how to get hb1 visa

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.

How long does it take to get an H1B visa?

1 to 6 monthsIt takes from 1 to 6 months for a H1B visa to process under the regular procedure.

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 much is US H-1B visa fee?

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 increase my H-1B chances?

4 Tips to Increase Your Chances at an H1B VisaGet your application in as quickly as possible. The USCIS accepts applications in April and, believe us, they come in thick and fast. ... Only apply once. ... Don't pay your own fee. ... Make sure your employer is a “good” one.

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

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 can I get sponsored to work in USA?

As explained, getting a sponsorship employment visa requires you to have an offer from a US employer. The US employer must send you a contract to sign, which will then be part of the sponsorship documents. In some nonimmigrant visas the Department of Labor first requires a Labor Certification.

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).

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...

How long is H1B visa good for?

6 yearsThe 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.

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 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.

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.

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.

Where is the notice of the filing of the labor condition application posted?

Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of employment.

Do I need to file a Form I-129 with the DOL?

Yes. The prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129. See the links to the Department of Labor’s Office of Foreign Labor Certification and USCIS forms to the right.

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 many registrations can a prospective petitioner have?

A prospective petitioner may only have one registration submitted per beneficiary per fiscal year. Once the initial registration period has closed, if the prospective petitioner has more than one registration submitted for the same beneficiary, we will remove all registrations submitted for that beneficiary by that prospective petitioner from the selection process. This does not prevent other prospective petitioners or their representatives from submitting registrations for that same beneficiary, but they too need to ensure that each prospective petitioner only has one registration submitted for the beneficiary.

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.

Can a representative and a registrant register the same beneficiary?

A: The system will not prevent a representative and a registrant from both registering the same beneficiary. The representative and the registrant are responsible for ensuring that duplicate registrations are not submitted.

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:

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.

How to get a job before applying?

Research before applying. Before you apply for jobs, do your research. Check out the company’s website to get a good idea if they have hired foreign employees before. Even if a company isn’t advertising that they’re hiring, it’s always a good idea to send your résumé to companies that sponsor employees ahead of time.

What is E1 in the job market?

Employment First Preference (E1): This category includes professionals with extraordinary abilities, such as world-renowned scientists and researchers, as well as athletes, professors, artists, and business executives.

What is E4 immigration?

Employment Fourth Preference (E4) The immigrants that qualify for this category are considered “certain special immigrants” and receive only 7.1 percent of employment-based immigrant visas. This category involves immigrants who have performed special work for the United States government, and has many subgroups, including NATO civilians, ministers of religion, former employees of the Panama Canal Company, and more.

Can foreign born employees be invested?

This may sound impossible, but we represent companies large and small that believe foreign-born employees are worth the extra expense and paperwork. Companies are willing to invest in you for many factors. You can help them to be more competitive on a global scale and to fill highly specialized positions.

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 ...

See more on dol.gov

Key News

General Guidance

Forms

Disqualified and Willful Violator Employers

Nonimmigrant Worker Related Agency Links