What is the procedure to get H1B visa?
In addition to the employers, employees or H1B applicants also have to complete these steps:
- Fill in Form DS-160. The DS-160 is the most important part of the application. ...
- Schedule an interview. Try to schedule the interview as early as possible. ...
- Pay the H1B visa fees. The application fee is $190.
- Submit required documents for H1B Visa.
- Attend the H1B interview. ...
How much does it cost to file H1B?
To file an H1B petition using the I-129 form, the cost to the employer is $460. It is the employer’s responsibility to pay the filing fee. ACWIA stands for American Competitiveness and Workforce Improvement Act of 1998. The ACWIA fee varies depending on the size of the sponsoring company. For companies with 25 or fewer employees, the fee is $750.
Can a prospective employer file for H1B visa?
You cannot file your own H1 visa petition. Only your prospective employer who has given you a job offer may file your H1B petition on your behalf. If your case is approved, your employer will receive Form I-797 Notice of Action and forward it to you.
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.
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 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 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:
Where is the notice of the filing of the labor condition application posted?
Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of employment.
Do I need to file a Form I-129 with the DOL?
Yes. The prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129. See the links to the Department of Labor’s Office of Foreign Labor Certification and USCIS forms to the right.
Is my employer responsible for my return transportation?
Your employer is not responsible for the costs of your return transportation if you voluntarily resign from your position.
Do I need a Form ETA 9035?
Yes. The prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129, Petition for a Nonimmigrant Worker. See the links to the DOL’s Office of Foreign Labor Certification and USCIS forms to the right.
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:
Who is the beneficiary of H1B?
A US company will file the petition on behalf of a foreign national who will receive the H1B. The US company is called the petitioner. The foreign national is called the beneficiary.
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.
What is H1B Visa ?
H1B Visa is a temporary work visa that allows internationals with specialized skills to work and live in America. There are many other non-immigrant work visa types, but this is one of the most popular ones used by many international companies, students studying in the US, including international professionals outside of the US.
When to plan for filing H1B Visa ?
If you start planning from early December or January 1st, it should be good. But, always having a job offer is good to have. You can check out Sample H1B Plan with Activities by Month
Who can sponsor H1B Visa ? Employer ? Company ?
You cannot sponsor an H1B visa by yourself. Also, your family living in the US cannot sponsor your H1B visa.
What is H1B Visa filing fee ? Who Pays ?
Depending on the size of the company, the H1B filing fee can vary anywhere from $1,710 USD to $7,910 USD + the Attorney fee ( if any). You can read full details on H1B Filing Fee Details – Who pays for What?
When can you file H1B visa ? Anytime During Year ?
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. In the past, when there was no H1B registration process, April 1st was the date when you could file an H1B Application for the next fiscal year.
What is H1B Visa lottery ?
If there are more H1B applications or registrations received by USCIS than the total quota cap of 85,000, they use a process of random selection to select the registrations or applications to meet the numerical cap of 85K quota. This random selection process is popularly called as H1B Lottery. Read complete details on H1B Visa Lottery Process -How does it work . To understand more on the history and trend of the cap reach dates, including lottery, read H1B Cap Reach Dates from FY 2000 to 2022
How to check status of H1B visa ? Case Number ?
You can even setup alerts. You can check at USCIS.gov Case Status
Who can use H1-B visas?
Nonimmigrants who are slated to work under a “specialty occupation” are eligible to be sponsored by their future employer for an H1-B visa. They must hold a minimum of a bachelor’s degree or its equivalent from an accredited university. Those with higher education can also receive this visa.
What is an H-1B visa?
Obtaining an H1-B visa will allow a United States company or employer to sponsor a nonimmigrant to come to the United States and work in what’s known as a “specialty occupation.”
How are H-1B visas different from other nonimmigrant visa programs?
However, an H1-B visa provides the most streamlined process to gain permanent resident status for a foreign employee through a concept known as “dual intent.”
How long can a nonimmigrant work in the US?
A nonimmigrant worker that receives an H-1B visa can work in the U.S. for up to three years on an initial grant of status. The employer has the ability to extend the status of that worker for only an additional three years, unless the employer seeks an employment-based green card for that worker while they’re in the U.S. on their H-1B visa.
Where do I get an I-797?
Employers will receive a Form I-797 Notice of Action if the petition is approved. The nonimmigrant worker will take a copy of the completed petition with all its forms and apply for their visa with the Department of State. They can do this at a consulate within their home country or at a U.S. embassy.
When did Trump suspend H-1B workers?
Before we go further, an important note: President Trump issued a proclamation in June 2020 that suspended the entry of many H, J, and L temporary workers into the U.S., specifically including H-1B workers. In October 2020, U.S. District Judge Jeffrey S. White halted the implementation of the proclamation with a preliminary injunction ...
Who files the petition for the worker?
The employer files all of the petition documentation for the worker and pays for all the fees associated with the petition process.
What Does H1B Cap-Exempt Mean?
The regular H-1B visa cap dedicates 65,000 petitions to foreign workers with the required skills and qualifications. An additional 20,000 petitions are allotted to individuals holding advanced degrees at a master’s level or beyond. However, in some cases, H1B applications can be filed without going through the H1B cap.
What is the H1B Cap-Exempt Processing Time?
The time it takes the Department of Labor with the prevailing wage determination (if needed), the LCA, and USCIS’ processing can take six months or more. You can check USCIS processing times online.
What is the purpose of the H-1B portability provision?
Department of Labor, “The portability provision is intended to preserve the legal status of an H-1B nonimmigrant who is already in the United States. Portability allows the employed H-1B worker to enter into employment with a new employer provided that:
When did Juan Valdez go on H1B?
For example, an employee named Juan Valdez was in the United States on H-1B status from February 15, 2003, to December 1, 2006. Would he be able to file for a new H-1B cap-exempt petition? Yes, as he has not used up his 6 years allowed on H1B.
Can you transfer to a cap subject employer?
If your original sponsoring employer is cap-exempt and you wish to transfer to a cap-subject employer, then the latter employer will need to file a cap-subject petition on your behalf. This is because you will no longer be a cap-exempt candidate and have not been counted against the cap.
How long does it take to get H1-B?
The H1-B alien will have been present in the United States for at least 183 days, thus meeting the Substantial Presence Test for Year 1. The H1-B alien’s residency starting date will be the date of his or her first arrival into the United States during Year 1.
What are the tax rules for nonresident aliens?
For tax purposes, there are two types of aliens: resident and nonresident aliens. Resident aliens are taxed in the same manner as U.S. citizens on their worldwide income, and nonresident aliens (with certain narrowly defined exceptions) are taxed only on income which is derived from sources within the United States and/or income that is effectively connected with a U.S. trade or business.
Can aliens teach under H-1B?
Note, however, aliens may reside in the United States for purposes of teaching under several different immigration status classifications, including H-1B status and J-1 status. It is important to distinguish between H-1B status and J-1 status because the tax consequences under each status are significantly different.
Is a nonresident alien taxed?
citizens on their worldwide income, and nonresident aliens (with certain narrowly defined exceptions) are taxed only on income which is derived from sources within the United States and/or income that is effectively connected with a U.S. trade or business.
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