include a copy of the biographic page of the beneficiary’s passport, a copy of the approved labor condition application, a support statement from the US company sponsoring the beneficiary, and a cover letter from your attorney. Other documents may also be appropriate to include in this section. This could include evidence of lawful status, resumes, transcripts, evidence of awards, or statements from other professional associations. An immigration lawyer can help you determine what is appropriate to include in your individual application.
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.
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.
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?
What is an H1B visa?
Commonly known as a US work visa, H1B is a nonimmigrant, employment based visa that is granted to an eligible temporary worker. H1B must-have a US based, specialty occupation at-hand and your employer must apply for your H1B visa petition with the US Immigration Department. Once approved, this petition is a work permit in the form ...
How many appointments are required for H1B visa?
After you pay the fees, you will have to schedule 2 appointments as part of the H1B visa process. The two-part appointment process consists of an appointment with one of the five Offsite Facilitation Center (OFC) to give Biometrics information that includes fingerprinting and photograph , and second an appointment with the Consulate or Embassy for a personal visa interview.
How long is the H1B visa good for?
The fee is good for a year from the date of payment. You must take an appointment within a year for your visa interview. Learn about how to pay H1 visa fee. Step 4. Take appointment for visa interview. After you pay the fees, you will have to schedule 2 appointments as part of the H1B visa process.
How many digits are in a visa barcode?
After successfully completing the application, you will receive a confirmation with a 10-digit barcode. Take a printout of this page. This will be needed for setting up your visa interview appointment.
When to schedule fingerprinting appointment for VAC?
After taking appointment with the consulate or embassy for personal interview, schedule the fingerprinting appointment at least a day or two before the interview at the consulate. Earlier, the fingerprints were taken during the personal interview. But under the new rules you are required to give the Biometrics information at the VAC appointment. This measure has been introduced to reduce congestion at the US consular facilities and to speed up the applicant processing. Schedule the visa interview appointment at the Consulate or Embassy prior to the VAC appointment.
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.
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.
