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 job requirements for a H1-B visa?
What are the requirements for the H1B visa? You must have a job offer from a US company. ... There must be a valid employer-employee relationship. ... There must not be any labor disputes at the workplace. ... The job must be considered a specialty occupation position. ... The job must require a bachelor's or higher degree (or equivalent). ... You must have paid all outstanding fees. ... More items...
What are the limits of H1-B visa?
Under U.S. law, a foreign worker with an H-1B visa can stay in the U.S. for a maximum of six years (plus extensions in certain circumstances, discussed below). The H-1B visa and status is initially valid for three years and can then be extended for another three years.
What is the process for applying to H1B?
- Find a job that meets the definition of speciality occupation and have a degree in that field.
- Get hired.
- Your employer will file an Labor Condition Application.
- Wait 7 days for the LCA to be certified.
- Employer files the I-129. ...
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 does H1B visa work?
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 type of visa is H-1B?
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.
What is the minimum salary to get H1B visa?
$60,000For the $60,000 wage to be determined, the nonimmigrant has to receive an annual salary or hourly wages that in total make at least $60,000, whether the worker has a full-time or part-time job. At the same time, the salary has to be paid “cash in hand” and “free and clear”, as well as paid when due.
How many years we can stay in US on H1B visa?
six yearsUnder U.S. law, a foreign worker with an H-1B visa can stay in the U.S. for a maximum of six years (plus extensions in certain circumstances, discussed below). The H-1B visa and status is initially valid for three years and can then be extended for another three years.
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.
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 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.
Can I apply for H-1B 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.
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.
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.
How many times can I apply for H-1B?
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.
Does H-1B lead to green card?
Most temporary US visas do not offer a path to US permanent residence. The H1B visa, however, is 'dual intent', which means holders can become eligible to apply for a Green Card once they reach the maximum stay of six years.
How can H-1B stay in US after 6 years?
Once H1B holders reach that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery.
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.
Can I stay in India for 3 months on H-1B?
Working from India on US payroll is not allowed unless you have some US work visas like H1B or L1 and for a short duration of 1 to 5 months. Many people who exhaust their H1B 6-year quota leave the USA. They wait outside the USA for their H1B extension result and work remotely as an IT worker from their country.
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 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.
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.
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:
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 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 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 STEM visa?
Employers have much to gain from as well. This visa, which caters to people with educational backgrounds in science, technology, engineering, and mathematics (or STEM for short), allows the best of the world’s professionals to enter the U.S. and work for your company.
Is an E-2 visa better than a work visa?
For example, if you are an entrepreneur that has significant capital but does not have a bachelor’s degree, the E-2 visa may be a better fit for your case. Speak with your immigration attorney to learn your options.
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 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
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 …
Notes
1. ^ "Worldwide NIV Workload by Visa Category FY 2019" (PDF). United States Department of State. Retrieved 22 June 2020.
2. ^ "8 U.S. Code § 1184 - Admission of non immigrants". LII / Legal Information Institute.
3. ^ "8 U.S. Code § 1184 - Admission of non-immigrants". LII / Legal Information Institute.
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…