The registration process dates for an H1B visa are as follows:
- March 2 – Petitioners (employers) can start creating an H1B registrant account at noon US Eastern time.
- March 9 to March 25 – H1B registration period. ...
- March 31 – By this date, the USCIS will have notified the selected entrants.
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 H1b1 visa, processing time?
H-1B1 Visa Processing Time. Since the H-1B1 visa is not available for premium processing, it takes more time than the H-1B. Processing times vary from country to country, but in general it takes 4 to 6 months for the H-1B1 visa to be processed.
When is the H1B filing deadline?
The registration lottery will be held and notifications sent to employers no later than March 31. Employers will have 90 days beginning April 1 to file full H-1B visa petitions with supporting documents and filing fees.
What does it mean to be H-1B cap-exempt?
What Does It Mean to Be H-1B Cap-Exempt? To be cap-exempt for H-1B visa petition purposes means that an H-1B petition won't be subject to the H-1B cap and that the beneficiary can start working as soon as it is filed or approved.
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.
What is the eligibility for applying H1B visa?
Hold a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university. Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university.
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 H-1B processing take?
The H1B petition processing time, depending on the individual circumstances of each petition and whether additional evidence is requested, could take anywhere from two to six months. Where the premium processing option is taken, the process takes 15 calendar days.
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.
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 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.
How long is H1B visa valid?
The H-1B visa and status is initially valid for three years and can then be extended for another three years. At the expiration of the maximum period of stay, the foreign worker must either leave the U.S. or obtain a different immigration status (such as an F-1 student or O-1 "extraordinary ability" worker).
Is the H1B visa a lottery?
FY 2022 and FY 2023 H-1B Cap Registration: USCIS uses a lottery in any year when companies file more H-1B applications (or registrations) than the annual limit of 85,000 (65,000 plus a 20,000-exemption for advanced degree holders from U.S. universities).
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.
Who can sponsor H1B visa?
Anyone with a bachelor's degree (or higher degree) is eligible to apply for an H-1B visa. This visa will allow people from different countries to work in the U.S. for three to six years.
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 much does H1B visa cost?
H1B visa costs for employersH1B feeAmount (US $)Who pays?Registration Fee$10EmployerBasic visa filing fee (I-129 form)$460EmployerPublic Law 114-113 Fee$4000EmployerPremium Processing (optional)$2,500Employer or employee3 more rows
H-1B Visa 2020 Quota Categories
The H-1B quota is the maximum number of petitions accepted within that category. There are three main categories within the H-1B visa season as the infographic illustrates:
H-1B Visa Application Process Filing Fees Explained
H-1B visa application process fees are typically all paid by the employer who is sponsoring the foreign worker. Below is a breakdown of the standard filing costs:
H-1B Application Process Steps
Before you can submit an H-1B visa petition and carry out the H-1B visa application process you must first find a sponsoring company or employer. If you’re currently in the United States as a student on an F1 visa, you should check with your employer as to whether or not they can sponsor you on an H-1B visa.
H-1B Change of Status or Consular Processing
If the beneficiary is in the United States on another valid nonimmigrant visa, he or she may decide to obtain their H-1B by changing their status or by undergoing consular processing.
H-1B Visa If You Live Outside the U.S
If you are applying for an H-1B visa outside the U.S., the only option you have is consular processing. Once the I-129 form has been approved, you will need to submit a nonimmigrant visa application at a U.S, embassy or consulate in your home country. This process involves certain documentation and a physical interview at the embassy or consulate.
How Our Immigration Attorneys Can Help
The H-1B visa application process can be tedious and must be approached with care. It’s best to avoid any errors or pitfalls that could lead to a denial or delay of your petition. This is why you need the service of an expert H-1B immigration lawyer to help you obtain your H-1B.
How Does the H1B Visa Work?
For starters, individuals cannot file for or apply for this type of visa on their own. This must be done by U.S. companies that are sponsoring the people that they want to employ. The government only makes so many of these visas available each year, so they are limited in quantity, and to qualify, people must meet several criteria.
Who Pays for the Fees?
A common question involved in any visa case is how the filing fees and other costs are paid. It may even be a question of the petitioner as to who should pay for the legal representation. Since the employer is doing the legwork and requesting the visa, the financial responsibility is generally on their shoulders. After all, it is to their benefit that the individual is allowed to work in the U.S. so that they can retain them for their specialty skills.
What is an H1B lawyer?
An H1B visa lawyer in Los Angeles will be able to sit down with people and walk them through the process of applying for and obtaining that visa. They may also be able to advise on when someone should be looking for a different type of visa or immigration option if the H1B law doesn’t fit their exact needs or situation.
Is it easier to get a visa with an immigration lawyer?
With a better understanding of immigration law, the entire process can be easier and less uncertain for employees, employers, and everyone involved in the process. After all, the process is daunting enough without added stress. Those who have an experienced immigration lawyer that understands these visas and knows how to help secure the best chances of approval will enjoy a much easier, less stressful process in getting their visa situation settled.
Can a lawyer handle a visa case?
While some lawyers will claim that they can handle any case, there are some things best left to the experts. Immigration law is one of those areas, which is why you must hire a qualified lawyer that is experienced for the type of visa that you need. For example, you might need an L1 visa lawyer in Los Angeles or someone familiar with TN visa law in Los Angeles. If so, feel free to ask specifically what kind of experience the firm has and how many cases they’ve handled, as well as the outcomes.
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.
What is an H-1B visa?
Canadian citizens seeking temporary work in a “specialty occupation” that requires the skills of a professional may be eligible for an H-1B visa.
How do I apply for an H-1B visa?
An H-1B application can only be filed the employer. USCIS begins accepting H-1B petitions on April 1st of every fiscal year. The employer is the petitioner and the employee is the beneficiary.
H-1B lottery
There is an annual of 65,000 H-1B visas available for applicants with bachelor’s degree. An additional 20,000 H-1B visas are made available for applicant’s with a U.S. Master’s degree.
H-1B validity period
The H-1B visa is valid for up to three years, and it can be renewed for another three years for a total of six years. After six years, you have to leave the United States for a period of one year before you can re-apply for a new H-1B.
Dual intent under H-1B status
The H-1B allows for “dual intent,” which means that you can be sponsored for permanent residency while on the visa through an employment-based green card, family-based green card or marriage-based green card. This is important because some work visas, such as the TN visa, does not allow for dual intent.
H-1B visa versus TN visa
Canadians have the benefit of being able to choose between an H-1B visa and a TN visa. The question is, which one is better? The answer is that it depends on many things.
H-1B Advantages
More occupations and professions are available under an H-1B visa than the TN visa. There is a specific list of TN occupations. If you don’t fall under a TN profession, you won’t qualify for a TN visa
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….
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.
Is the masters cap conducted first?
Additionally, the lottery is broken down into two stages. In previous years, the master’s cap was conducted first and those eligible for the master’s cap that were not selected were then entered into the regular cap. Now, as of the 2020 filing season, the order has been reversed. So now the regular cap is conducted first, which includes all petitions eligible for the master’s cap. Then, all unselected master’s petitions will be entered into the master’s cap. This is projected to increase the chances for master’s degree holders to be selected.
How many statutory bases are there for J-1 waiver?
There are five statutory bases from which you can apply for a J-1 waiver. These include:
Can a J-2 visa be used without an I-140?
On the other hand, J-2 visa holders (dependents of J-1 holders) can usually seek employment authorization without having to have an I-140 filed.
Can I get an extension for an H-1B visa?
Moreover, if an individual with an H-1B visa also has a Labor Certification or a pending I-140 for a year or more, ISSS may request extensions (yearly) until their status is adjusted to Permanent Resident.
Can dependents work with H-4?
While the H-1B allows dependents to work in the U.S. through their H-4 status, this is not granted automatically. An H-4 holder will need to apply for Employment Authorization Documents, which is only granted if the principle H-1B holder has an approved I-140 petition for a green card filed with the USCIS.
How much is the visa fee for each machine readable visa?
There will be a visa fee of at least $190 for each machine-readable visa issued. A reciprocity fee may also be required. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. It is therefore difficult to predict how long the wait will be for each visa issuance. You can check visa-waiting times here, and you can check consular procedures here.
How to check I-94 card?
Customs and Border Protection (CBP) has implemented an electronic I-94 system. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. Please also be sure to email us a copy of the I-94 printout for your file. If there is an error, check here for instructions on how to fix an I-94 card within the U.S.
What happens during a visa appointment?
During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States.
How long does it take to get a visa stamp?
Typical administrative delays are 2-4 weeks, but some are much longer. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be.
How many days before I-797 approval date can I work?
You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice.
What should an applicant be prepared to provide to the consular officer about the position?
Applicants should be prepared to provide a succinct “elevator pitch” explanation to the consular officer about the position. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer.
What is the PIMs database?
consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Department’ Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals.
