When should I start applying for H-1B?
For employers who are subject to the cap (and because the cap may be reached early every year), it is best to submit the H-1B application in April for the start of the new fiscal year on October 1 when the new batch of 65,000 H-1B visas become available.
What is the last date for H-1B Form 2022?
All H-1B registrations must be submitted after 12 p.m. EST on March 1, 2022, and before 12 p.m. EST on March 18, 2022. If you submit your petition outside this window, USCIS will issue a denial. Employers can submit only one registration per sponsor for each beneficiary.
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.
What is the H1B visa process for 2022?
Within 90 days of being selected, the selected registrants' employers will then file their petitions with the USCIS for processing along with the appropriate filing fees and supporting documents. If the petition is approved, the H-1B visa will be issued, and the beneficiary's start date will be October 1st, 2022.
When can I apply for H1B visa 2023?
On March 1, 2023, USCIS will begin accepting registrations of H1B petitions subject to the Fiscal Year 2023 cap. Beneficiaries of successful FY 2023 H1B petitions will be eligible to start working in the U.S. on October 1, 2022.
How long does H1B processing take?
3 months to 1 yearH1B regular application processing time is 3 months to 1 year for approvals. It keeps changing based on current affairs and circumstances. During COVID-19 closures, USCIS did approve many regular H1B applications within 2 weeks.
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 IT difficult 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.
How long is H-1B valid?
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 can I increase my chances of H1B visa?
4 Tips to Increase Your Chances at an H1B VisaGet your application in as quickly as possible. The USCIS accepts applications in April and, believe us, they come in thick and fast. ... Only apply once. ... Don't pay your own fee. ... Make sure your employer is a “good” one.
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.
Is H1B visa a lottery?
Cap-subject H-1B visa petitions have to be filed in the first five days of April to compete for the 65,000 available visas. Once USCIS fills the 65,000 cap-subject slots, another 20,000 visa petitions are selected in a lottery designated for the graduates of U.S. universities with master's degrees or higher.
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.
Who can apply for H1B visa from India?
To obtain the H1-B Visa, you must: Have 12 years of work experience. It can also be a mix of further education and work experience. Applicant must hold a bachelor's degree or its equivalent.
What types of workers typically get the H1B visa?
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.
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.
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:
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:
How Long Do I Have to Wait for Processing?
The H1B visa processing time depends from country to country. US Embassies in different countries/cities have various processing times, so it is best to contact them for any details.
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:
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.
How do I submit my H1B Visa?
The H1B Visa application process is electronic as it works with an online process created by the USCIS . However, the Petition Filing Process is very important and to complete it you must follow these steps:
How does applying with iVisa.com work?
iVisa.com is ready to help with your visa and travel document needs. We know applying for a visa can be complicated, and that’s why our full service includes the following once it is launched:
What is an H1B visa?
The H1B Visa is a US visa designed for “specialty occupation”, which means the holder of this document is well-prepared in a position that requires exclusive knowledge or skill.
How long does it take to get an H1B visa?
The selection process can take from four to six months, and it depends on many aspects, including if the petitioner can continue with the selection process or not.
How much does it cost to get an H1B visa?
Firstly, the initial registration fee is USD10,00, which is required to enter an H1B lottery. Be aware that all H-1B visa applications are subject to a lottery system, meaning that, even if you qualify for all the requirements, you might not be awarded your visa if you don’t win the lottery.
What is the minimum requirement for a specialty visa?
In general, the basic requirement is that the applicant has a university degree or an equivalent (for example, 3 years of work experience), and there might be other requirements needed, including highly specialized knowledge or ability.
Is there an online registration for H1B visa?
In 2020, the USCIS launched an online registration process to get the H1B Visa (H-1B cap). This method has reduced paperwork and data exchange, and it has also made the application process a lot easier for applicants.
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 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:
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.
How far in advance can I apply for an H1B visa?
Answer: You can apply for an H1B visa up to 90 days in advance beginning of employment status as noted on the form I-797, Notice of Action, however your entry to the US is restricted to 10 days prior to the start date as noted in the Form I-797 unless you are already working on an H1B visa for the same employer.
When can I enter the US on an I-797?
You can enter US only 10 days before the start date on your I-797 petition. i.e., say if your start date is October 1 st, you can only enter US on or after September 20 th on H1B visa. You can read the above VFS Agency FAQ, also below….
What is an H1B visa?
The H1B visa requires that the employer is authorized to employ foreign nationals through the H1B route. This authorisation takes the form of a Labour Condition Application, submitted to and granted by the US Department of Labour.
What is the purpose of Perm certification?
The purpose of the PERM Labour Certification is to ensure that the employer will pay a wage deemed to be appropriate to the job, with no detriment to other workers in similar jobs or to the employee. Information must be provided on the job (duties involved, requirements and location). The DOL will then issue a prevailing wage determination. This will form the base salary requirement for the job.
What is the form 9089?
Once the employer can provide evidence that there are no US workers available to take the job, they file the Application for Employment Certification ETA form 9089.
What is priority date for USCIS?
Your priority date is the date that USCIS receive the I-140 form. You must wait until your priority date before you can take the next step, which is to apply for Adjustment of Status.
What is a skilled worker?
Skilled worker with a minimum of 2 years training or work experience. Professional (a member of a profession) with a US bachelor’s degree or foreign equivalent. Unskilled worker who is capable of performing unskilled labour that requires less than 2 years training or experience.
What are criminal acts and violations?
Criminal acts and violations. Security and related information (e.g. whether you have ever been involved in espionage or terrorism) Details of any public assistance you have received from the US Government or are likely to need in the future. Immigration violation s.
What is an EB2?
Multi-national executive or manager who meets certain criteria. Second preference immigrant worker (EB2) – one or more of the following must apply: Member of a profession that requires an advanced degree. Exceptional ability in the sciences, the arts or business. Seeking a national interest waiver.
When Does My H-1B Status Expire?
You can determine the date when your H-1B status expires by looking at the date listed on your I-94 Arrival/Departure Record. You should have received an I-94 card from the port of entry officer who performed the inspection upon entrance to the U.S. (before April 2013).
How to file an I-140 for an alien worker?
Once the PERM has been approved, your employer must then file an I-140 Immigration Petition for Alien Worker. In the Form I-140, your employer must prove they are in good financial shape, as that is needed to demonstrate their ability to pay the salary for the job position. The form must be submitted with the approved PERM labor certification, and a filing fee. If your petition is approved, then the USCIS will send you an Approval Notice. This indicates that you can move to the next stage of your green card application process. Keep in mind that an approved I-140 doesn’t mean your status has been adjusted from nonimmigrant to immigrant. You will need to wait until the end of the 5th step, which is I-485 petition approval
What is the most popular visa in the US?
The H-1B visa is the most popular U.S. visa due to its numerous benefits, especially the opportunity to apply for a green card application. One of the most common terms related to the H-1B visa is “dual intent” which refers to certain temporary visa classifications with the option of green card application. Not all temporary/nonimmigrant visas have these options.
What is the purpose of submitting an I-485?
By submitting an I-485 you’re essentially asking USCIS to adjust your status from H-1B to green card (lawful permanent resident) status.
How long does it take to get a DOL?
On average, the DOL process takes about 6 months, and the USCIS process also takes several months.
How long does it take to get a Perm certification?
The PERM Labor Certification can take anywhere from six months without an audit to over eighteen months with an audit.
Where is the expiration date on H-1B?
If you entered the U.S. and then changed your status to H-1B, the expiration date should be at the bottom of the USCIS approval document. Individuals can consult the Customs and Border Protection database for an electronic copy of their I-94.
How Can I Apply for an H-1B Visa?
The H-1B visa is a work visa that requires a U.S. employer to act as a sponsor. In other words, an applicant must already have a job offer from a U.S. employer willing to sponsor a visa application. The employer is responsible for starting the application process.
Common Questions Regarding H-1B Visas
If an H-1B visa is authorized, the applicant must visit a U.S. embassy or consulate in their home country and complete the application. This process takes two to three days to complete.
Common Reasons For H-1B Visa Denial
Denials occur because the USCIS believes the applicant does not meet the conditions of the H-1B visa program. This means the most common reasons for denial of an H-1B visa occur because the applicant does not demonstrate that they are a highly skilled worker with appropriate academic qualifications.
Speak With An Experienced Fairfax Immigration Attorney
Applicants who have seen their H-1B visa applications rejected may need to change their status to continue residing in the U.S. or may need to find alternate means of entering the U.S. If you find yourself in this scenario, it is important to consult an experienced immigration attorney.
What Documents are Required for a Change of Status?
Changing status from H4 to H1B can be complex, and requires that you submit all of the documentation required for an H1B visa application (find a full list here ). In addition, you must submit the following documents:
What is an H4 visa?
H4 visa status allows the immediate family members of H1B visa holders legal residence in the United States. However, the work authorization status of H4 visa holders is very much up in the air with the immigration policies of the Trump administration.
When did H4 work authorizations come into effect?
The Employment Authorization for Certain H4 Dependent Spouses law, passed in May 2015, granted work authorization to many H4 visa holders. H4 visa holders could qualify for an Employment Authorization Document (EAD) if they had been approved for an I-140 (a petition for a Green Card or permanent residency), or if their spouse had held H1B visa status for over 6 years.
Is it harder to get an H1B visa than an H4 visa?
However, obtaining an H1B visa is much more difficult than an H4 for most applicants . It requires substantive credentials, professional experience, and a dedicated sponsor. So any H4 visa holder who has a job opportunity with a cap exempted institution or has previously won the H1B lottery should seriously consider transferring to H1B status.
Can H4 visa holders apply for H1B visa?
H4 visa holders who applied for an H1B visa in the past and were selected in the H1B visa lottery. This exempts the applicant from the H1B visa cap.
Is H4 to H1B the same as I-539?
The application process for an H4 to H1B change of status is nearly identical to applying for an H1B, with the only difference being the I-539 Form that denotes a change of nonimmigrant status. The employer sponsoring the H4 visa holder’s H1B application is responsible for supplying most of the documentation for the application process. In addition to an I-129, the employer must submit:
Can non-citizens insulate themselves?
Noncitizens in America must insulate themselves as much as possible from the current political climate. Transitioning to an H1B visa is one of the most prudent moves an H4 visa holder can make since it will give them a more secure status for their work authorization.
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