how to apply for h1 visa for usa

• 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. Have a Labor Condition Application (LCA). File a petition with USCIS. Fill in form I-129. ...

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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How can I get H1 visa for USA?

The H1B work visa is initiated by an employer in the United States....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.

Can I apply for H1 on my own?

You cannot file your own H1 visa petition. Only your prospective employer who has given you a job offer may file your H1B petition on your behalf. If your case is approved, your employer will receive Form I-797 Notice of Action and forward it to you.

Is it easy to get H1B visa in USA?

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 H 1 visa cost?

The basic USCIS filing fee of USD $460 applies to all H-1B petitions. The department must pay the USD $460 filing fee, but you may require the employee to assume the filing fee for their dependents. There is never an obligation for the employer to pay dependent-related immigration fees.

Who is eligible for h1 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 H1B 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.

What is the minimum salary to file H1B visa?

$60,000The H-1B nonimmigrant, whether full-time or part-time, must actually receive hourly wages or an annual salary totaling at least $60,000 in the calendar year. The salary must be paid “cash in hand” and “free and clear.” It must also be paid when due.

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 can sponsor me in USA?

Who You Can Help ImmigrateWho Can Sponsor WhoWho You AreImmigrants You Can PetitionU.S. citizen (at least age 18, for financial sponsorship purposes)Minor, unmarried childrenU.S. citizenMarried children or adult childrenU.S. citizen age 21 or olderBrothers and sisters4 more rows

Is the H-1B visa a lottery?

FY 2022 and FY 2023 H-1B Cap Registration: USCIS uses a lottery in any year when companies file more H-1B applications (or registrations) than the annual limit of 85,000 (65,000 plus a 20,000-exemption for advanced degree holders from U.S. universities).

How much does it take to sponsor H-1B?

H-1B Filing FeesFee NameFee AmountBase Filing Fee$460Fraud Prevention and Detection Fee$500Employer Sponsorship Fee$1,500 (for employers with more than 25 full-time employees) OR $750 (for employers with no more than 25 full-time employees)Public Law 114-113 Fee$4,0001 more row

How many H-1B applications filed for 2022?

308,613 H-1B registrationsFor 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.

Do you need an attorney for H1B?

Even the sponsor does not technically have to hire an attorney and may file the visa without one. However, due to the complexity of the process and administrative changes, as a sponsor, it is advisable to hire an attorney, especially for first-time sponsors unfamiliar with the process.

Can I sponsor myself for work visa?

Some of these visas, such as the EB-1 visa allow self-petitioning. This means that in some cases, if you have such extraordinary abilities you can sponsor your own visa. You must submit all the documents and pay the fees yourself. Other visas, such as the EB-5 visa only work through self-petitioning.

How can I get H1B visa without sponsorship?

One of the questions we receive the most during this time of year is, “Can I apply for an H-1B visa without a sponsor?” The short answer is no. The reason is that an H-1B visa petition always requires an American company, called a Petitioner, to file the visa.

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:

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 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:

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 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 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.

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.

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 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.

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 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.

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.

How long can an H1 visa last?

It's not a green card visa that will let you stay indefinitely, but it can last for up to six years. H1 visas are popular because they are easier to get than green cards. Every H1 visa issued today is an H1B.

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 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.

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:

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 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.

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.

H-1B Visa Qualifications

To qualify for an H1-B visa you will need to meet the strict criteria listed below.

How To File For An H-1B Visa

Your employer has two options when choosing to file for an H-1B visa on your behalf, a more affordable but longer regular process or an expedited but costly premium process.

The H-1B Visa Interview

To help you best prepare for your H-1B visa interview we’ve created a list of commonly asked questions to review before heading to the U.S. Embassy or Consulate .

What is an F-1 visa?

F-1 visa classification is for a full-time international student pursuing academic studies.

What determines the type of student visa you need?

Your course of study, the school you plan to attend, or the exchange program you will be with will determine the type of student visa you will need.

What is ESTA in travel?

Fill out the (ESTA) online application. ESTA determines the eligibility of a visitor to travel to the U.S. under the VWP.

What happens if you violate your work visa?

If you violate the terms of your work visa, it could be revoked. You could be deported, arrested, or denied re-entry into the U.S.

Do you need an authorization to travel under VWP?

If you plan to visit the U.S. under the VWP, you must get an approved travel authorization prior to your trip. Authorization approvals are determined using the Electronic System for Travel Authorization (ESTA) .

Can an international student apply for a student visa?

An international student can apply for a student or exchange visitor visa only after being accepted by a school certified in the Student and Exchange Visitor Program (SEVP). Students’ records are kept in the Student and Exchange Visitor Information System (SEVIS). Learn more about SEVP and SEVIS, and about the SEVIS fee.