- Make sure you qualify for the H1B visa.
- Find a petitioner by applying for a job opening in the United States.
- Have the petitioning initiated by your employer.
- Apply for the H1B visa at the nearest US Embassy/Consulate in your home country. Have a Labor Condition Application (LCA). File a petition with USCIS. Fill in form I-129. ...
Full Answer
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 are the new H1B rules?
- This rule is likely to be “stayed” by the Biden administration, Congress, or the courts
- The rule will increase required wages for H-1B, H-1B1, E-3 and Green Card applications filed through employment
- The increase in wages will not affect the H-1B lottery this year (March 2021) if the LCA process is completed before July 1, 2021
What is I 129 for H1B?
I-129 is a petition copy which was filed with USCIS for H1B. You do not need to carry I-129. The consular has access on PIMS. They have all information what they need. Technically, you only need to carry I-797A and Passport for stamping, however, ...
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.
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.
Can I change my status on my I-129?
Change of Status: Once the I-129 is approved, the USCIS will update your I-94 record to indicate your new visa class to H-1B status. With this, you can take up your new job position as an H-1B visa holder. This is only available to those that are already under a valid nonimmigrant status such as O-1, J-1, or L-1 status.
What is a registered account?
Registrant account – This is the account that a prospective petitioner must create in order participate in the H-1B registration process, regardless of whether the prospective petitioner will be using an attorney or accredited representative to submit the registration.
How many registrations can a prospective petitioner have?
A prospective petitioner may only have one registration submitted per beneficiary per fiscal year. Once the initial registration period has closed, if the prospective petitioner has more than one registration submitted for the same beneficiary, we will remove all registrations submitted for that beneficiary by that prospective petitioner from the selection process. This does not prevent other prospective petitioners or their representatives from submitting registrations for that same beneficiary, but they too need to ensure that each prospective petitioner only has one registration submitted for the beneficiary.
Why is my petition not being rejected?
A: Petitions will not be rejected solely because the petitioner’s address on the registration and the petition are not the same. However, in such situations, petitioners should include a statement with their petition, with supporting documentation, explaining why the address on the registration differs from the address on the petition. If USCIS is not able to determine that the petitioning entity is the same as the prospective petitioner identified on the selected registration, the petition may be rejected or denied.
What is an online USCIS account?
There are three types of USCIS online accounts: Applicant/petitioner/requestor account – Individuals use this type of account to prepare and file applications, petitions or other benefit requests. You cannot use this account type to prepare or submit H-1B registrations.
How does electronic registration help employers?
The electronic registration process has streamlined processing by reducing paperwork and data exchange, and has provided overall cost savings to employers seeking to file H-1B cap-subject petitions.
Can a representative and a registrant register the same beneficiary?
A: The system will not prevent a representative and a registrant from both registering the same beneficiary. The representative and the registrant are responsible for ensuring that duplicate registrations are not submitted.
Can you appeal a duplicate registration?
A: Registrations that are determined to be duplicates will be invalid. A registrant who submits duplicate registrations will not be able to appeal the invalidation.
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:
What is the H1B visa?
By this visa, companies can hire people who have a university degree for certain professions. Due to this, it is also known as a Person in Specialty Occupation Visa. Therefore, if the applicant has the following characteristics, he/she can apply for this visa:
What are the H1B visa requirements?
This job position requires a specialist who has a university degree or has taken specialized courses in a particular field. Expert people are people with special skills that not many people can do their tasks successfully. Specialists in information technology, physicians, lawyers, accountants, architects, and professors are some of the experts who are eligible to receive the H1B visa.
Can your dependents come to the United States under this visa?
Most H1B visa holders want to bring their children and spouse to the US. Their Spouse and children can petition for an H4 visa. Since 2015, H4 visa holders can work under the H 4 EAD program in specific conditions. Besides, they are also permitted to enroll in studies. Children under 21 years can also go to the US through an H4 visa.
How to renew the H1B visa?
The same costs must be paid except for the Fraud Prevention and Protection Fee. The employer must go through the previous steps to obtain approval from the United States Department of Labor and the USCIS. The documents required to renew an H1B visa are:
How to access healthcare under this visa?
The type of insurance that an H1B visa holder can choose depends on the length of your stay in the US. The types of insurance that the visa holder can choose are:
How long is a H1B visa valid?
Initially, this visa is valid for three years. It can then be extended for another three years. So in most cases, you can use this visa to stay and work in the US for six years. This visa is a dual visa, meaning that the holder can apply to change the H1B visa status to an immigrant visa. So if you are qualified and have an appropriate job offer, you can apply for an Employment-Based Green Card.
How much does it cost to get an H1B visa?
If you make this appointment earlier, it will be better for you. The application fee for H visa categories is about $ 190. The cost of issuing the visa will depend on the embassy. In this case, you should seek guidance from the embassy where you are applying from.
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.
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.
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