H1B Visa Application Process - A Step-by-Step Guide
- Get a digital photograph. Each individual H1B visa application requires a digital photograph. ...
- Complete H1B visa application form DS160
- Pay the H1B visa application fee
- Take appointment for visa interview
- US Visa Fingerprinting at Visa Application Center (VAC)
- Go for visa interview at designated US consulate
- Applicant must find an H1B sponsor.
- Employer must submit a Labor Conditions Approval (LCA)
- Employer must submit Form I-129.
- Applicant completes an H1B visa application at a U.S. Embassy or Consulate.
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. ...
How much does it cost to file H1B?
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. ACWIA stands for American Competitiveness and Workforce Improvement Act of 1998. The ACWIA fee varies depending on the size of the sponsoring company. For companies with 25 or fewer employees, the fee is $750.
Can a prospective employer file for H1B visa?
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.
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.
See 7 key topics from this page & related content
How can I apply for US 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.
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 minimum salary to get H1B visa?
$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.
Is H-1B 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 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.
Who is qualified for H1B visa?
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 much does an 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
What type of company can sponsor H-1B?
Any US employer can sponsor an H-1B petition, provided it has an IRS Tax Number, also known as an IRS Number or Tax ID Number. This number is needed for obtaining approval of the Labor Condition Application (LCA), which is an essential preliminary to the H-1B petition itself.
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.
Who can sponsor me for H1B?
You must have an employer-employee relationship with a U.S. employer who is petitioning for your visa. The employer must be able to hire, fire, supervise or otherwise control the beneficiary's employment. The job you are taking must be in an occupation that requires a degree or specialty skill.
Who can sponsor my H1B visa?
Any US employer can sponsor an H-1B petition, provided it has an IRS Tax Number, also known as an IRS Number or Tax ID Number. This number is needed for obtaining approval of the Labor Condition Application (LCA), which is an essential preliminary to the H-1B petition itself.
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.
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.
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.
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.
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.
Is it cheap to file H1B?
Filing an H1B application isn’t cheap, but fortunately, most of the filing costs are paid for by the employer who sponsors the applicant. Typical H1B processing fees include:
What happens if you don't submit a copy of your visa?
If you do not submit a copy, this may delay processing for this petition or for the visa abroad.
When is the start date for USCIS 2021?
If your selected registration was submitted during the initial registration period of March 9 to March 25, you must indicate a start date of Oct. 1, 2021, on your petition or your petition will be rejected or denied.
Do you have to submit evidence of education credentials to a beneficiary?
You must submit evidence of the beneficiary’s education credentials (with English translations when applicable) at the time you file your petition. If the beneficiary has met all of the requirements for a degree, but the degree has not yet been awarded, you may submit the following alternate evidence:
Is it your responsibility to ensure that Form I-129 is completed accurately and submitted properly?
Note: It is your responsibility to ensure that Form I-129 is completed accurately and submitted properly.
Can I include my passport number on my I-129?
While not required information if the beneficiary is outside the United States, you may include the beneficiary’s passport number on Form I-129. The passport number, when available and included on Form I-129, may help USCIS to confirm that the beneficiary named in the registration notice is the same individual as the beneficiary named in the petition and avoid processing delays.
Where to schedule H1B visa interview?
Scheduling the interview may be conducted at the closest U.S. consulate or embassy. The H-1B visa stamping process should be implemented in the following order:
How to secure a visa payment?
To secure payment approval, create a user profile with the U.S. Visa Service website. Select ‘Schedule Appointment.’ A payment confirmation page should appear. This page will allow the applicant to select the best-fitted payment information for the individual. The payment is only valid for a year, so it is important to schedule the appointment within that time.
What is a POE visa?
When you get to the port of entry (POE), you will have to undergo security clearance before you can be allowed to enter the country. Your visa stamp is one of the requirements to prove that you have valid authorization to travel to the United States.
Does the USCIS suspend visa stamping?
It also does not guarantee that your visa will be approved in the H-1B visa stamping process. There are times, however, when the USCIS will suspend premium processing to give preference to long-neglected petitions. This is true for all H-1B petitions during the 2017-2018 season.
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.”
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.
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.
How long does it take to file a LCA?
This must occur at least 30 days before the date that the Labor Condition Application (LCA) is filed with the Department of Labor. In the LCA, the employer must confirm the following: The nonimmigrant worker will receive the same, or an amount equal to the pay and benefits of U.S. workers in that type of position.
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 ...
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