The positions that could qualify for this classification include:
- Doctors
- Engineers
- Managers
- Analysts
- Business Managers
- Artists
- Entertainers
- Scientists
- Dentists
- Journalists and editors
What are the requirements to apply for H1B visa?
- Hold a U.S. ...
- Obtain a foreign equivalent to a U.S. ...
- Hold an unrestricted state license, registration, or certification that allows the applicant to have no limitations when engaging in the specialty occupation.
- The applicant must have received training, education, or work experience that is required for the completion of the degree. ...
Does having a B1 visa affect chance of getting H1B?
Yes you can apply for H1b but no need to cancel your B1/B2. It does n't matter whether you hold B1 /B2 visa or not. It is not at all related. H1b visa process is completely different. I too have my B1 and travelled several times using that and still applied for H1. So don't cancel anything just go ahead and apply for H1 buddy.
How can one apply for H1B visa?
- Have a US Bachelor's degree or higher in the area of your specialty occupation from an accredited institution;
- Have an equivalent foreign degree; or
- Have experience through positions held in your specialty occupation equivalent to the completion of such degree.
Can I sponsor myself for a H1-B visa?
The H1B Visa requires the sponsorship of a U.S. Company. However, after years of uncertainty, the USCIS now accepts H1B petitions filed by a U.S. Company formed and owned by the Visa beneficiary (self-sponsorship). This kind of sub-category is also called " H-1B Visa for Entrepreneurs ".
Do you need a bachelor's degree to become a specialty?
bachelor’s or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**. Yes.
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.
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 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 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:
Who Qualifies for an H1B Visa? – The Basics
The H-1B visa is a nonimmigrant visa that applies to foreign nationals who wish to perform services in specialty occupations.
Who Qualifies for an H1B Visa? – General Requirements
Primarily, H-1B applicants must be entering the United States to fulfill a specialty occupation. As provided by USCIS, the occupation requires both:
Obtaining an H1B Visa in the USA – Understanding the Application Process
The H-1B category requires sponsorship by a US employer. Accordingly, the employer will start the process by filing a petition with USCIS on the applicant’s behalf. During this stage, the employer must obtain a labor certification and only then file Form I-129 (Petition for a Nonimmigrant Worker) to the USCIS.
Do You Want to Apply for an H1B Visa? – Work with Jurado and Associates, P.A
At Jurado and Associates, P.A., we have a team of well-versed lawyers to guide you throughout the process of obtaining an H-1B visa. Waste no time – call Attorney Romy B. Jurado today at (305) 921-0976 or email [email protected] to schedule a consultation.
How to file for H1B visa?
The petition itself is a 2-step process. 1. Getting the Labor clearance. 2. Filing the H1B petition with USCIS.# N#1. Labor certification for H1B :#N#The prospective US employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker. Employer must submit LCAs electronically via the DOLS iCERT Portal System
How many years of work experience is required for a foreign degree?
If the foreign degree is 3 years' bachelor's degree, a 3 years of work experience in same or similar field /occupation can be considered to one year additional education. In addition to the academic qualifications, the individual must be fully qualified to lawfully perform the duties of the position offered.
Can a US employer justify a visa?
The US employer must be able to justify the exclusive need for this foreign worker/visa holder and prove that the task cannot be accomplished by a local citizen who may either be unavailable or not qualified, either academically or professionally.
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 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 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.
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
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?
H1B is an employer-sponsored visa i .e. for this visa an employer must offer you a job and apply for your visa petition with the US Immigration Department under the Immigration and Nationality Act. However, you will have to meet the H1B visa requirements for Indian citizens and provide the required documents.
How long can an H1B visa be extended?
The H-1B visa is normally granted for a period of 3 years and the tenure is extendable but not beyond 6 years. H1B visa extension is granted under the American Competitiveness in the Twenty-First Century Act. Individuals whose permanent residence application is pending can apply for a limited extension. Also, if your H-1B visa is not extended before the end of the 6th year, you will have to stay outside the US for 1 year.
How many visas can be issued in a fiscal year?
USCIS can issue a maximum of 65,000 new statuses/ visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries who have earned a master’s degree or higher from the US institutions of higher education are not subject to this numerical cap. Additionally, H-1B visa workers employed at or petitioned for an institution of higher education or related non-profit entities/ organizations or a government research organization are exempt from the annual cap.
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 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:
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.
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.
Who Qualifies For An H1B Visa? – The Basics
- The H-1B visa is a nonimmigrant visa that applies to foreign nationalswho wish to perform services in specialty occupations. This category also encompasses foreign individuals providing services of exceptional merit and ability to the US Department of Defense (DOD) in a cooperative research and development project, as well as fashion models of dist...
Who Qualifies For An H1B Visa? – General Requirements
- Primarily, H-1B applicants must be entering the United States to fulfill a specialty occupation. As provided by USCIS, the occupation requires both: 1. “Theoretical and practical application of a body of highly specialized knowledge” 2. “Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United Sta…
Obtaining An H1B Visa in The USA – Understanding The Application Process
- The H-1B category requires sponsorship by a US employer. Accordingly, the employer will start the process by filing a petition with USCIS on the applicant’s behalf. During this stage, the employer must obtain a labor certification and only then file Form I-129 (Petition for a Nonimmigrant Worker) to the USCIS. Once the USCIS approves the sponsor’s petition, prospective applicants o…
Do You Want to Apply For An H1B Visa? – Work with Jurado and Associates, P.A.
- At Jurado and Associates, P.A., we have a team of well-versed lawyers to guide you throughout the process of obtaining an H-1B visa. Waste no time – call Attorney Romy B. Jurado today at (305) 921-0976 or email [email protected] schedule a consultation.