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.
How long are H-1B visas 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.
How does H-1B visa work?
An employer can accept a non-immigrant by hiring them for an H-1B visa to work in the United States. The worker must have at least a bachelor's degree (or the equivalent in their country) and the position they are applying for must involve the use of specialist skills.
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 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 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...
Can H1B 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.
Can I apply for green card after H1B?
Yes, all H1B visa applicants are eligible to apply for a green card after their H1B expires, because the visa is dual-intent. If a permit is of dual-intent, that means that you have the option to submit paperwork for a green card.
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.
How do I check the results of the H1B lottery?
To see if you are eligible to file for a H-1B visa, you can check your USCIS online account. The account will show the status of your application.
Can I expedite my H-1B visa?
Yes, premium processing is available for the H1B visa. To request premium processing, you will need to submit Form I-907, Request for Premium Proce...
Can I travel outside the U.S. on the H1B visa?
Having a valid visa allows you to go to a U.S. port of entry and request entry to the U.S.. If you leave the U.S. for travel and return, as long as...
Can I extend my H-1B visa?
Your H1B visa is generally valid for three years, and can usually be extended for up to six years. To do this, your employer will need to complete...
Can I transition from the H-1B visa to a green card?
The H-1B visa is a dual-intent visa, which means that yes, you can apply for a green card. Find out more about how Boundless can help you through t...
Who can sponsor the H-1B visa?
Any U.S.-based employer can sponsor the H-1B visa and register to file a petition on your behalf.
Can I apply for a H-1B visa if I don’t have a job first?
Because the H-1B visa is an employment-based visa and you will need your employer to file certain forms for you, you will need a job offer before y...
Will my family be able to come with me, if I hold an H-1B visa?
Yes, your spouse and any unmarried children under the age of 21 may be able to accompany you on H-4 visas.
Can my spouse work if I have an H1B visa?
If your spouse holds an H-4 visa, they may be able to apply for employment authorization if you, the H-1B visa holder, is on track to get a green c...
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.
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.
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.
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 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:
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.
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 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.
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.
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…