what is h 1b visa program

• The H-1B visa. The H-1B visa, which was first established as part of the Immigration Act of 1990, was specifically intended to attract high-skilled talent to fill specialty professions in ...
• Controversy. The ability for employers to use the visa program's loophole to replace U.S. ...
• Proposed solutions. ...

Full Answer

How can I apply for H1B visa?

• For a worker to qualify for H-1B classification, his employer must submit Form I-129 to USCIS on his behalf.
• Once Form I-129 is approved, a worker who is already in the U.S. ...
• To apply for an H-1B visa, a worker abroad must request a visa interview at a U.S. ...
• Workers who are already present in the U.S. ...

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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 is the process of H1B visa?

In addition to the employers, employees or H1B applicants also have to complete these steps:

• Fill in Form DS-160. The DS-160 is the most important part of the application. ...
• Schedule an interview. Try to schedule the interview as early as possible. ...
• Pay the H1B visa fees. The application fee is $190.
• Submit required documents for H1B Visa.
• Attend the H1B interview. ...

What are the rules for H1B visa?

H1B Visa Rules. In order for a non-U.S. citizen to work for a U.S. company, the employer must sponsor the skilled worker as well as offer a job and petition for the H1B visa with the U.S. Citizenship and Immigration Services. The approved petition becomes a work permit that allows the worker to get a visa stamp and work in the U.S. for that ...

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.

How long does an H1B visa last?

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.

What is H1B visa salary?

between $38,000 and $51,000 per yearThe H1B level 1 salary is the lowest wage a foreign worker can pay while working in the United States under the H1B visa program. The salary of this level is valued at between $38,000 and $51,000 per year.

Is it hard to get H1B visa?

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 H1B 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 H1B 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 long does it take to get H1B 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.

What type of company can sponsor H-1B?

Any US employer can sponsor an H-1B petition, provided it has an IRS Tax Number, also known as an IRS Number or Tax ID Number. This number is needed for obtaining approval of the Labor Condition Application (LCA), which is an essential preliminary to the H-1B petition itself.

Can I apply for H1B visa by myself?

If I would like to work in the US, can I apply for an H-1B visa by myself? No, this is not possible. To apply for this visa, you must have a job offer from a U.S. company or organization.

Who can sponsor me in USA?

Who You Can Help ImmigrateWho Can Sponsor WhoWho You AreImmigrants You Can PetitionU.S. citizen (at least age 18, for financial sponsorship purposes)Minor, unmarried childrenU.S. citizenMarried children or adult childrenU.S. citizen age 21 or olderBrothers and sisters4 more rows

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.

Can you get H1B visa without degree?

Evidence of Certification from a Reputable Association You can also qualify for an H-1B without a degree by presenting proof of registration or certification from a nationally-recognized professional organization in your field.

Can H-1B be renewed after 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 long can you stay in US on H-1B 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.

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.

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.

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.

What are the H-1B visa eligibility requirements?

The H1-B visa is for those who meet specific criteria based on their employment and educational background.

What is the H-1B visa cap?

There is an annual cap on the number of H-1B workers USCIS may accept. So, USCIS must select you to apply for this visa. USCIS offers 65,000 new H-1B visas to foreign workers each fiscal year. Those who hold Master’s degrees from U.S. institutions are favored: USCIS issues an additional 20,000 H-1B visas to those with Master’s degrees or higher. In total, the H-1B cap is 85,000 visas annually.

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.

How long does it take for an I-907 to be processed?

U.S. Citizenship and Immigration Services guarantees processing of applications and petitions within 15 calendar days. U.S. Citizenship and Immigration Services will send an approval notice, a denial notice, a notice of intent to deny, a request for additional evidence, or open an investigation for fraud or misrepresentation within 15 calendar days of receiving Form I-907: Request for Premium Processing Service. If the 15-calendar-day window is not satisfied, then the Premium Processing Fee will be refunded.

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.

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.

Qualifications for an H-1B Visa

The primary requirement for approval of an H-1B visa is the foreign worker must have special skills and training in a specialty occupation. Their training and knowledge would include a bachelor’s degree (or the foreign equivalent) at minimum.

Registration Process for H-1B Visas

A new application process went into effect in 2020 for H-1B visas issued for 2021. For the past several years, demand for new visas has far exceeded the number of annual visas available.

Finalizing the H-1B Visa Process

After employers complete all the necessary steps and receive approval of their H-1B visa applications, they can then notify approved workers outside the U.S. to apply in their home countries. To do so, they go to the U.S. embassy or consulate to complete the required documentation for the U.S. Department of State. Next, they apply to U.S.

Protections for American Workers

Specific legal restrictions protect equally trained American workers from losing opportunities due to H-1B visas.

Protections for Foreign H-1B Visa Holders

Legal requirements must also be met to protect the rights of those who are granted H-1B work visas. Before employees begin working, employers must negotiate competitive wages that align with either the amount each employer is already paying similar employees or the amount that is the industry standard for the area.

Concerns Regarding H-1B Visas

Many people immediately wonder if the H-1B visa process is costing Americans good jobs. Although some companies have broken the rules at times, it would be uncommon for companies to seek out foreign employees for jobs that could be easily filled by Americans.

Future of H-1B Visas in the U.S

In the technology segment of STEM, those in “ computer-related occupations ” made up 65% of H-1B visas in 2019, with companies like Google, Amazon and Apple submitting thousands of applications. Of the more than 388,000 H-1B visa holders in 2019, approximately 72% were from India and about 13% were from China.

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 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:

Specialty Occupation (H-1B)

The H-1B specialty occupation visa is sort of like the “parent” visa to the other two categories of H-1B visas (H-1B2 and H-1B3). In order to be eligible for an H-1B (specialty occupation) visa, the following general requirements must be met:

Department of Defense (DOD) Researcher and Development Project Worker (H-1B2)

The H-1B2 (DOD) visa is extremely specialized and thus represents a tiny portion of the H-1B visas. A potential H-1B2 worker will have to have some type of very specialized skill to be used in regard to a specific Department of Defense project.

Fashion Model (H-1B3)

As with the H-1B2 (DOD) visa, the H-1B3—fashion model—visa is obviously extremely specialized. USCIS states: “The position/services must require a fashion model of prominence.

H-1B Cap Season

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 USCIS Determines if an H-1B Petition Is Subject to the Cap

We use the information provided during the electronic registration process to help us determine if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas (commonly known as the “regular cap”) or the advanced degree exemption.

When to File an H-1B Cap-Subject Petition

H-1B cap-subject petitions, including those eligible for the advanced degree exemption, may not be filed unless based on a valid and selected registration for the beneficiary named in the petition.

How to Ensure You Properly File Your H-1B Cap-Subject Petition

Complete all required sections of Form I-129, Petition for a Nonimmigrant Worker, including the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement in accordance with the regulations and form instructions.

Additional Documents Required with Your Petition

When filing your H-1B petition with USCIS, you must include evidence that an LCA (ETA 9035) has been certified by the U.S. Department of Labor. This may include a copy of the signed, certified LCA. Note: USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and to plan accordingly.

Multiple or Duplicative Filings

Petitioners may not file multiple or duplicative H-1B petitions for the same beneficiary. To ensure fair and orderly distribution of available H-1B visas, we will deny or revoke multiple or duplicative petitions filed by an employer (including its related entities) for the same H-1B worker and will not refund the filing fees.

Where to Mail Your H-1B Petition

You must file your petition with the correct service center, as indicated on your Registration Selection Notice. We have specific mailing addresses for cases that are subject to the H-1B cap.

Key News

The Department of Labor Appropriations Act, 2016, Division H, Title I of Public Law 114-113 ("2016 DOL Appropriations Act"), provides that the Department of Labor ("Department") may not use any funds to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any reference thereto.

Civil Money Penalty Inflation Adjustments

Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. Below is a table that reflects the adjustments that have occurred for penalties under this statute. For more information on the penalty adjustments, go here.

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 …

See more on dol.gov

General Guidance

Forms

Disqualified and Willful Violator Employers

Nonimmigrant Worker Related Agency Links

Overview

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

History

Protections for U.S. workers

Impact

Criticisms of the program

Fraud