how to apply h1b visa

How 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. 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.

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.

What is H 1B visa status?

What Is an H-1B Visa Status? An H-1B visa allows a foreign national to work temporarily in the United States. Once an immigrant attains an H-1B visa, they may hold the H-1B visa status for up to six years. This is then renewable every three years if approved by the United States Citizenship and Immigration Services (USCIS).

What is H1b1 visa, processing time?

H-1B1 Visa Processing Time. Since the H-1B1 visa is not available for premium processing, it takes more time than the H-1B. Processing times vary from country to country, but in general it takes 4 to 6 months for the H-1B1 visa to be processed.

How can I get H1B visa?

The H1B visa is also called a Person in Specialty Occupation 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.

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 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

Is H1B visa easy 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.

Who can qualify for H1B?

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 H-1B visa takes?

3 months to 1 yearHow long does H1B regular processing take? H1B regular application processing time is 3 months to 1 year for approvals. It keeps changing based on current affairs and circumstances. During COVID-19 closures, USCIS did approve many regular H1B applications within 2 weeks.

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 pays for an H-1B visa?

Filing Fees: According to the Immigration and Nationality Act and federal regulations, each of the U.S. Citizenship and Immigration Services' (USCIS) fees associated with an H-1B filing must be paid by the employer and cannot be borne by the H-1B employee.

How can I get H-1B 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.

Do I need a lawyer for H-1B visa?

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.

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...

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.

Can I sponsor myself in USA?

Typically, the only area where you can sponsor yourself is through employment-based immigration. Even then, you will most likely need an employer to sponsor you. However, there are a few exceptions that make it possible to sponsor yourself for a green card.

Is H1B lottery completed for 2022?

There is no set day on which the 2022 H1B lottery results will be released. Results may be released anywhere from April to August. In 2019, USCIS released a note saying that all lottery petitions that had not been picked would receive notification by August 29th.

Does H1B visa require sponsorship?

What are the H1B Visa Sponsor Requirements? Any US employer wishing to take advantage of the H1B visa to hire employees must fulfil a number of H1B visa sponsor requirements.

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 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 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.

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 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.

What is an H1B Visa?

The H1B visa is the authorization given by the US government for a foreign worker to come to the US to work for a US company. Specifically, the foreign worker must work in a field requiring specialized knowledge and therefore is someone who meets the job requirements that the employer was not able to find from a US-based worker.

Who is an example of a fashion model who entered the US through an H1B visa?

Along with specialized workers, the H1B visa also applies to fashion models and Department of Defense cooperative research and development project workers. First Lady Melania Trump is just one example of a fashion model who entered the US through an H1B visa and later became a US citizen.

How long does it take for USCIS to respond to a petition?

With premium processing, the USCIS has to respond to the petition within 15 days. This is a popular option used by companies who can afford to pay the extra $1225.

How long does it take to get a visa in the US?

This normally takes 2 to 3 days, but again varies based on the location.

Why do foreigners work for American companies?

Each year, thousands of foreign workers become employed by American companies that are trying to fill positions that require special knowledge or education . For example, an American architecture company may need a technical writing expert and isn’t able to fill the position with a qualified American worker. Therefore, the company turns to an architectural school in another country for their job search and ends up employing someone from Germany, to include students moving from their F-1 student visas to H1B visas .

When does USCIS randomly pick the number of petitions?

When the number of visa application exceeds the annual visa cap, the USCIS will randomly pick the required number of petitions allotted.

How long do you have to find a new employer to get a green card?

There is a grace period of 60 days to find a new employer or submit your green card application for permanent residency.

What form do I need to get an H1B visa?

Once your petition is approved, you will be provided a work permit, Form I-797, which allows you to obtain an H1B visa and work in the United States.

How many H1B visas are there?

You should also remember that there is a lottery system for the H1B visa process. The maximum number of H1B visas provided ever year is 65,000 and the quota for applicants with a Master’s degree is 20,000. You are eligible for the H1B visa application process, only if you get selected in this lottery system.

How to get a receipt for a visa?

You will have to create a profile on the US Visa Service site and choose a suitable mode of payment. After you have paid the fee , you will get a receipt. Take a printout of the fee receipt and keep it handy.

How long before visa interview do you have to make an appointment?

Make sure you schedule the appointment at the Visa Application Centre at least 2 days before your visa interview at the embassy. You will have to submit your biometrics and photograph at the center. You will need to bring your passport, confirmation page for Form DS-160, and confirmation page of the visa appointments to the center.

How to pay visa fee?

You can pay the visa fee electronically too, via bank transfer, or can choose to pay it in cash from a designated Axis or Citibank branch . The visa fee page describes the various modes through which you can make the payment.

Where to book visa appointment?

After paying the visa fee, you need to book two appointments, one at the Visa Application Centre and the other at the US embassy or consulate closest to you. You can check the details and documents required for scheduling the appointments at this site.

How many digits are in a visa barcode?

Once you have completed and submitted your application, you will receive a confirmation letter with a 10-digit barcode, which will be required for scheduling your visa interview. You can check the details of the application on this website.

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 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 long do you have to submit payslips for H1B visa?

Usually your employer would ask you to submit payslips for the last one year or the offer letter or joining letter for the H1B visa application.

When is the lottery for H1B?

Usually all the applications for H1B are submitted to the USCIS right before April of every year. Most employers would probably send you an email informing you the same.

How much is H1B 2021?

The H1B fees vary depending on the size of the company. As of FY 2021 season, it can range anywhere from $1,710 USD to $7,910 USD + Attorney Fee. In the last few years the fees have changed. You can check for the updates on USCIS website.

What would the security check on a VAC appointment?

Once there, the security would check your appointment letter and passport to let you in. In the building, the VAC staff would verify it again. Then a token will be issued for biometrics & photos.

What do you need to fill out before applying for a visa?

Each employer sends you a U.S. visa questionnaire to fill in before filing your application. This would contain questions on the client name and address, the consulate that would process your application, and your personal details.

What is the form for nonimmigrant visa?

Once your petition is approved and you have an idea of when you would be traveling to the United States, it’s time to fill in the Online Nonimmigrant Visa Application form called DS-160. It’s quite a long form where you need to fill in a lot of information, that would include both personal and professional information.

How long does it take for USCIS to process a SLA?

If your application is filed in regular processing, there is no SLA from USCIS. They can process it anywhere from few weeks to 6 months or more.