Here are the steps you need to go through in order to apply for the H1B visa:
- Make sure you qualify for the H1B visa.
- Find a petitioner by applying for a job opening in the United States.
- Have the petitioning initiated by your employer.
- Apply for the H1B visa at the nearest US Embassy/Consulate in your home country.
Full Answer
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 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...
Can I go for a visa interview with approved H1B?
You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States.
Is H1B a nonimmigrant visa?
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.
Can I apply for H1B visa myself?
Q: Can I apply for an H-1B if I am self-employed? A: In general, it is required to show a valid employer-employee relationship in order to obtain an H-1B visa. This is determined by whether the U.S. employer may hire, pay, fire, supervise, or otherwise control the work of the H-1B worker.
How can I apply for H1B visa?
Here are the steps that employers need to go through to petition a foreign worker:Have a Labor Condition Application (LCA).File a petition with USCIS.Fill in form I-129.Submit the forms and the documents file.Wait for the review from USCIS.
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 much does it cost for H1B visa?
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
Can I apply for H1B visa without job offer?
No, this is not possible. To apply for this visa, you must have a job offer from a U.S. company or organization.
What is minimum salary for H1B visa?
According to the Department of Homeland Security (DHS), the median wage for H-1B worker in 2021 was about $108,000. Compare this to the median wage for all US workers in 2021 - $45,760. H-1B wage growth has exceeded the growth for all US workers.
How long will IT take to get H1B visa approved?
The regular H1B visa processing time is from 1 month to 6 months. This also depends on the service center. The California and Nebraska Service Centers process H1B visas for an average of 2.5 to 4.5 months.
When should I start applying for H-1B?
For employers who are subject to the cap (and because the cap may be reached early every year), it is best to submit the H-1B application in April for the start of the new fiscal year on October 1 when the new batch of 65,000 H-1B visas become available.
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.
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 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:
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.
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 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 Kind of Health Insurance Am I Eligible For?
The type of H1B health insurance you are eligible for depends on how long you will be staying in the United States. As an H1b visa holder you can have:
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.
How do I submit my H1B Visa?
The H1B Visa application process is electronic as it works with an online process created by the USCIS . However, the Petition Filing Process is very important and to complete it you must follow these steps:
What is an H1B visa?
The H1B Visa is a US visa designed for “specialty occupation”, which means the holder of this document is well-prepared in a position that requires exclusive knowledge or skill.
How does applying with iVisa.com work?
iVisa.com is ready to help with your visa and travel document needs. We know applying for a visa can be complicated, and that’s why our full service includes the following once it is launched:
How long does it take to get an H1B visa?
The selection process can take from four to six months, and it depends on many aspects, including if the petitioner can continue with the selection process or not.
How much does it cost to get an H1B visa?
Firstly, the initial registration fee is USD10,00, which is required to enter an H1B lottery. Be aware that all H-1B visa applications are subject to a lottery system, meaning that, even if you qualify for all the requirements, you might not be awarded your visa if you don’t win the lottery.
What is the minimum requirement for a specialty visa?
In general, the basic requirement is that the applicant has a university degree or an equivalent (for example, 3 years of work experience), and there might be other requirements needed, including highly specialized knowledge or ability.
Is there an online registration for H1B visa?
In 2020, the USCIS launched an online registration process to get the H1B Visa (H-1B cap). This method has reduced paperwork and data exchange, and it has also made the application process a lot easier for applicants.
What is the H1B visa?
By this visa, companies can hire people who have a university degree for certain professions. Due to this, it is also known as a Person in Specialty Occupation Visa. Therefore, if the applicant has the following characteristics, he/she can apply for this visa:
What are the H1B visa requirements?
This job position requires a specialist who has a university degree or has taken specialized courses in a particular field. Expert people are people with special skills that not many people can do their tasks successfully. Specialists in information technology, physicians, lawyers, accountants, architects, and professors are some of the experts who are eligible to receive the H1B visa.
How to renew the H1B visa?
The same costs must be paid except for the Fraud Prevention and Protection Fee. The employer must go through the previous steps to obtain approval from the United States Department of Labor and the USCIS. The documents required to renew an H1B visa are:
How to access healthcare under this visa?
The type of insurance that an H1B visa holder can choose depends on the length of your stay in the US. The types of insurance that the visa holder can choose are:
How long is a H1B visa valid?
Initially, this visa is valid for three years. It can then be extended for another three years. So in most cases, you can use this visa to stay and work in the US for six years. This visa is a dual visa, meaning that the holder can apply to change the H1B visa status to an immigrant visa. So if you are qualified and have an appropriate job offer, you can apply for an Employment-Based Green Card.
How much does it cost to get an H1B visa?
If you make this appointment earlier, it will be better for you. The application fee for H visa categories is about $ 190. The cost of issuing the visa will depend on the embassy. In this case, you should seek guidance from the embassy where you are applying from.
How many applications does USCIS approve annually?
From October 1st until September 30th, the USCIS approves about 65,000 applications annually.
How does electronic registration help employers?
The electronic registration process has streamlined processing by reducing paperwork and data exchange, and has provided overall cost savings to employers seeking to file H-1B cap-subject petitions.
What is an online USCIS account?
There are three types of USCIS online accounts: Applicant/petitioner/requestor account – Individuals use this type of account to prepare and file applications, petitions or other benefit requests. You cannot use this account type to prepare or submit H-1B registrations.
Do I need to file a G-28 with an I-129?
A: Yes. The attorney, however, would need to file a G-28 with the Form I-129 H -1B petition to authorize their representation . Note that even if the attorney submitted a G-28 to represent a client for the registration process, they would still need to submit a new G-28 with the I-129 petition. Q.
Where to schedule a visa interview?
You must schedule an appointment for your visa interview, generally, at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at any U.S. Embassy or Consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence.
What form do I need to file for a temporary worker visa?
Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS. Your prospective employer should review the Instructions for Form I-129 on the USCIS website to determine whether labor certification is required for you.
What form do I need to bring for an L visa?
L Visa Applicants – If you are included in an L blanket petition, you must bring Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to your interview.
What is the purpose of a visa interview?
During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.
How long does a passport need to be valid for a visa interview?
Gather and prepare the following required documents before your visa interview: Passport valid for travel to the United States - Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements ).
What is a visa for a foreigner?
A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.
What form do I need to schedule an interview?
You will need to provide the receipt number that is printed on your approved Petition for a Nonimmigrant Worker, Form I-129, or Notice of Action, Form I-797, to schedule an interview.
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 ...
What do consular officers look for in a case?
Consular officers look at each application individually and consider professional, social, cultural, and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence . Each case is examined individually and is accorded every consideration under the law.
Where to bring I-129?
You must bring your I-129 petition receipt number to your interview at the Embassy or Consulate General in order to verify your petition's approval. Please note that approval of a petition does not guarantee issuance of a visa if you are found to be ineligible for a visa under U.S. immigration law.
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.
How long does it take to get an H visa?
The U.S. Embassy may process your H, L, O, P or Q visa application up to 90 days prior to the beginning of employment status as noted on your I-797. 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 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 the form I-129?
The petition, Form I-129, must be approved before you can apply for a work visa at the U.S. Embassy. 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.
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 do consular officers look for in a case?
Consular officers look at each application individually and consider professional, social, cultural and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence. Each case is examined individually and is accorded every consideration under the law.
What is a class O visa?
Class O visas are issued to people with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel.
Where do I bring my I-129?
You must bring your I-129 petition receipt number to your interview at the U.S. Embassy in order to verify your petition's approval. Please note that approval of a petition does not guarantee issuance of a visa if you are found to be ineligible for a visa under U.S. immigration law.
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 of the H-1B provisions is t…
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. The Department simultaneously submitted a Notice for p…
General Guidance
- Field Assistance Bulletin 2019-3: Compliance with the H-1B Notice Requirement by Electronic Posting(PDF)
- Employment Law Guide: Workers in Professional and Specialty Occupations (H-1B and H-1B1 Visas)
- Frequently Asked Questions Regarding Prevailing Wage Determinations for Nonagricultural Programs
- Wages under Foreign Labor Certification
Forms
Disqualified and Willful Violator Employers
- DOL maintains a list of individuals or corporations who, as a result of an H-1B investigation/final agency action, have been disqualified from approval of petitions to participate in the nonimmigra...
Nonimmigrant Worker Related Agency Links