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? ...
Full Answer
What are the top benefits of the H-1B visa?
How the H-1B Visa Benefits Foreign Workers
- Broad 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. ...
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 to apply for H1B visa?
- Hold a U.S. ...
- Obtain a foreign equivalent to a U.S. ...
- Hold an unrestricted state license, registration, or certification that allows the applicant to have no limitations when engaging in the specialty occupation.
- The applicant must have received training, education, or work experience that is required for the completion of the degree. ...
Which companies sponsor H1B visas?
#50 TOP USA companies which sponsors H1B (For OPT Students)
- TOP 50 USA companies sponsoring H1B
- Infosys limited. ...
- IBM India Private limited. ...
- Wipro limited. ...
- Tata Consultancy Services. ...
- Ernst Young US LLP. ...
- Microsoft Corp. ...
- Deloitte Consulting Lp. ...
- Accenture. ...
- HCL America Inc. ...
What is the meaning of H-1B visa?
The H-1B program allows companies and other employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor's degree or higher in the specific specialty, or its equivalent.
How long is an H-1B visa good for?
6 yearsThe 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.
What is the difference between B1 and H-1B visa?
1. A H1 visa is needed by foreigners who seek employment in the United States. A B1 visa allows a person to perform business transactions temporarily.
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.
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.
How long does it take to get green card after H-1B?
How long does it take to get a Green Card from H1B? Most H-1B holders have to wait approximately two years after filing the family sponsorship form before you can continue the process by filing your Green Card application.
How many times can you get H-1B visa?
Under normal circumstances, a foreign national is initially granted a period of stay of 3 years in H-1B status. When you near the end of that period, you will be able to apply for an H-1B visa extension up to a total of 6 years. An employer, however, can only request a total of 3 years on any given H petition.
Can I work in US with B1 visa?
An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States.
Is H-1B a visitor 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.
Do you need a degree for H-1B visa?
H-1B visa occupations are professional-level jobs that require a U.S. bachelor's degree, the equivalent or higher. Applicants with a foreign degree must prove it is equivalent to a specific U.S. degree by completing a Foreign Credential Evaluation, commonly called an H-1B education evaluation.
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
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.
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.
How to extend a bona fide job offer?
This can be through a written contract or, if there is no written contract, through a summary of an oral agreement. Additionally, there must be evidence to support the need for the beneficiary.
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.
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.
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.
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 does H-1B visa status mean?
The H-1B visa program lets employers hire foreign workers for specific needs that cannot be met by American workers. The visa is tied to the employer who sponsors it — if the visa holder quits or loses their job, they must leave the country or petition for another temporary work visa. Employers are responsible for the costs of return transportation for employees fired before the end of their authorized stay. People with an H-1B visa can reside in the US for an initial period of three years and renew their authorization for up to six years.
What does the recent suspension mean for the H-1B visa program?
President Trump issued an executive order in June 2020 suspending further admission of anyone entering the US with one of several nonimmigrant work visas —including the H-1B visa — through the end of the year, citing economic stress and unemployment facing Americans during the pandemic. Anyone with an H-1B visa already living and working in the US is unaffected, but those who had yet to arrive in the country will have to wait until at least next year to start work.
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:
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.
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 an H-1B Visa Status?
Once an immigrant attains an H-1B visa, they may hold the H-1B visa status for up to six years. This is then renewable every three years if approved by the United States Citizenship and Immigration Services (USCIS). An employer files a petition for the H-1B visa on the worker's behalf with the U.S. Department of Immigration.
What Are the Advantages of an H-1B Visa?
Compared to other visas, the H-1B visa is quick and easy to get for qualified workers. Once the petition is approved by the USCIS , you can legally work and live in the United States as a non-immigrant. H-1B status also allows you to travel freely both internationally and domestically without need for Advance Parole or an Employment Authorization Document (EAD). This travel must be within the valid dates of the visa.
How Much Does an H-1B Visa Cost?
Your employer pays for the H-1B petition. Costs vary based on the size of the company. The USCIS charges:
What does it mean when your visa fee is refunded?
Fee Will Be Refunded: This means your employer paid too much for the application. The amount is refunded to them after visa approval.
Do you need approval for an EB-1 petition?
You must gain approval of an EB-1, EB-2, or EB-3 petition.
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.
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