Jobs that qualify for the H1B visa program
- Engineers
- Doctors/Physicians
- Managers
- Financial Manager
- Analyst
- Business Managers
- Sales Managers
- Art
- Entertainment
- Lawyers
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 ".
What is the minimum salary to file H1B visa?
$60,000The 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.
Who can hire H-1B?
U.S. employers can hire highly skilled or professional workers who are working for other employers on H-1B visas.
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 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.
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.
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.
Who must apply for LCA certification?
The employer/agent must apply for and receive DOL certification of an LCA. For further information regarding LCA requirements and DOL's process, see the Foreign Labor Certification, Department of Labor page.
What is the degree requirement for a job?
The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a degree. The employer normally requires a degree or its equivalent for the position.
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.
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 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.
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).
Who publishes statistics on the employers that file H-1B visa petitions and the occupations that USCIS has?
U.S. Citizenship and Immigration Services (USCIS) publishes statistics on the employers that file H-1B visa petitions and the occupations that USCIS has approved for H-1B visas. (See USCIS's "Characteristics of H-1B Specialty Occupation Workers" report; the Fiscal Year 2019 report is the most recent available as of February 2021.)
What Do Prospective Employers Need to Know About Which Jobs H-1B Workers Can Fill?
If you're an employer, the above examples give you an idea of the jobs for which you can go through the steps of sponsoring an H-1B worker. But don't let this be the beginning and end of the topic. You might have a job that does not fit neatly into one of the above categories, or it might be a job that is relatively uncommon.
What degree do you need to work in a specific field?
In brief, this means the job being offered must require at least a U.S. bachelor's degree in a specific field, the job duties are sufficiently complex to require at least a bachelor's in a relevant field, and the worker must have a relevant degree or the equivalent combined education and/or experience.
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.
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.
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.