how to apply for h1 visa

What Are the Steps to Apply for an H1 visa?

• An employer will need to submit a labor condition application to the U.S. Department of Labor
• An employer will submit Form I-129, Petition for a Nonimmigrant Worker, along with the labor condition application.
• Potential employees will need to apply for the U.S. visa and/or admission from outside the U.S once Form I-129 is approved.

Full Answer

What are the requirements for H1B visa?

H-1B Visa Requirements. H-1B visa applications require a petitioner (the employer) and beneficiary (employee). The beneficiary must meet a minimum of one of the following requirements: Have completed a bachelor's degree (or higher) in the same field as their specialty occupation from an accredited university.

When to apply H1B visa?

The registration process dates for an H1B visa are as follows:

• March 2 – Petitioners (employers) can start creating an H1B registrant account at noon US Eastern time.
• March 9 to March 25 – H1B registration period. ...
• March 31 – By this date, the USCIS will have notified the selected entrants.

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What is the process of 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. ...

How can I apply for H1B visa?

• For a worker to qualify for H-1B classification, his employer must submit Form I-129 to USCIS on his behalf.
• Once Form I-129 is approved, a worker who is already in the U.S. ...
• To apply for an H-1B visa, a worker abroad must request a visa interview at a U.S. ...
• Workers who are already present in the U.S. ...

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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.

What is the process to apply for h1 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.

How hard is it to get h1 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.

How much does an h1 visa cost?

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. With that said, it's still necessary for all parties to be completely aware of the H-1B filing fees charged.

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.

Who is eligible for H1B visa?

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 H-1B 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.

How long H-1B visa takes?

H1B regular application processing time is 3 months to 1 year for approvals. H1B premium processing is getting approval within 1 to 15 days of filing.

How long does H-1B approval take?

USCIS takes 15 days to adjudicate plus mailing time for Approval Notice; a total of approximately 5 weeks. Employee has to obtain visa and travel to U.S., that takes approximately one month (longer if a background check is initiated). That means: You should send us your request 2 1/2 - 3 months ahead of time.

How long does IT take to get an H1B visa?

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

How long does H1B processing take?

3 months to 1 yearH1B regular application processing time is 3 months to 1 year for approvals. H1B premium processing is getting approval within 1 to 15 days of filing. Applying H1B in premium does not increase your chances of H1B RFE or denial.

Is there any interview for H1B visa?

The process is all the more extensive for people who either chose to or are mandatorily required to go through consular processing. This is because such a route requires you to face a one-to-one H1B visa interview with the immigration offer which can be a bit intimidating.

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.

Can I change my status on my I-129?

Change of Status: Once the I-129 is approved, the USCIS will update your I-94 record to indicate your new visa class to H-1B status. With this, you can take up your new job position as an H-1B visa holder. This is only available to those that are already under a valid nonimmigrant status such as O-1, J-1, or L-1 status.

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.

How Do You Get an H1B Visa?

As such, the minimum requirement is a bachelor's degree or an equal amount of education and work experience. Immigration officers usually consider three years of work experience equal to one year of formal education. You can also qualify if you have a foreign degree equal to a bachelor's or an unrestricted state license, registration, or certification that gives you the right to perform a specialty job, such as a license to practice medicine.

What Will Happen to the H1B Visa?

Work visas in general and H1B visas, in particular, are a sensitive political issue. That's why the H1B visa has an annual quota, strong labor protections, and a hard expiration date. Because of this, the laws surrounding the H1B visa tend to change every few years, especially after elections.

Why do H1B visas have wage and benefit limitations?

H1B visas also have wage and benefit limitations to make sure foreign workers don't undercut native workers. That's why H1B employers have to file reports and accept inspections to make sure the foreign workers get a wage equal to the average paid to native workers.

How long can an H1B visa be extended?

If the H1B visa is five years old and the holder is waiting for a decision on an I-140 immigrant petition, he or she can get one- or three-year extensions until the judgment.

What is a labor condition application?

To file a Labor Condition Application certified by the Department of Labor that shows they will provide wages and benefits that are equal or better than the normal rate to H1B visa holders. This includes vacation time, sick leave, and maternity/paternity leave.

Why is Trump targeting H1B visas?

This is because tech companies have been using the $60,000-salary loophole to bring in a large number of Indians to take over their IT departments. These foreign workers have graduated from American universities, but they tend to work for at least $20,000 less than native-born computer specialists. 70 percent of H1B petitions in 2014 were for Indian candidates, and Disney caused a scandal in 2016 when they replaced 200 IT employees with workers brought in from India while claiming they couldn't find any local talent.

Why are H1 visas so popular?

H1 visas are popular because they are easier to get than green cards. Every H1 visa issued today is an H1B. There have been H1A and H1C visas in the past, but both were special cases created to fight nursing shortages and both are now out of use.

What is an H-1 Visa?

An H-1 visa is a temporary work visa for the United States. With an H-1 visa, you can gain temporary employment with a U.S.-based employer. Your H-1 visa is typically valid for a specific period of time. Typically, an H-1 visa will last for a maximum of six years before it expires.

What Are the Requirements for an H-1 Visa?

The H-1 visa comes with a number of specific requirements. You will need to meet all of these requirements if you wish to qualify for a U.S. H-1B work visa.

How Long Does It Take to Process a U.S. H-1 Work Visa?

H-1 visa processing times vary widely depending on the workload at your local U.S. embassy or consulate. Standard processing can take 3-5 weeks, while employers who pay for premium processing may have their H-1 visa approved within 5 to 10 days.

Can I Bring Dependents to the United States While on an H-1 Visa?

The H-1 visa is one of several visa types that allows you to bring dependents to the United States. Your dependents can file a request for an H-4 visa. The H-4 visa is designed specifically for the spouse and unmarried children under age 21 of an H visa holder.

Why do nurses need a visa?

Nurses have a specialized visa category because they are typically in high-demand among U.S. employers.

Where to find DS-160?

Form DS-160 can be found on your local U.S. embassy’s website. The form is typically available in your local language, although you will need to provide the answers in English.

Can I Extend My H-1 Visa?

The H-1 visa is typically given for a maximum of three years, regardless of your term of employment. Once your visa is expired (or close to expiring), you can choose to extend it. Extensions are awarded for either one year or three years.

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:

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 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.

How many registrations can a prospective petitioner have?

A prospective petitioner may only have one registration submitted per beneficiary per fiscal year. Once the initial registration period has closed, if the prospective petitioner has more than one registration submitted for the same beneficiary, we will remove all registrations submitted for that beneficiary by that prospective petitioner from the selection process. This does not prevent other prospective petitioners or their representatives from submitting registrations for that same beneficiary, but they too need to ensure that each prospective petitioner only has one registration submitted for the beneficiary.

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.

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.

Can you appeal a duplicate registration?

A: Registrations that are determined to be duplicates will be invalid. A registrant who submits duplicate registrations will not be able to appeal the invalidation.

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.

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.

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:

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.