Overview:
- 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? ...
Full Answer
What is an H1B specialty visa?
The H1B is a special visa that allows foreign nationals to enter the United States to perform “specialty occupations.” A specialty occupation is one that requires, at minimum, a bachelor’s degree or enough work experience that could equate a degree.
How does the H1-B visa process work?
The H1-B visa is a multistep process. The following is a general guideline followed by a more detailed explanation: Begin work in the United States. In winter 2019, DHS implemented the H1B CAP electronic registration rule. This applies to all employers applying for an H1B petition on behalf of any potential future H1B employees.
Do you have any questions about the H1B visa?
If you have any questions about the H1B visa, feel free to email me directly at [email protected]. I’m very responsive via email and would be happy to answer your questions. The H1B is a special visa that allows foreign nationals to enter the United States to perform “specialty occupations.”
How long does a H1B visa last for?
Lawyers, etc. The employer receives applications from various candidates and if the requirements for the job are fulfilled by a foreign employee, then the US H1B visa process is initiated. An H1B visa can be given for three years, and then renewed for a maximum of six years. Renewals are done on a one year or three year basis.
Who is eligible 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.
What is hb1 visa?
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.
What is the difference between H1B1 and H1B visa?
The H1B1 visa is similar to the H-1B visa: it allows qualified professionals to temporarily live and work in the United States. The crucial difference between the two types of visas is the foreign national's intent for coming to the United States.
How long does H1B visa last 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.
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.
How much does an H-1B 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.
How long does it take to get a H-1B visa?
1 to 6 monthsIt takes from 1 to 6 months for a H1B visa to process under the regular procedure.
How can I get H-1B 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.
Which visa is better H-1B or L-1?
H1B has stringent requirements while L1 Visa is more suitable for multinationals and is less time consuming than H1B visas. Also, L-1 and H-1B have ˜dual intent in that visa holders in both categories can aim for green card while staying as a nonimmigrant in the United States.
How long can you stay in US on H1B without job?
60 daysWhat is H1B Grace Period Rule as per DHS ? As 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.
Can H-1B visa get 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.
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...
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 long does it take to get an H-1B visa?
1 month to 6 monthsThe 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.
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 H-1B is a "specialty occupation" US visa, which means the holder is employed in a position that requires specialized skills or knowledge. One of the H1B visa requirements is the jobs that suit the H1B visa typically need a university degree or equivalent (which can mean 3 years' work experience for each year that would normally be spent ...
How Can I Get an H-1B Visa Without a Degree?
A common question we are asked is, “Do I need an education evaluation to ...
How much does it cost to register a business with USCIS?
We register our corporate clients free of charge; only pay the $10 registration fee to USCIS.
Who is responsible for visa fees?
An employee is responsible for the costs related to getting their visa at their U.S. embassy or consulate and visa fees for dependents.
Can I work in the US with an H4 visa?
Yes, your immediate family (i.e. spouse and any unmarried children under the age of 21) may accompany you to the US under an H4 visa. They will be permitted to study but not work in the United States.
What is an H1B visa?
A US H1B visa is a visa that is NOT designed for immigration. The H1B visa is instead designed to allow United States companies to hire graduate level workers in specific industries that require technical or theoretical expertise in specialized areas of industry.
How to apply for H1B visa?
The USCIS website lists the specific criteria for the H1B visa including the general requirements for obtaining the visa and labor condition application requirements. They also list the following criteria that an individual must meet in order to be eligible for an H1B visa proposal, this includes: 1 Have completed a US bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university. 2 Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation. 3 Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment. 4 Have education, training, or experience in the specialty that is equivalent to the completion of such a degree, 5 Have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
Who Can Qualify For an H1B Visa?
The USCIS website lists the specific criteria for the H1B visa including the general requirements for obtaining the visa and labor condition application requirements. They also list the following criteria that an individual must meet in order to be eligible for an H1B visa proposal, this includes:
How long is an H1B visa good for?
The third thing you need to know about H1B visas is that they are granted for a duration of up to six years. The duration of your H1B visa is determined by the need of your sponsoring employer.
Why is H1B important?
Still, H1B visas are important because it is a much faster path to legally bringing skilled immigrant laborers into the country than other types of visas. That said, companies that are unable to obtain H1B visas will often pursue other visa options.
Is an H1B visa important?
Well, the truth is that depending on who you are, an H1B visa may or may not be important to you. If you are an immigrant with a graduate education in certain industries that require technical or theoretical expertise looking to come to the US for work, the H1B visa is important to you.
Can an individual request an H1B visa?
The first thing you need to know about the H1B visa is that it can only be requested by a sponsoring company that is offering work to the immigrant in question. Individual immigrants cannot request an H1B visa themselves.
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 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 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:
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:
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.
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.
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.
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.
How long can an H1 visa last?
It's not a green card visa that will let you stay indefinitely, but it can last for up to six years. H1 visas are popular because they are easier to get than green cards. Every H1 visa issued today is an 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 ...
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