H1B Visa Guide: Everything You Need to Know About the H1B Visa
- What is the H1B Visa? The H1B is a special visa that allows foreign nationals to perform specialty occupations in the United States. ...
- What are the benefits of the H1B visa? There are many benefits to having an H1B visa. ...
- What are the requirements for the H1B visa? ...
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.
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 many years we can stay in US on H-1B visa?
six yearsUnder 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.
Is it good to have H-1B visa?
Portability. Unlike the rigid regulations surrounding some other work-related visas, the H-1B gives holders the ability to port their status from one employer to another during their stay. It also allows them to work part-time and for multiple employers at the same time.
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 H1B 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.
Can I apply for green card after H1B?
Most temporary US visas do not offer a path to US permanent residence. The H1B visa, however, is 'dual intent', which means holders can become eligible to apply for a Green Card once they reach the maximum stay of six years.
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.
What happens after H1B expires?
After the expiration of the six year period (the tenure), he or she must remain outside of the USA for at least one year, before they could qualify, if petitioned for by a qualified employer, to obtain another H1B visa, which would again be limited by a new 6 year tenure.
What are the disadvantages of H-1B 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...
Is H-1B the same as green card?
A green card is for permanent residents who are not citizens, while H1 visas are for those who are in the states temporarily, usually for work, school or vacation. Green card holders have more rights and privileges than H1 visa holders, who are in the States as "guests."
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.
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 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:
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.
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?
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.
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.
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 long does it take to process an H1B?
For instance, regular processing of H1B petitions do not have time limits and can take anywhere from a few weeks to a few months to process. There are cases that even push the 1-year mark of processing so your patience is key in this procedure.
What happens if my visa is not approved?
If your visa petition was not approved, you will receive a denial letter via mail and your status will state that your decision notice has already been mailed. If your status states that your name was updated, this doesn’t automatically mean that your petition has been denied.
What happens if you provide USCIS with more information?
For some reason, when the USCIS requests more information, applicants become weary and anxious about whether or not their petition will be successful. If this happens to you, simply provide the USCIS with the relevant information and documentation and your process will continue as normal.
Can everyone get an H1B visa?
You might have caught onto the fact that there are always more people who apply for the H1B visa than there are actually visas to give out. This means that not everyone who applies for an H1B visa will be granted one — it all depends on the H1B visa lottery. Even if you have applied in the master’s cap category and get pooled into the second round of the regular cap lottery, it does not mean that you are guaranteed an H1B 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
Overview
The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H) that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years; after which the visa holder may need to reapply. Laws limit the number …
Notes
1. ^ "Worldwide NIV Workload by Visa Category FY 2019" (PDF). United States Department of State. Retrieved 22 June 2020.
2. ^ "8 U.S. Code § 1184 - Admission of non immigrants". LII / Legal Information Institute.
3. ^ "8 U.S. Code § 1184 - Admission of non-immigrants". LII / Legal Information Institute.
Structure of the program
An H-1B visa allows an individual to enter the United States to temporarily work at an employer in a specialty occupation. The regulations define a specialty occupation as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to biotechnology, chemistry, computing, architecture, engineering, statistics, physical sciences, journalism, medicine and health: doctor, dentists, nurses, physiothe…
Application process
The process of getting a H-1B visa has three stages:
• The employer files with the United States Department of Labor a Labor Condition Application (LCA) for the employee, making relevant attestations, including attestations about wages (showing that the wage is at least equal to the prevailing wage and wages paid to others in the company in similar positions) and working conditions.
History
On June 27, 1952, Congress passed the Immigration and Nationality Act after overriding a veto by President Harry S. 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 …
Protections for U.S. workers
The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers. For every H-1B petition filed with the USCIS, there must be included a Labor Condition Application (LCA) (not to be confused with the labor certification), certified by the U.S. Department of Labor. The LCA is designed to ensure that the wage offered to the non-immigrant worker meets or exceeds the "pr…
Impact
Studies have shown that H-1B visas have welfare-improving effects for Americans, leading to significant wage gains, lower consumer prices, greater innovation, and greater total factor productivity growth. While H-1B visas lead to lower wages and employment for competing U.S. workers, H-1B visas have led to lower prices for consumers, greater output, and improved performance by companies. H-1B visa holders have been associated with greater innovation an…
Criticisms of the program
The H-1B program has been criticized on many grounds. It was the subject of a hearing, "Immigration Reforms Needed to Protect Skilled American Workers," by the United States Senate Committee on the Judiciary on March 17, 2015. According to Senator Chuck Grassley of Iowa, chairman of the committee:
The program was intended to serve employers who could not find the skilled workers they need…