how to get h1b visa without sponsor

by Jess Shields Published 1 year ago Updated 1 year ago

To get an H-1B visa without a sponsor, first, you will need to apply with the US Citizenship and Immigration Services (USCIS

United States Citizenship and Immigration Services

U.S. Citizenship and Immigration Services is an agency of the U.S. Department of Homeland Security that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service, which was dissolved by the Homeland S…

). You will need to provide information about your education and work experience, as well as your resume. Who Can Sponsor H1B Visa?

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.

Full Answer

How to find companies that sponsor H1B?

Various Options

  • Search H1B Visa Sponsors Database. The simplest way to find a H1B sponsor is to look at the website that has H1B Visa Sponsors Database.
  • Find H1B Visa Jobs and get job offer. ...
  • Internship work – progress to H1B visa. ...
  • Find Jobs at American Universities – No Quota for H1B Sponsorship. ...

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 are the rules on H1B extensions or renewals?

What are the rules on H1B extensions or renewals? An H1B visa is generally good for three years. The visa may be extended for an additional three years. To obtain an extension, the employer must file a new Form I-129 and submit additional filing fees. The cap-subject employer need not worry about the H1B cap for a renewal because the employee ...


Can I directly apply for H1B visa on my own?

If I would like to work in the US, can I apply for an H-1B visa by myself? No, this is not possible. To apply for this visa, you must have a job offer from a U.S. company or organization.

Can I go to USA without sponsor?

Even within the US work visas, for very short seasonal work you might not need a sponsorship. But you must keep in mind that most employment offers in the US will need a visa sponsorship. The US visas have groups of nonimmigrant and immigrant visas.

How can I get sponsored for H1B 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 a friend sponsor me to US?

The U.S. immigration laws do not allow you to sponsor someone just because they are your friend. If a person seeks to enter the U.S. through a family member, the person entering the U.S. must have a financial sponsor.

Is it hard to get a H-1B visa?

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 sponsorship cost?

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. With that said, it's still necessary for all parties to be completely aware of the H-1B filing fees charged.

Can small companies sponsor H-1B?

Sponsoring someone for a visa is a long, complicated, and expensive process. Getting a lawyer can help you make sure that it's done right the first time. If you represent a small company or you are an individual looking to apply with a small company for an H-1B visa, they can help.

Why do companies not sponsor H-1B?

The short explanation for why companies don't sponsor H1b – or employment – visas is that they don't feel like they need to. Sponsoring an H1B visa requires extra effort on the company's part to collect data, work with lawyers and the government, and manage timing.

Can you become a citizen without a sponsor?

Immigrants who demonstrate exceptional ability do not need a sponsor and can petition themselves. If you are legally in the United States as a refugee or asylee: If you are in either of these categories and have lived in the United States for a year, you may petition for a green card.

How much money do you need to sponsor someone in US?

The most common minimum annual income required to sponsor a spouse or family member for a green card is $22,887. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.

How much money do I need to enter USA?

International travelers entering the United States must declare if they are carrying currency or monetary instruments in a combined amount over $10,000 on their Customs Declaration Form (CBP Form 6059B) and then file a FinCEN Form 105.

Who can sponsor me in USA?

Who You Can Help ImmigrateWho Can Sponsor WhoWho You AreImmigrants You Can PetitionU.S. citizenMarried children or adult childrenU.S. citizen age 21 or olderBrothers and sistersU.S. permanent residentUnmarried children4 more rows

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 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 is H1B sponsorship?

H1B sponsorship is an important method whereby companies bring foreign-born professionals to the United States to work temporarily. The employer is responsible for filing the H1B visa petition with the U.S. Immigration Department. Thereafter, if the individual is approved, the employer is responsible for providing the employee with all ...

What are the benefits of H1B visa?

There are many benefits of having an H1B Visa as well as being an employer who sponsors H1B visas, including the following: 1 For those employers who are unable to find qualified professionals in the U.S. in their respective area, those companies can find and sponsor non-citizens to work for them. 2 Hiring H1B employees can increase your global footprint by hiring people abroad who have additional knowledge in a specific field or the ability to speak other languages. 3 H1B visa holders can work for more than one employer; they just have to obtain H1B visas for each employer, which isn’t generally that hard to do as long as the employer is willing to sponsor the employee. 4 H1B visa holders can bring spouses and dependent children to the United States under the H4 visa. Such H4 holders can also obtain employment in the United States after certain documentation is filed. In addition, H4 holders will remain in the U.S. for as long as the H1B visa holder remains in the country. 5 Under the H1B visa, you can also apply for permanent citizenship under the Dual Intent Doctrine. 6 H1B visa holders can remain in the U.S. for up to 3 years, with extensions generally being granted after that period of time is over.

How long can an H1B visa be valid?

Under the H1B visa, you can also apply for permanent citizenship under the Dual Intent Doctrine. H1B visa holders can remain in the U.S. for up to 3 years, with extensions generally being granted after that period of time is over.

What is the H1B cap?

The H1B cap is an annual number of visas the U.S. government will issue. Currently, the cap is set at 65,000 plus an additional 20,000 ADE quota. Notably, the cap does not apply to H1B transfers or cap- exempt positions. Some of the positions exempt from the H1B cap include those employed at a nonprofit research company, university, or government entity.

How long does it take to get an H1B visa?

But keep in mind that it must be the employer who files the application on the employee's behalf. The premium processing method is quicker taking around 15 days, but costs more. The regular processing method can take up to six months.

Do H1B visa holders have to live in their home country?

H1B visa holders usually must maintain a residence in their home country.

Can self employed people get an H1B visa?

Self-employed persons cannot apply for an H1B visa.

Can a US company hire overseas employees?

A US-based company has a few options when looking to hire an employee overseas. Every country has its own set of regulations when it comes to payroll, benefits, taxes, etc. and you’ll need to remain compliant in providing these employees the benefits that are required within their country.

Is there a possibility of being an entrepreneur?

Long answer: There is a very limited possibility as an entrepreneur, but never by yourself.

Do hotels sponsor H-2B visas?

Hotels and other hospitality establishments are more likely to sponsor H-2B visa employees or J-1 visa employees. The H-2B visa allows employers to bring temporary workers to help with seasonal or peak load work (ex. resort sponsoring H-2B lifeguards during the summer season). The J-1 visa allows employers to bring temporary workers as interns or trainees (ex., a chef trainee in a restaurant). The H-1B visa requires working in a specialty occupation with a specialty degree, while these two visas do not.

Can a company sponsor an immigrant?

But that company has to get accredited first to be allowed to sponsor immigrants. And then they have to spend thousands of dollars and wait months for the immigrant to even work one day for them. Most companies just don’t bother with that complicated process, so they don’t hire foreigners.

Do I need a work permit to work in the US?

You might be confusing it with companies saying that applicants need a “work permit” to be authorized to work in the US. I’ve definitely seen that. But that’s not a work visa. Because the only one that can get a work visa for you is the company that hires you.

Can you change your status from O-3 to F-1?

If you have thought about going back to school, you can change your status from an O-3 to an F-1 and work on OPT.

Can an employer sponsor an H1B visa?

Option 1: Work visa (H1 B visa). An employer who needs you to work in the US should be able to sponsor your work visa (H1-B) visa. Keep in mind H1B visas are in limited supply and a company needs to apply really early for next year/s to be able to sponsor a candidate.

How Can I Get an H-1B Without a Degree?

According to immigration regulations guiding the H-1B adjudication, proving equivalence means providing evidence of achievement of a level of competence , knowledge, and practice in the specialty occupation that has been determined to be equal to that of a person who has a baccalaureate or higher degree in the specialty. This will be determined by meeting one or more of the following five conditions:

Where do I go to get an I-129 visa?

This will be done at the U.S. embassy in your country of residence. Consular processing involves a one-on-one interview with a consular officer.

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.

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.

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 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.

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