H1B Visa Petitioning Process for Employers
- Have a Labor Condition Application (LCA). The US employer must get an approved Labor Conditions Application (LCA) from...
- File a petition with USCIS. The second step is to give a job offer to the foreign employee and file the Form I-129. This...
- I-129 forms. Employers have to file separate I-129 forms for each employee.
Full Answer
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 my current employer Cancel my H1B visa?
Yes, your employer can revoke your H1B Visa if you resign. Your status to reside in USA will become invalid and you will require to leave USA. If you resign for better opportunity, your new employer must file transfer petition with USCIS so your H1B status will move from your current employer to new employer.
Can an employer refuse to sponsor H1B?
…if an employer chooses not to employ persons who require sponsorship for an employment visa, such as an H-1B visa, the employer may state in its job postings that it will not sponsor applicants for work visas. In summary, you can advertise that being authorized to work in the U.S. is a precondition of employment.
How can one apply for H1B visa?
- Have a US Bachelor's degree or higher in the area of your specialty occupation from an accredited institution;
- Have an equivalent foreign degree; or
- Have experience through positions held in your specialty occupation equivalent to the completion of such degree.
Can employee apply H-1B?
This means that you qualify for the H1B visa if you are accepted in a specific job position which has the following requirements: Possession of an advanced educational degree such as: A 4 four year Bachelor's Degree (or equivalent degrees) A Master's or Doctoral Degree.
How can I apply for H-1B visa?
How can I apply for H1B Visa from India? Your company has to file a H1B Visa petition for you with the US Department of Homeland Security. Once the petition is approved, you can apply for the required Visa at the US Consulate or Embassy located in India.
How do I sponsor an employee for H-1B visa?
How to Sponsor an Individual for an H-1B VisaStep 1: Review the Job Description to Ensure It Qualifies as a Specialty Occupation. ... Step 2: Determine the Rate of Pay for the Position. ... Step 3: Notify the U.S. Workforce. ... Step 4: Submit Labor Condition Application (LCA/Form 9035/9035E) to the DOL for Certification.More items...
Can I apply for H-1B 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 minimum H-1B 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.
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 H-1B cost employer?
To file an H1B petition using the I-129 form, the cost to the employer is $460. It is the employer's responsibility to pay the filing fee.
How much does H-1B visa sponsorship cost?
How Much Does it Cost to Apply for H-1B Visa? 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.
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.
Do I need a lawyer to file H-1B?
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.
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:
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:
Why are H1B visas convenient?
H1B visas are convenient for foreign employees because they don’t require the applicant to prove residency or intent to return to their home country, they allow dependents to stay with the visa holder, and they allow for free travel in and out of the US for the visa holder.
What is required to get an H1B?
To be eligible for an H1B, an employee must demonstrate: Full state licensure for the position, if it’s required. A completed degree in a field directly related to the position, or equivalent experience in the field. Expertise in the field.
How to sponsor an H1B?
To sponsor an H1B, an employer must show: 1 The position requires knowledge gained through an upper-level educational institution, or special training. 2 The position requires a specific course of study. 3 The position requires a B.A. degree. 4 To be eligible for an H1B, an employee must demonstrate: 5 Full state licensure for the position, if it’s required. 6 A completed degree in a field directly related to the position, or equivalent experience in the field. 7 Expertise in the field.
How long can an H1B visa be used?
H1B visas allow organizations to employ foreign professionals for specialty occupations for up to 6 years (10 for defense contract workers). Because US immigration is complex, your first step in sponsorship should be a visit to your legal team. You want to ensure all the necessary documents are properly filled out and fees paid.
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.
What form do I use to file a cap exemption petition?
If cap-exempt or chosen in the lottery, submit a petition on Form I-129, with supporting documents and filing fees, to U.S. Citizenship and Immigration Services (USCIS).
Can I work for another employer in the US?
Someone who is in the U.S. working for another employer in H-1B status might be authorized to start working for the new employer once it has received USCIS Form I-797 Notice of Action to confirm that the petition is pending. In other cases, the employer might need to wait for USCIS to approve the petition before the new employee begins working.
Who can use H1-B visas?
Nonimmigrants who are slated to work under a “specialty occupation” are eligible to be sponsored by their future employer for an H1-B visa. They must hold a minimum of a bachelor’s degree or its equivalent from an accredited university. Those with higher education can also receive this visa.
What is an H-1B visa?
Obtaining an H1-B visa will allow a United States company or employer to sponsor a nonimmigrant to come to the United States and work in what’s known as a “specialty occupation.”
How are H-1B visas different from other nonimmigrant visa programs?
However, an H1-B visa provides the most streamlined process to gain permanent resident status for a foreign employee through a concept known as “dual intent.”
How long can a nonimmigrant work in the US?
A nonimmigrant worker that receives an H-1B visa can work in the U.S. for up to three years on an initial grant of status. The employer has the ability to extend the status of that worker for only an additional three years, unless the employer seeks an employment-based green card for that worker while they’re in the U.S. on their H-1B visa.
Where do I get an I-797?
Employers will receive a Form I-797 Notice of Action if the petition is approved. The nonimmigrant worker will take a copy of the completed petition with all its forms and apply for their visa with the Department of State. They can do this at a consulate within their home country or at a U.S. embassy.
When did Trump suspend H-1B workers?
Before we go further, an important note: President Trump issued a proclamation in June 2020 that suspended the entry of many H, J, and L temporary workers into the U.S., specifically including H-1B workers. In October 2020, U.S. District Judge Jeffrey S. White halted the implementation of the proclamation with a preliminary injunction ...
Who files the petition for the worker?
The employer files all of the petition documentation for the worker and pays for all the fees associated with the petition process.
Do employers have to verify an I-9?
Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. For more information about the employment authorization verification process, see our I-9 Central page.
Can a non-citizen work in the US?
No noncitizen may accept employment in the United States unless they have been authorized to do so. Some noncitizen, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other noncitizens may need to apply individually for employment authorization.
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 ...
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