how to obtain 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 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)

More items...

What is H1b1 visa, processing time?

H-1B1 Visa Processing Time. Since the H-1B1 visa is not available for premium processing, it takes more time than the H-1B. Processing times vary from country to country, but in general it takes 4 to 6 months for the H-1B1 visa to be processed.

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.

Is it easy to get H1B 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.

Who can qualify 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.

Can I directly get H1B visa?

H1B visas can only be applied through an employer, meaning you cannot apply for a H1B visa from India by yourself. The H1B visa is tied to a particular employer and if you change your employer, it could affect your visa status. In addition, family members in the U.S. cannot sponsor an H1B visa.

How much does H1B 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.

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.

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.

How long H1B visa takes?

3 months to 1 yearH1B regular application processing time is 3 months to 1 year for approvals. H1B premium processing is getting approval within 1 to 15 days of filing.

What jobs can get me a US visa?

Examples of Jobs That Have Been Approved for H-1B VisasAccountants and Auditors.Architects.Biologists.Budget and Management Analysts.Chemists.Civil Engineers.College and University Educators.Database Administrators.More items...

Who can sponsor me in USA?

Who You Can Help ImmigrateWho Can Sponsor WhoWho You AreImmigrants You Can PetitionU.S. citizen (at least age 18, for financial sponsorship purposes)Minor, unmarried childrenU.S. citizenMarried children or adult childrenU.S. citizen age 21 or olderBrothers and sisters4 more rows

How can I get H1B visa without sponsorship?

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.

Do H-1B get paid less?

As you can see, H-1B salaries were lower than the “general” counterparts—significantly so, in many cases.

How difficult is it to get H1B visa 2022?

The H-1B visa 2022-23 process is relatively straightforward when broken down. Under the regular cap, USCIS randomly selects 65,000 registrations by computer. USCIS will choose an additional 20,000 registrations under the advanced degree exemption.

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.

What is the probability of getting H1B visa 2022?

Less than 1 out of every 2.4 H-1B cap registrations received by the USCIS during the H-1B cap registration period between March 9 and March 25, 2021, were selected in the H1B lottery 2022.

How long does H1B processing take?

3 months to 1 yearHow long does H1B regular processing take? H1B regular application processing time is 3 months to 1 year for approvals. It keeps changing based on current affairs and circumstances. During COVID-19 closures, USCIS did approve many regular H1B applications within 2 weeks.

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.

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.

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.

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.

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 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:

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.

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.

What is an H1B visa?

Commonly known as a US work visa, H1B is a nonimmigrant, employment based visa that is granted to an eligible temporary worker. H1B must-have a US based, specialty occupation at-hand and your employer must apply for your H1B visa petition with the US Immigration Department. Once approved, this petition is a work permit in the form ...

How many appointments are required for H1B visa?

After you pay the fees, you will have to schedule 2 appointments as part of the H1B visa process. The two-part appointment process consists of an appointment with one of the five Offsite Facilitation Center (OFC) to give Biometrics information that includes fingerprinting and photograph , and second an appointment with the Consulate or Embassy for a personal visa interview.

How long is the H1B visa good for?

The fee is good for a year from the date of payment. You must take an appointment within a year for your visa interview. Learn about how to pay H1 visa fee. Step 4. Take appointment for visa interview. After you pay the fees, you will have to schedule 2 appointments as part of the H1B visa process.

How many digits are in a visa barcode?

After successfully completing the application, you will receive a confirmation with a 10-digit barcode. Take a printout of this page. This will be needed for setting up your visa interview appointment.

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 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.

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.

Where is the A number on a visa?

Your immigrant visa in your passport—also known as a visa stamp/visa foil—also contains your A-Number. You can locate it on the right-hand side below your case number.

What to do if you see USCIS number?

If you see “USCIS#” or “USCIS number” on documentation that doesn’t use the word “case” after it, then you should use your Alien Registration Number in that instance. As you can see, it can get quite confusing, so we highly recommended trusting your immigration case with an experienced attorney.

Where Do I Find My Alien Registration Number?

The back of the green card also contains the alien number.

What is the USCIS case number?

No, these are distinct numbers. Your USCIS case number (also called receipt number) is the one USCIS assigns to your application. The government uses the Alien Registration Number to identify you as a person. The USCIS case number is 13 digits and always starts with 3 letters and then 10 numbers. Your A-number (seven to nine digits) remains the same across your documents, visas, or green cards issued. If you apply for a green card and then apply for citizenship later on, the two applications you fill out will have different USCIS case numbers, but the same A-number will be listed. If you see “USCIS#” or “USCIS number” on documentation that doesn’t use the word “case” after it, then you should use your Alien Registration Number in that instance. As you can see, it can get quite confusing, so we highly recommended trusting your immigration case with an experienced attorney.

What is the USCIS number on my EAD card?

On your Employment Authorization Document, the “USCIS#” is your Alien Registration Number. The section next to “Card#” is your EAD card number.

How long does it take to get an alien registration number for marriage?

If you are already married to your U.S. citizen partner, your Alien Registration Number will arrive roughly 30 days after filing the green card application (I-485). If you are married to a green card holder, you need to wait for your I-130 petition to be approved before you file your I-484 (green card application) and wait for your immigrant visa to become available. Your A-number will be sent to you roughly a year into that process.

Why do you need a team of immigration experts?

For that reason, and many more, it's highly advised to have a qualified team of immigration experts work on your case to ensure all the proper documents are submitted along with the correct corresponding alien numbers, USCIS case numbers, and other immigration identifiers. We take great pride in our client's successes and ensure that all applications and supporting documents are prepared accurately and filed with USCIS in a timely and efficient manner.