- Fill in Form DS-160. The DS-160 is the most important part of the application. You need to follow all instructions and provide accurate information.
- 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. During the interview, you should have your documents and be prepared to answer extensive questions about your place of work and your specific job. ...
- 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 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.
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 to get H1B stamped?
You will need to carry the following documents to the interview:
- Copy of the DS-160 form
- All current and expired passports (original)
- Visa interview confirmation letter
- H1B approval notice (original)
- Copy of H1B application
- Copy of H1B LCA
- Verification letter from US employer
- Pay slips of the last three months
- Education degrees (school, graduation and post-graduation, if applicable)
How to apply for H1B visa?
The first time to apply for H-1B immigration application steps:
- Find a work entity that is willing to help you apply for a work visa;
- Complete the online registration of the H1B electronic lottery system. ...
- On April 1, the USCIS announced the results of the H-1B lottery. ...
- Between April 1 and June 30, the company submits formal H1B application documents to the USCIS for the selected H1B employees.
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.
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.
How long does it take to get h1 visa in USA?
USCIS takes 15 days to adjudicate plus mailing time for Approval Notice; a total of approximately 5 weeks. Employee has to obtain visa and travel to U.S., that takes approximately one month (longer if a background check is initiated). That means: You should send us your request 2 1/2 - 3 months ahead of time.
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
What is the minimum H-1B salary?
The 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.
How long is H1B 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.
Is H1B 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).
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.
Can I sponsor my own H-1b visa?
To sponsor yourself, you should have a company that can sponsor your H 1b visa. You should maintain your current visa status and continue working for your sponsoring company and start a new company in the US.
How long does it take to get H-1b visa?
1 month to 6 monthsThe 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.
How much do H-1b workers make?
The salaries of H1bs in the US range from $49,130 to $110,000 , with a median salary of $70,616 . The middle 50% of H1bs makes between $70,616 and $78,000, with the top 83% making $110,000.
What types of workers typically get the H-1B visa?
The H-1B is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor's degree or the equivalent.
Can I get an H-1B visa without a degree?
Evidence of Certification from a Reputable Association You can also qualify for an H-1B without a degree by presenting proof of registration or certification from a nationally-recognized professional organization in your field.
Is 3 year degree accepted for H-1B?
One of the very most common H1B RFE triggers is a 3-year bachelor's degree with no credential evaluation, or with the wrong kind of credential evaluation.
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.
What is an I-129?
Form I-129 is a petition form filed by your future employer on behalf of you. Your employer files form I-129 to United States Citizenship and Immigration Services (USCIS). This petition must be approved by USCIS in order for you to move forward with the work visa process.
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.
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 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.
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.
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.
Does premium processing mean I-129?
Just because you pay the premium processing fee does not mean your petition will automatically be selected. This feature only speeds up the decision regarding your I-129 petition. The USCIS announces the date that they will begin deciding petitions filed with premium processing each year.
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 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:
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.
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 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
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.
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.
What is an H1B visa?
The H1B visa program allows U.S. businesses to employ foreign nationals in specialty occupations. The Immigration and Nationality Act defines specialty occupation as “an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States”. Most professional positions will qualify as a specialty occupation.
What is the minimum requirement for an H1B visa?
In order to be eligible to seek an H1B visa for teachers, the following important conditions, among others, must be satisfied: 1. A bachelor’s degree, or higher , or its equivalent, must normally be the minimum requirement for entry into the teaching position at the educational institution. 2. The foreign national teacher must possess ...
What is the most popular visa for teachers?
Here we present a snapshot of one of the most popular US visa for teachers – the H1B Visa.
How long can a teacher be on an H1B visa?
The period of admission may be extended up to an additional three years, for a maximum of six years. Generally, the H1B visa is limited to a total of six years unless certain conditions are met.
What is an important factor to consider when evaluating the option of H1B for teachers?
Timing is an important factor to consider when evaluating the option of H1B for teachers.
What happens if a foreigner is unable to obtain a license?
or obtaining a social security number, he or she may be able to present documentation from the licensing board showing that he or she has met all of the requirements for the license but for status in the U.S. or a social security number. 4.
When is the fiscal year for USCIS?
USCIS’ fiscal year goes from October 1 to September 30 of each year.
What is an H-2A visa?
An H-2A visa allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. An H-2A nonimmigrant classification applies to you if you seek to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis. A U.S. employer (or an association of U.S. agricultural producers named as a joint employer) must file a Form I-129, Petition for Nonimmigrant Worker, on your behalf.
Where to bring I-129?
You must bring your I-129 petition receipt number to your interview at the Embassy or Consulate General in order to verify your petition's approval. Please note that approval of a petition does not guarantee issuance of a visa if you are found to be ineligible for a visa under U.S. immigration law.
What is the form I-129?
The petition, Form I-129, must be approved before you can apply for a work visa at the Embassy or Consulate General. When your petition is approved, your employer or agent will receive a Notice of Action, Form I-797, which serves as your petition's approval notification. The consular officer will verify your petition approval through ...
What is a temporary visa?
This visa is required if you are coming to the United States to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers. Your employer is required to obtain a Department of Labor certification confirming that there are no qualified U.S. workers eligible for the type of employment on which your petition is based.
What do consular officers look for in a case?
Consular officers look at each application individually and consider professional, social, cultural, and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence . Each case is examined individually and is accorded every consideration under the law.
How many days prior to I-797 can I travel?
However, when making your travel plans, please note that due to Federal regulations, you can only use the visa to apply for entry to the United States starting ten days prior to the beginning of the approved status period noted on your I-797.
What is a Type P visa?
Type P visas are issued to certain athletes, entertainers, artists, and essential support personnel who are coming to perform in the United States.
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 of the H-1B provisions is t…
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