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. ...
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. ...
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.
How much does the H1B 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.
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.
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 long is a 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 minimum H-1B salary?
The H-1B nonimmigrant, whether full-time or part-time, must actually receive hourly wages or an annual salary totaling at least $60,000 in the calendar year. The salary must be paid “cash in hand” and “free and clear.” It must also be paid when due.
Is H1B 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 H1B 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 can I go from H-1B 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 many times can you get H1B 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 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.
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.
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
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 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.
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 m…
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 …
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…
Fraud
The United States Citizenship and Immigration Services "H-1B Benefit Fraud & Compliance Assessment" of September 2008 concluded 21% of H-1B visas granted originate from fraudulent applications or applications with technical violations. Fraud was defined as a willful misrepresentation, falsification, or omission of a material fact. Technical violations, errors, omissions, and failures to comply that are not within the fraud definition were included in the 21…