What is an H-1B nonimmigrant?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability. What is a specialty occupation? A specialty occupation requires: theoretical and practical application of a body of specialized knowledge.
Are H-1B holders non immigrants?
H-1, TN and O-1 visa holders are considered non-resident aliens until they meet the “substantial presence” test.
Is H-1B nonimmigrant alien?
B. H1-B aliens who claim treatment as residents of another country under the “tie-breaker rules” of a U.S. income tax treaty are treated as nonresident aliens for purposes of calculating their U.S. income tax liability and must file Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b).
What are the nonimmigrant visas?
Nonimmigrant visas are for foreign nationals wishing to enter the United States on a temporary basis - for tourism, medical treatment, business, temporary work, study, or other similar reasons. An immigrant visa is issued to a foreign national who intends to live and work permanently in the United States.
Who is a non immigrant?
The U.S. government uses the term nonimmigrant to refer to foreign nationals who are admitted to the United States temporarily for a specific purpose. By contrast, the term immigrant refers to foreign nationals who wish to come to the United States permanently.
What is H1B visa status?
What Is an H-1B Visa Status? An H-1B visa allows a foreign national to work temporarily in the United States. Once an immigrant attains an H-1B visa, they may hold the H-1B visa status for up to six years.
What does nonimmigrant mean?
A nonimmigrant visa (NIV) is issued to a person with permanent residence outside the United States but wishes to be in the United States on a temporary basis for tourism, medical treatment, business, temporary work, or study, as examples. There are more than 20 different categories of nonimmigrant visa classifications.
What is a nonimmigrant status?
Nonimmigrant status This status is for people who enter the U.S. on a temporary basis – whether for tourism, business, temporary work, or study. Once a person has entered the U.S. in nonimmigrant status, they are restricted to the activity or reason for which they were allowed entry.
What are 3 types of nonimmigrant visas?
What are the nonimmigrant visa types? There are three primary nonimmigrant visa categories. You can visit the United States for temporary tourism or business, study, and work.
What are the 4 types of visas?
Which type of visa do you need? Probably one of the four main types: tourist, immigration, student, or work.
Is H-1B employment based visa?
The H1B visa is an employment-based, non-immigrant visa for temporary workers. For this visa, an employer must offer a job in the US and apply for your H1B visa petition with the US Immigration Department.
What is B1 and B2 visa?
B1 and B2 visas are generally referred to as “B visas”, and they are the most common types of visa issued for a wide range of uses in the United States. The B1 visa is issued mainly for short-term business trips, while the B2 visa is issued mainly traveling for tourism purposes.
What are the types of non-immigrant status?
Examples of nonimmigrant classes of admission include foreign government officials, temporary visitors for business and pleasure, aliens in transit, treaty traders and investors, academic and vocational students, temporary workers, exchange visitors, athletes and entertainers, victims of certain crimes, and certain ...
Is B1 B2 non-immigrant visa?
The B-1/B-2 visa is a temporary, non-immigrant visa that allows the holder to travel to the United States for either business or tourism purposes.
What's the difference between immigrant and nonimmigrant visa?
Immigrant visas are issued to foreign nationals who intend to live permanently in the United States. Nonimmigrant visas are for foreign nationals wishing to enter the United States on a temporary basis – for tourism, medical treatment, business, temporary work, study, or other similar reasons.
What is an H1B visa?
An H1B visa is a one of temporary worker visas for persons who want to enter the United States for employment lasting a fixed period of time. This visa requires the prospective employer to first file a petition for a foreign worker with U.S. Citizenship and Immigration Services (USCIS). The H1B visa status is the most common path to an Employment Based Green Card.
What is required to be a H1B?
To qualify for H1B status, the foreign worker must possess the required degree or its equivalent or possess a certificate of license that permits the foreign worker to immediately undertake the profession in the state of intended employment .
Where can I apply for H1B visa?
Once the Form I-129 is approved by the USCIS, the foreign worker can either apply for an H1B visa at the U.S embassy or consulate in his or her home country or the foreign worker can start working from a valid date indicated on the approval notice if he or she properly changed his or her legal status in the United States. All approved new and first H1B applications will be effective from October 1 st and other approved H1B applications will be effective on the Change of Status effective date.
Who pays for H1B petition?
The U.S. employer should pay the filing fees for the H1B petition and the attorney fee is optional.
How long does it take to get an H1B?
The typical duration for processing H1B application takes between two (2) to six (6) months. However, premium processing is available for H1B applicants to expedite the entire process. The USCIS will make a decision on the case within fifteen (15) calendar days. However, please note that the premium processing costs an additional $1,225.00.
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 lottery in H1B?
The lottery is the process through which the USCIS selects which applicants will receive an H1B visa. The selection is entirely random.
H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models
This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
H-1B Electronic Registration Process
In 2020, we implemented an electronic registration process for the H-1B cap. A cap-subject H-1B petition will not be considered to be properly filed unless it is based on a valid, selected registration for the same beneficiary and the appropriate fiscal year, unless the registration requirement is suspended.
Petition Filing Process
Step 1: (only required for specialty occupation and fashion model petitions): Employer/Agent Submits LCA to DOL for Certification.
Labor Condition Application (LCA)
Prospective specialty occupation and distinguished fashion model employers/agents must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer/agent.
Period of Stay
As an H-1B specialty occupation worker or fashion model, you may be admitted for a period of up to three years.
H-1B Cap
The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from the cap.
Family of H-1B Visa Holders
Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification.
Why is the H1B visa so popular?
The H1B visa is popular amongst those who would like to become employed in the U.S for a specified period of time. They might want to have some international experience or a higher salary than what they have in their home country.
When can I enter the U.S with an H1B visa stamp?
After you submit the documents above and prove you have fulfilled all criteria, the U.S Embassy could decide to give you the H1B visa stamp. If you get the stamp though, you might ask yourself when you can enter the U.S with that stamp.
How long does a passport last after H1B expires?
To qualify for your H1B visa stamping, you should fulfill these criteria: Have a valid passport – which should continue to be valid for 6 more months after your H1B visa expires. If your passport expires earlier, you should apply for a new one before starting your H1B application.
What does a visa stamp mean?
The visa stamp tells them that you have gone through all application procedures and that the U.S Embassy in your country has decided that you fulfill the requirements to enter the U.S. For an H1B visa, this means that the U.S Embassy, the Department of Labor, and USCIS have unanimously decided through their petition approvals that you can go into the country and work there.
How to get a visa stamp?
Before you get your visa stamp, you also have to submit a complete set of these documents: 1 A completed DS-156 Form which must be signed by the applicant 2 A completed DS-157 Form 3 One photograph taken within the last six months 4 The USCIS approval through Form I-797 5 The original visa petition through Form I-129 6 The Labor Condition Application (LCA) from the Department of Labor 7 Letter from your U.S employer with details about your job position, salary, and job description 8 Company information of your US employer with photographs, address, prospectus, brochures, and annual report 9 Letters from previous employers to prove your work experience 10 Diplomas and certificates of your academic qualifications 11 Your resume or curriculum vitae (CV) 12 Your current address in your home country 13 Bank statements for the last three months 14 Receipts that you have paid all applicable fees 15 Your Social Security Number (if you already have one)
How long do you have to work to get an H1B visa?
There is a rule from the U.S that H1B visa holders can enter the U.S only 10 days before they have to start working. The date when you start working is on your Form I-797 that proves your USCIS petition was approved.
What do you need to do before you get your H1B stamp?
Successful medical examination – before you go in for your H1B stamping, you should undergo a medical examination. This means that a licensed doctor has done a full check up which is required by the U.S Embassy and that you are healthy and in good condition to work.
What is non-immigrant visa?
Non-immigrant visas are interview-based. Interviewing officers rely on statements made by the applicant to determine visa eligibility, although they may consult supporting documents such as affidavits of support, travel arrangements, employment letters or financial statements to verify statements made in the interview.
How to check if your visa application is approved?
Use your CEAC barcode or case number and the location where your interview occurred to check the status of your case. Click on “Check My Visa Application Status.” If you received a 221g letter or were told your case requires further “Administrative Processing” this system will let you know if your case has been approved, requires more information, or is still being processed.
How to check status of visa application?
Applicants can easily check the status of their cases online with the U.S. Department of State’s CEAC Status Check by following the instructions below. Use your CEAC barcode or case number and the location where your interview occurred to check the status of your case. Click on “Check My Visa Application Status.”.
What is Section 214 B?
Section 214 (b) of the INA requires all applicants to overcome the presumption of immigrant intent by establishing that they have sufficient professional, economic, and social ties to assure their departure after a limited stay in the United States & their intent to abide by the terms of the visa class.
What is the purpose of a second immigration officer?
During secondary inspection, a second immigration officer will review your case and ask you about your travel and background.
Can you submit false information on a visa application?
Remember: You alone are responsible for the accuracy of the information in your application. Intentionally submitting false information either on the application itself or during the visa interview can lead to a finding of a permanent ineligibility. Never sign the application you are submitting without reviewing it first for accuracy if you have had help filling it out.
Do temporary visitors need visa consultants?
Many temporary visitors turn to visa consultants before scheduling their interviews. While some consultants provide helpful information, many do not.
Spouses and Children Seeking Dependent Nonimmigrant Classification
Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.
Federal U.S. Tax Information
Aliens employed in the U.S. may have a U.S. tax obligation. See the Taxation of Nonresident Aliens page on the Internal Revenue Service (IRS) website for more information.
What is a nonimmigrant visa?
Nonimmigrant visas are required for travel to the United States on a temporary basis, including tourism, temporary employment, study, and exchange.
How long does it take to get a new visa?
If approved, the new visa will be ready, on average, within 10 business days.
How many visa appointments are required for Porto Alegre?
Those applying for a visa for the first time, and who are between the ages of 14-79, must schedule two appointments (except in Porto Alegre, where only one appointment at the Consulate will be scheduled): the first at the Applicant Service Center (ASC) and the second at the U.S. Embassy or Consulate. When applying, you must apply for the correct visa category based on the purpose of travel to the United States (see visa category tab).
Do you need a copy of your letter of employment for a crew visa?
For Crew and Transit Visas: Please include a copy of your letter of employment.
Can a nonimmigrant visa be appealed?
If you applied for a nonimmigrant visa and were refused under Section 214 (b) of the Immigration and Nationality Act (INA), the decision cannot be reviewed or appealed. However, you may reapply if you have additional evidence to demonstrate your qualifications for a visa.
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 …
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