- Extraordinary ability in the sciences, the arts, education, athletics or business
- Outstanding researcher or professor
- Multi-national executive or manager who meets certain criteria
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.
Can I work 2 jobs on a single H1B visa?
Under that Visa, you typically can only work for 1 employer. Outside employment is pretty much prohibited. If you file a second H1B application and your second employer pays for the filing fees, and goes through all of the paperwork to get that second H1B Visa, then you can indeed work for 2 separate employers.
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 H 1B visa status?
What Is an H-1B Visa Status? An H-1B visa allows a foreign national to work temporarily in the United States. 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).
What is the eligibility for applying H-1B 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.
Can I apply for H-1B visa on my own?
If I would like to work in the US, can I apply for an H-1B visa by myself? No, this is not possible. To apply for this visa, you must have a job offer from a U.S. company or organization.
When can I apply for H-1B visa?
In general, you can only file for H1B visa 6 months before the start date of your actual work. As USCIS fiscal year is from October 1 to September 30th of next year, 6 months before the Oct 1st is April 1st.
What is the minimum salary for H-1B 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 long is H-1B visa valid?
Typically, the initial duration of an H-1B visa classification is three years, which may be extended for a maximum of six years. Before an employer can file a petition with USCIS, the employer must take steps to ensure that hiring the foreign worker will not harm U.S. workers.
How much is US H-1B visa fee?
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
How much can H-1B save in USA?
As you can see, you can save anywhere from close to $1000 USD for lower salary and about $4,100 if you make higher salary.
How can I get H-1B visa without sponsorship?
One of the questions we receive the most during this time of year is, “Can I apply for an H-1B visa without a sponsor?” The short answer is no. The reason is that an H-1B visa petition always requires an American company, called a Petitioner, to file the visa.
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?
Since H1B applications are accepted only once a year during the application window, it is important that all steps are followed correctly to avoid issues. In this article, we look specifically at the H-1B visa lottery and its role in the wider visa application process.
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).
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.
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.
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.
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.
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 H-1B is a "specialty occupation" US visa, which means the holder is employed in a position that requires specialized skills or knowledge. One of the H1B visa requirements is the jobs that suit the H1B visa typically need a university degree or equivalent (which can mean 3 years' work experience for each year that would normally be spent ...
How Can I Get an H-1B Visa Without a Degree?
A common question we are asked is, “Do I need an education evaluation to ...
How many registrations can a sponsor submit?
Each sponsor may only submit one registration per beneficiary. If a single sponsor registers the same beneficiary more than once, then USCIS will " remove all registrations submitted for that beneficiary by that prospective petitioner from the selection process."
What degree do you need to be a beneficiary?
The beneficiary must meet a minimum of one of the following prerequisites: Have completed a bachelors degree (or higher) in the field of their specialty occupation from an accredited university. Hold a foreign degree which is equivalent to a bachelors degree or higher in the field of the specialty occupation.
How much does it cost to register a business with USCIS?
We register our corporate clients free of charge; only pay the $10 registration fee to USCIS.
What is required for work authorization?
This type of work authorization requires that you have all necessary documents related to the job. The documents need to show that the prevailing wage is being met, the position is a specialty occupation, and the assigned work covers the duration of the visa.
Where do I create an account for a petitioning company?
Each petitioning company will need to create an account at my.uscis.gov. The individual creating this account should be the person that will sign your I-129 and G-28 forms. Selecting the correct account type is critical to success .
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 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 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.
Can an H1B visa be used for permanent residency?
For an H1B visa holder who meets all the eligibility criteria to apply for US permanent residency, the process includes a number of steps to be taken by both you and your sponsoring employer.
Is H1B visa easy to get?
The H1B visa route to US permanent residency is not always straightforward. It is crucial to ensure you work to the correct timescales and ensure eligibility and that your application documentation is comprehensive and compliant
What degree do you need to get an H1B visa?
One of the hallmarks of the H1B visa program is that it is designed for “specialty occupations”, meaning that performing the job requires at least a bachelor’s degree. There are limits each year on the number of H1Bs issued to foreign nationals.
How many H1B visas are there?
No. The annual quota of 65,000 visas if for all occupations, and there are no industry specific limits, although a majority of H1Bs are working in the IT industry. There are exemptions to the quota for those applicants working in education or research, but there are no limits on the annual number of H1B cap-exempt visas.
Why is there a H1B quota?
The H1B quota system is meant to prevent abuse of the H1B program, and preserve job opportunities for skilled US workers. Another requirement is that the degree program must match the job being sought under and H1B visa, so a worker cannot apply for an IT job if they have a degree in chemistry.
Can I get an H1B visa if I don't have a bachelors degree?
If I don’t have a bachelor’s degree but the position is technical, is it still possible to obtain an H1B visa? Yes, in some cases. If the employer-sponsor can demonstrate that the position requires a level of education or training equal to a bachelor’s degree, then it may qualify.
Who files H1B petition?
The H1B visa petition is filed by your prospective employer, and the process is the same regardless of the occupation. If you find another position with a new employer-sponsor then a new (transfer) petition must be filed, whether the job is in the same field or not.
Can a spouse of a H1B visa have a green card?
Spouses of H1B visa holders that have H-4 visas are permitted to seek employment as long as they are in the process of applying for a green card (permanent residency).
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 to find companies that have sponsored H1B visas?
You can do this by searching “H1B visa sponsors database” or “companies that sponsor H1 B visas.” Then, change the wording slightly to obtain lists of company names that have sponsored H1B visas in the past.
When do you have to tell a company you want to be in the H1B visa sponsorship?
Once you get a job offer, you have to tell the company that you want to be in the H1B visa sponsorship petition in 2021. This lets the company know that they have to act fast to get everything ready for April.
What companies sponsor H1B?
There are many, many companies in the U.S. that off H1B sponsorship. These companies exist in all fields and offer some of the best employment opportunities for H1B visa holders in the U.S. Some of the largest, most lucrative companies offering H1B sponsorship include: 1 Amazon 2 Google 3 Microsoft 4 Salesforce 5 Facebook
How to accept a loan offer?
Provide any additional information if required. Soon you’ll have your loan offer. Some lenders send a promissory note with your loan offer. Sign and return that note if you wish to accept the loan offer.
Is paying for an H1B visa a crime?
This is a big problem because paying for an H1B visa is considered a crime in the United States. If you decide to pay for an H1B visa, this year’s new regulations and laws can really come back to haunt you. You also never know whether what they’re saying is true or not, so we recommend you be very careful.
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