what does h1b visa mean

H1B Visa Guide: Everything You Need to Know About the H1B Visa

1. What is the H1B Visa? The H1B is a special visa that allows foreign nationals to perform specialty occupations in the United States. ...
2. What are the benefits of the H1B visa? There are many benefits to having an H1B visa. ...
3. What are the requirements for the H1B visa? ...

More items...

Full Answer

Is H1B visa bad for the USA?

Unfortunately, the H-1B visa is not without its downsides. Work with your immigration attorney to weigh the pros and the cons of this visa class in order to determine if it is the right choice for you. Lottery. The first and greatest drawback of the H-1B visa is the fact that there is an annual limit on how many petitions are approved each year. While other visas also have a limit, they are not as easy to obtain and so that limit is rarely reached.

Is H1B visa considered a 'temporary resident' visa?

An H1B is a temporary residentalien visa. The visa is set to expire on a certain date - usually 3 years after the date it was issued.

How to obtain a H1B visa?

The following is a general guideline followed by a more detailed explanation:

• Apply for H1B Registration period;
• If selected in lottery, submit an H1B application;
• Receive approval;
• If abroad, submit a visa application; and
• Begin work in the United States.

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 H1B visa holders means?

What is the H-1B Visa Category? The H-1B is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor's degree or the equivalent.

How long is an H1B visa for?

The 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.

Who is eligible for H-1B 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.

What is the difference between a visa and H-1B?

H1B Visas are for those candidates who are planning to work as a professional for a US based company or organization, whereas L1 Visas are for candidates who already work for a foreign branch of a US-based company, or are planning to open operations in the US of a foreign-based company.

How much does H-1B visa cost?

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

How long can I stay on H1B without job?

60 daysAs per Dept. of Homeland Security(DHS) regulation that came into effect in Jan 2017, H1B Visa holders can get a grace period of up to 60 days, if they lose their job due to layoff or any other unforeseen reasons, before the end of their H1B petition validity.

How difficult is H-1B 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. Furthermore, there is a limit on the number of H1B visas granted each year.

What are the 4 types of visa?

Probably one of the four main types: tourist, immigration, student, or work.

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.

What are the benefits of H-1B visa?

H-1B Visa BenefitsBroad Requirements. The first H-1B visa benefit, and perhaps the main reason for its popularity, is the broad requirements associated with qualifying for this visa. ... Duration of Stay. ... Portability. ... Anyone Can Apply. ... Spouses and Dependents. ... Dual Intent. ... Combat Local Labor Shortages. ... Global Competitiveness.More items...

How can I go from H1B to green card?

Step by Step: From H-1B to Green Card HolderStep 1: Find a Qualified U.S. Employer.Step 2: Employer to Submit PERM Labor Certification.Step 3: File Form I-140.Step 4: Wait for Priority Date to Become Current.Step 5: File Form I-485 Adjustment of status.

How can I get H1B job in USA?

Here are the top 6 ways to find an H1B visa sponsor for 2022 so that you can file your petition:Look for a Job in the H1B Visa Sponsors Database.Apply for the Job and Get an Offer.Find an Internship.Look for Boutique Consulting Companies.Look for Global Consulting Companies.Find a Job at a US University.

Can H-1B extended beyond 6 years?

H1B status can be extended in three year increments, indefinitely, past the sixth year if the foreign national has an approved I-140 and the foreign national is unable to file for Adjustment of Status or apply for an immigrant visa because an immigrant visa number is unavailable, in other words, the priority date is ...

How many times can H-1B be renewed?

Under U.S. law, a foreign worker with an H-1B visa can stay in the U.S. for a maximum of six years (plus extensions in certain circumstances, discussed below). The H-1B visa and status is initially valid for three years and can then be extended for another three years.

How long does it take for H-1B to get green card?

between 6 months to 2 yearsEach step of the process will take a certain amount of time. Be prepared to spend anywhere between 6 months to 2 years transitioning from an H1B to a green card. The PERM Certificate takes 6 to 18 months. Your I-140 approval depends upon your priority date and your country of origin.

Can H-1B apply for green card?

Can H1B Visa Holders Apply for Green Cards? Yes. The H1B visa is a dual-intent visa, which means that those who hold it are eligible for permanent residency by applying for a green card. If you are interested in staying in the US, you should start the process of applying for your green card sooner rather than later.

How do I check the results of the H1B lottery?

To see if you are eligible to file for a H-1B visa, you can check your USCIS online account. The account will show the status of your application.

Can I expedite my H-1B visa?

Yes, premium processing is available for the H1B visa. To request premium processing, you will need to submit Form I-907, Request for Premium Proce...

Can I travel outside the U.S. on the H1B visa?

Having a valid visa allows you to go to a U.S. port of entry and request entry to the U.S.. If you leave the U.S. for travel and return, as long as...

Can I extend my H-1B visa?

Your H1B visa is generally valid for three years, and can usually be extended for up to six years. To do this, your employer will need to complete...

Can I transition from the H-1B visa to a green card?

The H-1B visa is a dual-intent visa, which means that yes, you can apply for a green card. Find out more about how Boundless can help you through t...

Who can sponsor the H-1B visa?

Any U.S.-based employer can sponsor the H-1B visa and register to file a petition on your behalf.

Can I apply for a H-1B visa if I don’t have a job first?

Because the H-1B visa is an employment-based visa and you will need your employer to file certain forms for you, you will need a job offer before y...

Will my family be able to come with me, if I hold an H-1B visa?

Yes, your spouse and any unmarried children under the age of 21 may be able to accompany you on H-4 visas.

Can my spouse work if I have an H1B visa?

If your spouse holds an H-4 visa, they may be able to apply for employment authorization if you, the H-1B visa holder, is on track to get a green c...

How to apply for H1B?

Should the H1B holder be working at all times? 1 apply for vacation 2 apply for sick/maternity/paternity leave 3 go on strike 4 or otherwise be inactive without affecting his or her status

Does a merger affect an H1B visa?

The merger or sale of an H1B employer's business will not affect the alien's status in many instances. However, if there is a change in the work performed by the visa holder other than that stated in the law, there may be a violation.

Can an H1B visa be used for employment?

A lot depends on the work relationship of the visa holder. Just like other employees, the H1B visa holder can enjoy all the benefits of employment.

Can an H1B worker work for another employer?

H1B aliens may only work for the petitioning U.S. employer, and employer may place the H1B worker on the work site of another employer as part of the company contract. Working for an employer that hasnt sponsored the H1B visa petition is considered illegal. An H1B alien can go on vacations, sick/maternity/paternity leave or on strike.

Should the H1B holder be working at all times?

As long as the employer/employee relationship exists, an H1B holder is still in status. An H1B alien may work in full or part-time employment and continue to be in status. An H1B alien may

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:

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 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.

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 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:

Understanding The H-1B Visa Cap

Before you can enter the United States under the H-1B classification and begin work, you may need to register with U.S. Citizenship and Immigration Services (USCIS) and be selected to apply.

The H-1B Visa Process

Once you have been selected to apply for the H-1B visa, your employer can begin the process by filing a petition on your behalf.

FAQs

When can I register electronically for the H-1B lottery, and when will I know the results?

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.

When was the H-1B visa reform act passed?

The H-1B Visa Reform Act of 2004 was a part of the Consolidated Appropriations Act, 2005, which President George W. Bush signed on December 6, 2004. For employers with 26 or more employees, the required retraining fee was increased from $1,000 to $1,500, and it was reduced to $750 for all other employers.

What was the first immigration law?

Truman. For the first time, the Immigration and Nationality Act codified United States' immigration, naturalization, and nationality law into permanent statutes, and it introduced a system of selective immigration by giving special preference to foreigners possessing skills that are urgently needed by the country. Several different types of visas were established, including a H-1 visa for "an alien having a residence in a foreign country which he has no intention of abandoning who is of distinguished merit and ability and who is coming temporarily to the United States to perform temporary services of an exceptional nature requiring such merit and ability." The term "distinguished merit and ability" was not new to United States immigration law; it had previously been used as a qualification for musicians and artists who had wanted to enter the United States. The visa was called an H-1 visa because it had been made into law by section 101 (15) (H) (1) of the Immigration and Nationality Act.

Does H-1B status reduce time spent as a dependent?

The memorandum stated that time spent as either an H-4 dependent or an L-2 dependent does not reduce the maximum allowable period of stay available to individuals in H-1B status.

Does the H visa apply to Guam?

territory of the Commonwealth of the Northern Mariana Islands, and it stipulated that, during a transition period, numerical limitations would not apply to otherwise qualified workers in the H visa category in the U.S. territories of Guam and the Commonwealth of the Northern Mariana Islands. The exemption does not apply to any employment to be performed outside of Guam or the Commonwealth of the Northern Mariana Islands.

What Will Happen to the H1B Visa?

Work visas in general and H1B visas, in particular, are a sensitive political issue. That's why the H1B visa has an annual quota, strong labor protections, and a hard expiration date. Because of this, the laws surrounding the H1B visa tend to change every few years, especially after elections.

How Do You Get an H1B Visa?

As such, the minimum requirement is a bachelor's degree or an equal amount of education and work experience. Immigration officers usually consider three years of work experience equal to one year of formal education. You can also qualify if you have a foreign degree equal to a bachelor's or an unrestricted state license, registration, or certification that gives you the right to perform a specialty job, such as a license to practice medicine.

Why do H1B visas have wage and benefit limitations?

H1B visas also have wage and benefit limitations to make sure foreign workers don't undercut native workers. That's why H1B employers have to file reports and accept inspections to make sure the foreign workers get a wage equal to the average paid to native workers.

How long can an H1B visa be extended?

If the H1B visa is five years old and the holder is waiting for a decision on an I-140 immigrant petition, he or she can get one- or three-year extensions until the judgment.

What is a labor condition application?

To file a Labor Condition Application certified by the Department of Labor that shows they will provide wages and benefits that are equal or better than the normal rate to H1B visa holders. This includes vacation time, sick leave, and maternity/paternity leave.

Why is Trump targeting H1B visas?

This is because tech companies have been using the $60,000-salary loophole to bring in a large number of Indians to take over their IT departments. These foreign workers have graduated from American universities, but they tend to work for at least $20,000 less than native-born computer specialists. 70 percent of H1B petitions in 2014 were for Indian candidates, and Disney caused a scandal in 2016 when they replaced 200 IT employees with workers brought in from India while claiming they couldn't find any local talent.

Why are H1 visas so popular?

H1 visas are popular because they are easier to get than green cards. Every H1 visa issued today is an H1B. There have been H1A and H1C visas in the past, but both were special cases created to fight nursing shortages and both are now out of use.

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.

How much is the visa fee for each machine readable visa?

There will be a visa fee of at least $190 for each machine-readable visa issued. A reciprocity fee may also be required. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. It is therefore difficult to predict how long the wait will be for each visa issuance. You can check visa-waiting times here, and you can check consular procedures here.

What happens during a visa appointment?

During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States.

How long does it take to get a visa stamp?

Typical administrative delays are 2-4 weeks, but some are much longer. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be.

How many days before I-797 approval date can I work?

You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice.

What should an applicant be prepared to provide to the consular officer about the position?

Applicants should be prepared to provide a succinct “elevator pitch” explanation to the consular officer about the position. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer.

Do you have to apply for a visa in advance?

The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. Please contact our office prior to making irrevocable travel arrangements to discuss your plans.

Do you need a transit visa for international flights?

As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa (s) you may need for international flights, even quick stopovers.

How long is an H1B visa valid?

4. Expectations and Length of the Visa - H1B visas are typically valid for 3 years with an additional extension of 3 years available. At some point, the employee will also probably expect or ask for green card sponsorship, which is another long and expensive process and requires Labor Certification.

Can I work with my spouse on H4?

If the spouse of an H4 holder has an H1B and his I-140 is already approved (or if certain other conditions are met), the H4 holder may apply for an H4 EAD and start working once he/she receives their EAD card.

Is H1B visa restrictive?

5. Uncertainty - H1B visas are restrictive. There is a quota for total visas available and the application process follows the government's fiscal year. There is not a lot of flexibility with H1B visas and there is no guarantee that the application will be approved, let alone make it into the "lottery" (in years where there are more applications than visas available).

Can an H4 holder get an OPT?

Also, there is no guarantee that your OPT employer will necessarily file an H1B for you. So there's still some uncertainty in this approach. But it is still an approach with some possibility of working out - compared to finding direct employers while you are on H4.

Is it illegal to take money from H1B?

But they often resort to shady techniques such as taking money from you for your H1B application (which is actually illegal. H1B costs have to be borne by the employer and not by the employee). They also often ask the candidate to inflate their resume and show many years of fake experience so that they can place them on projects. Not my preferred way of getting work. But it works for some people. To each his own, I guess.

Can you work with Fragomen for H1B?

If you are working with Fragomen for your H1B filing, then chances are that you are working through your company, since they would be too expensive for an individual. This means that you may not have an option of someone other than Fragomen atleast for your H1B.

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