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.
How long does it take to get a H-1B visa?
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.
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. ...
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.
How can I get the H1B visa?
The H1B work visa is initiated by an employer in the United States....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.
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.
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 does it cost to apply for H1B visa?
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 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 H1B in the US?
The H1B allows foreign nationals to perform specialty occupations in the United States. This allows highly qualified individuals to work and live in the US. This benefits both the beneficiaries and the US economy.
What is an H1B visa?
The H1B is a special visa that allows foreign nationals to perform specialty occupations in the United States. This work can be in - but is not limited to - any of the following fields:
How long can a beneficiary stay in the US?
If there is a change in worksite, a new labor condition application must also be submitted. If the job ends unexpectedly, the beneficiary may stay for up to 60 days or until the visa expires, whichever is shorter. During this time, the beneficiary may attempt to find a new employer to remain in the US but may not work. It is important to note if there are any changes to a beneficiary’s job position or to the US company. Here, an immigration lawyer can help you determine what steps are required to be in compliance with the H1B visa program.
What is employer control in USCIS?
Control is the ability of the petitioner to determine when, where, and how the beneficiary completes his/her duties. USCIS will deny a petition if the beneficiary will not be an employee or report to the petitioner.
How long do you have to work to get an H1B visa?
Begin work in the United States. H-1B beneficiaries may arrive in the United States up to 10 days before the start date of their petition and stay up to 60 days (with some exceptions) after the termination of their H1B status. Upon arrival, you should present your passport, H1B visa, and Form I-797 approval.
What are the benefits of H1B?
One big advantage of H1B visa is the portability benefits. This means that if you are on an H1B and change employers, you can begin working for a different employer upon filing your new petition.
How long before I can apply for a visa can I apply for a visa?
Note that you cannot apply for a visa more than 90 days before the start date of the job . Upon scheduling a consular interview, the foreign national will meet with a US consular officer and show them their I-797 approval.
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 to determine prevailing wage?
The prevailing and actual wages should be confirmed by the State Employment Security Agency. If the prevailing wage exceeds the offer made by the prospective employer then a wage determination will be sought. It’s important to ensure that the foreign worker will not be working below the minimum. The prevailing wage in a specific location. The Foreign Labor Certification Data Center maintains the prevailing wage determinations by location. The prevailing appropriate wage for H-1B visa applications can be determined using any of these three sources: 1 A Prevailing Wage Determination obtained from the National Prevailing Wage and Center (NPWC). 2 A survey conducted by an independent authoritative source. 3 Another legitimate source of wage information.
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 is the purpose of prevailing wage?
The purpose of the prevailing wage is to ensure that the foreign worker is not underpaid compared to other workers offering the same or similar service in the same area of employment.
What is the masters quota?
To be eligible for the master’s quota (advanced-degree exemption ) there are a number of requirements you must first meet. You must have received your master’s degree from an accredited U.S. based institution. The institution also has to be public or non-profit in nature as well as accredited by a national accrediting agency. It’s best to not assume that your U.S. institution is automatically accredited because that’s not always the case.
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 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.
What is a specialty occupation?
The USCIS defines a specialty occupation as an occupation of which “the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.” These specialized fields for H1B visas include engineering, journalism, medicine and health, research, law, business specialties, and many more.
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.
What does LCA mean in employment?
In completing the LCA, the employer attests to the government that the employee will receive a wage that is either equal or greater than the prevailing wage for the position in the geographic area where the work will be completed and that the working conditions will not be harmful to other similarly employed workers.
What degree do you need to become a physicist?
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.
What is the degree requirement for a job?
The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a degree. The employer normally requires a degree or its equivalent for the position.
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.
Who must apply for LCA certification?
The employer/agent must apply for and receive DOL certification of an LCA. For further information regarding LCA requirements and DOL's process, see the Foreign Labor Certification, Department of Labor page.
Do I need a Form ETA 9035?
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, Petition for a Nonimmigrant Worker. See the links to the DOL’s Office of Foreign Labor Certification and USCIS forms to the right.
Is my employer responsible for my return transportation?
Your employer is not responsible for the costs of your return transportation if you voluntarily resign from your position.
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 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.
Can your dependents come to the United States under this visa?
Most H1B visa holders want to bring their children and spouse to the US. Their Spouse and children can petition for an H4 visa. Since 2015, H4 visa holders can work under the H 4 EAD program in specific conditions. Besides, they are also permitted to enroll in studies. Children under 21 years can also go to the US through an H4 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 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.
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 prepare for an interview for a job?
Inquire at the U.S. consulate in your country about which documents are needed as the list might be different in each country. Before going in for your interview, make sure you are well prepared. Take all relevant documents with you and be ready to answer all questions confidently and honestly.
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 premium processing increase chances of lottery?
A: Usually, premium processing is a service that only speeds up the time it takes for the USCIS to process your I-129 petition. It does not increase your chances of being selected in the lottery nor does it make you cap-exempt. It also does not guarantee that your visa will be approved in the H-1B visa stamping process.
How big can a photo be?
The size of the photo cannot be more than 240 kilobytes.
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.”
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.”
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 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.
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 H-1B visa?
Canadian citizens seeking temporary work in a “specialty occupation” that requires the skills of a professional may be eligible for an H-1B visa.
How do I apply for an H-1B visa?
An H-1B application can only be filed the employer. USCIS begins accepting H-1B petitions on April 1st of every fiscal year. The employer is the petitioner and the employee is the beneficiary.
H-1B lottery
There is an annual of 65,000 H-1B visas available for applicants with bachelor’s degree. An additional 20,000 H-1B visas are made available for applicant’s with a U.S. Master’s degree.
H-1B validity period
The H-1B visa is valid for up to three years, and it can be renewed for another three years for a total of six years. After six years, you have to leave the United States for a period of one year before you can re-apply for a new H-1B.
Dual intent under H-1B status
The H-1B allows for “dual intent,” which means that you can be sponsored for permanent residency while on the visa through an employment-based green card, family-based green card or marriage-based green card. This is important because some work visas, such as the TN visa, does not allow for dual intent.
H-1B visa versus TN visa
Canadians have the benefit of being able to choose between an H-1B visa and a TN visa. The question is, which one is better? The answer is that it depends on many things.
H-1B Advantages
More occupations and professions are available under an H-1B visa than the TN visa. There is a specific list of TN occupations. If you don’t fall under a TN profession, you won’t qualify for a TN visa
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