how to get a 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...

Full Answer

What are the requirements to apply for H1B visa?

• Hold a U.S. ...
• Obtain a foreign equivalent to a U.S. ...
• Hold an unrestricted state license, registration, or certification that allows the applicant to have no limitations when engaging in the specialty occupation.
• The applicant must have received training, education, or work experience that is required for the completion of the degree. ...

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Can you study while on a H1B visa?

You can study Masters’s on H1B visa while working full-time in the USA. You can also do a Ph.D. on an H1B visa without converting to an F1 visa. Many people study MBA or MS part-time after office-hours in the evening to add value to their job profile. You can take classes online or offline as per your convenience.

What is the cost of applying for a H1B visa?

H-1B visa application process fees are typically all paid by the employer who is sponsoring the foreign worker. Below is a breakdown of the standard filing costs: Base filing fee: $460. ACWIA fee: $750 for employers with 1-25 full-time employees or $1,500 for employers with 26+ full-time workers. Fraud prevention & detection fee: $500.

Can you change jobs if you have a H1B visa?

H1B visa holders can change their employer while in the US under a process which is known as the H1B transfer. To be able to apply for an H1B transfer, they must first accept the new job offer is that you still have a valid H1B visa. They can then initiate the H1B transfer status, which could take several months.

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.

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.

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. At the same time, the salary has to be paid “cash in hand” and “free and clear”, as well as paid when due.

How long does it take to get a visa H1B?

The regular H1B visa processing time is from 1 month to 6 months. This also depends on the service center. The California and Nebraska Service Centers process H1B visas for an average of 2.5 to 4.5 months. On the other hand, the Vermont Service Center has a much higher processing time for H1B visas.

How much does an H-1B visa 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.

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.

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.

Can I get green card with H1B visa?

Can H1B Visa Holders Apply for Green Cards? Yes. The H1B visa is a dual-intent visa, which means that those who hold it are eligible for permanent residency by applying for a green card. If you are interested in staying in the US, you should start the process of applying for your green card sooner rather than later.

How many years is H1B visa valid?

The H-1B is a Specialty Occupation work authorization visa with a cumulative maximum duration of 6 years. The initial period of stay for those in H-1B status is three (3) years, with extensions available for up to three (3) years thereafter.

Does H1B visa get rejected?

What Is the Rejection Rate of H-1B? Reports from recent studies show a steady rise in the rate of H1B petition denials. From past studies, the denial rate of the H1B petitions has never been more than 6%, but it increased by double to a 12-percent rate in 2018 and 18% in 2019.

How long can you work H-1B?

six yearsWorkers in the United States on nonimmigrant H1B status are limited to a maximum stay of six years in the United States on H1B status.

What is the probability of getting H1B visa 2022?

The split between the two rounds in 2020 (FY 2021) was 85% (lottery 1) and 15% (lottery 2), while it was 75% and 25% respectively in 2021 (FY 2022).

Is it easy to get H1B visa from India?

Applying for a H1B visa from India can be a long and tedious process. Any errors made on the application or petition can result in extended delays and possibly lost employment in the U.S. An experienced immigration attorney can assist with the preparation of all forms and documents necessary for obtaining an H1B visa.

What are the disadvantages of H1B 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...

Is H1B lottery completed for 2022?

You must submit all registrations and payments successfully before noon Eastern, March 18, 2022, for consideration in the initial registration period selection process.

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.

What are the mistakes people make when trying to navigate the treacherous waters of immigration law?

One of the main mistakes that people make when they try to navigate the treacherous waters of immigration law is going it alone. Just like any big projects, you always want to have an expert by your side making sure that everything is going as planned and fighting for you should the need arise.

Where to send I-129 checks?

According to the I-129, checks should be made out to the “Department of Homeland Security” for each filing fee (fraud fee, premium processing, I-129, ACWIA training fee). Employers may submit one check or money order to cover both the base filing fee and ACWIA training fee. However, the fraud and premium processing fees should be separate. As mentioned in the top ten H-1B filing tips, double check the address before mailing.

What happens when the USCIS window closes?

Once the USCIS closes the window, it proceeds to conduct two lotteries: a master’s cap and a regular cap.

How to get a labor condition?

employer. Without a petitioning employer, you cannot follow through with the remaining steps. After securing an employer who fits the eligibility requirements, the second major part is for the employer to receive an approved Labor Condition Application .

What is needed to be included in a labor condition petition?

On the petition, it’s important to include all the information that’s requested including evidence that the employer has the ability to pay the prevailing wage. The first attestation of the Labor Condition Application requires that the employer will pay the prevailing wage to the employee, so documentation such as bank or tax statements can help support the employer’s ability to do so.

How to increase your chances of selection?

The best way to increase your chances of selection are to become cap-exempt. This can be done either by already having been counted against the cap or by seeking a job with a cap-exempt employer. The rules for this type of employer are outlined in detail further on in this article, but here are the basic requirements. A cap-exempt employer is either:

Can you overlook a section on an immigration petition?

It’s easy to overlook a section or neglect to sign an important section. Be sure to double check all relevant fields for the proper information, including addresses and signatures. Having an error or omission on your petition could result in an automatic rejection. An immigration attorney can help you ensure that all forms and fees are sent to the correct places.

How Does the H-1B Process Work?

The H-1B employment-based visa allows a U.S. employer to hire foreign workers who are highly skilled in a job position in specialty occupations.

Establishing an Employer-Employee Relationship

To establish a legitimate employer/employee relationship for an H-1B visa:

Salary Issues

The employer must not pay the H-1B visa candidate any less than he would have paid a U.S. citizen employee.

The Labor Condition Application (LCA)

Employment in the U.S. under H-1B status requires Labor certification. Prospective petitioners follow same procedures when filing the Labor Certification Application with the U.S. Department of Labor (DOL) before the H-1B petition is sent to the USCIS. The application must be submitted online through the DOL iCert website on Form ETA-9035.

Filing the H-1B petition

H-1B employers cannot file a petition or a request for an extension for their candidate more than six months before the candidate’s projected start date (typically October 1).

Required Documents

Form G-28 (if the employer is represented by an immigration lawyer or an accredited representative).

H-1B Visa if you live outside the United States

Supporting documents will be required if the petitioner is located outside of the U.S. and therefore requires consular processing to have a visa stamped onto his passport so that he can enter the US.

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 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.

How to find companies that have sponsored H1B visas?

You can do this by searching “H1B visa sponsors database” or “companies that sponsor H1 B visas.” Then, change the wording slightly to obtain lists of company names that have sponsored H1B visas in the past.

When do you have to tell a company you want to be in the H1B visa sponsorship?

Once you get a job offer, you have to tell the company that you want to be in the H1B visa sponsorship petition in 2021. This lets the company know that they have to act fast to get everything ready for April.

What companies sponsor H1B?

There are many, many companies in the U.S. that off H1B sponsorship. These companies exist in all fields and offer some of the best employment opportunities for H1B visa holders in the U.S. Some of the largest, most lucrative companies offering H1B sponsorship include: 1 Amazon 2 Google 3 Microsoft 4 Salesforce 5 Facebook

How to accept a loan offer?

Provide any additional information if required. Soon you’ll have your loan offer. Some lenders send a promissory note with your loan offer. Sign and return that note if you wish to accept the loan offer.

Is paying for an H1B visa a crime?

This is a big problem because paying for an H1B visa is considered a crime in the United States. If you decide to pay for an H1B visa, this year’s new regulations and laws can really come back to haunt you. You also never know whether what they’re saying is true or not, so we recommend you be very careful.

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.

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 ...

Can an employer hire highly educated non-immigrant workers?

Employers sometimes have the option of hiring highly educated nonimmigrant workers if they are unable to find workers domestically. Nonimmigrant workers can typically be sponsored for a limited time by an employer through the H-1B visa program, issued under the Immigration and Nationality Act. Though the program provides benefits for both parties, employers should review and consider the program’s terms and conditions before beginning the application process.