Important Travel Document Information – Please Read
The H-1B visa is for an individual in an occupation that demands the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty or its equivalent.
Benefits of a H-1B Visa
- You can work legally in the United States.
- You can freely travel in the United States.
- Your immediate family can also qualify for a visa. While in the United States, your children can go to school, and your spouse can apply for an EAD employment authorization document, permitting them to work legally in the United States.
Who Is Eligible To Apply For A H-1B Visa?
You are qualified for an H-1B work visa if you match one of the following criteria:
- Have completed a U.S. bachelor’s or higher degree required for the relevant specialty occupation from a recognized college or university, or
- Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation, or
- Hold an unrestricted state license, registration, or certification which permits you to fully practice the specialty occupation and be involved in that specialty in the state of anticipated employment, or
- Have education, training, or progressively responsible experience in the specialty equal to completing such a degree, and acknowledge proficiency in the specialty through progressively responsible jobs directly relevant to the specialization.
You must be at least 18 years old. There is no higher age limit.
To be qualify for the H1B visa, you will need:
- A job offer from a U.S. business for a post that requires specialized expertise
- Proof of a bachelor’s degree or equivalent in that discipline
- Your employer must demonstrate that there are insufficient eligible U.S. candidates for the position.
Understanding the H-1B Visa Limit
You may need to register with U.S. Citizenship and Immigration Services (USCIS) and be selected to apply before entering the United States under the H-1B classification and begin working.
Due to the high demand for this visa, there is an annual limit on the number of visas awarded. The current limit is 65,000 visas every fiscal year. If you have a master’s degree or above from a U.S. institution, you’re in luck: an additional 20,000 visas are available to people with a master’s degree or higher. The visa cap does not apply if your sponsoring employer is an institution of higher education, a non-profit organization affiliated with an institution of higher education, or a government research organization.
If you wish to apply for an H-1B visa and your occupation is subject to the cap, you must electronically register with USCIS to enter a lottery. To accomplish this, you must register an online account with USCIS. Even if you currently have a USCIS account, you must create a second account to complete the registration process.
Then, you will be required to pay a registration fee and provide information about yourself and the company sponsoring you. A lawyer or representative may also open an account and register on your behalf.
Each year, the registration period is limited to fourteen days. If you fail to register and your occupation is not exempt from the cap, you cannot apply for an H-1B visa.
H1B Visa Required Documents
Once you have arranged an interview, you will need to bring supporting documents such as:
Valid passport. This has to be good for at least six months after the day you want to enter the United States.
A copy of the Form DS-160's confirmation page printed out.
A duplicate of your I-797 approval and your I-129 petition approval.
Receipts attesting to your payment of the application costs.
A photo of yourself the size of a passport that complies with U.S. State Department guidelines.
Where do I file my H1-B visa application?
Suppose your H-1B visa is subject to a quota, and you have been selected to apply for a visa. In that case, your notice of selection will include the USCIS address where you can submit your application if the H1-B visa cap does not apply to you. Such as if you work for a higher education institution, you can submit your application at the USCIS California service center.
When Can I Start a H-1B Visa Application?
If your H1B visa is subject to a quota, you must register online beforehand. Remember that if you are picked in the lottery, you can apply for a visa for the following fiscal year.
If selected, you and your employer may file for an H-1B visa on your behalf if you are selected. You should have around 90 days to submit your visa application, but the filing period and location will be specified in your H-1B Registration Selection Notice from USCIS. You may submit your visa application six months before your visa’s commencement date.
H-1B Visa Procedure
After being selected to apply for an H-1B visa, your employer can initiate the process by submitting a petition on your behalf. For certification, your employer must file a Labour Condition Application (LCA) to the Department of Labour (DOL). The LCA aims to confirm that your company will pay you the same wage as similarly qualified workers in the same geographic area and that your working conditions will not negatively impact other employees.
Once the LCA has been certified by the DOL, your employer must complete Form I-129, Petition for a Non-immigrant Worker, and submit it, along with the LCA and any applicable fees and supporting evidence, to USCIS.
These additional documents may include proof of your schooling, any training certificates or professional membership paperwork, your résumé, a letter of employment confirmation, a letter of support, and any applicable costs. If your Form I-129 is granted, you have two alternatives, depending on whether or not you are already in the United States.
If you are in the United States under a different visa category, you cannot begin working until your H-1B visa status becomes valid. You must request consular processing if you are outside of the United States. To accomplish this, you must complete Form DS-160, which will take approximately 90 minutes.
Currently, H-1B visa holders are eligible to apply for a green card. However, there could be significant delays.
This means that any children who migrated with you may lose their visa status, which is related to your H-1B visa, upon reaching the age of majority. If they turn 21 before their green card is issued, they will need to apply for another visa, such as a student visa, to remain in the country. The Biden administration may eliminate this restriction and make it simpler for H-1B visa holders’ dependents to obtain work permits.
Other USA Visa Types
A Visa is required for any foreign national wishing to enter the United States. It could be a non-immigrant visa for a short period of time or an immigrant visa for a long period of time. To enter the United States, foreigners must have a valid visa or visa waiver:
How long is an H1B visa good for?
The H-1B visa is a work authorization visa for specialty occupations with a maximum stay of six years. The initial stay length for H-1B visa holders is three (3) years, with extensions of up to three (3) years allowed after that.
People Also Asked...
Yes. The H1B visa is a dual-intent visa, which implies that people who have it can apply for a green card and get permanent citizenship. If you want to stay in the United States, you should start the process of applying for a green card as soon as possible.
Because you must first be recruited by a U.S. firm willing to sponsor you, H1B visa criteria might be tough to satisfy. Job competition in the United States is tough, and demand for visas to enter the country is increasing by the day. Furthermore, the number of H1B visas awarded each year is limited.
Any US employer with an IRS Tax Number, commonly known as an IRS Number or Tax ID Number, can sponsor an H-1B petition. This number is required to get the Labor Condition Application (LCA) approved, which is a necessary step before filing the H-1B petition. The employer must also be able to prove they are unable to recruit any American workers.
Yes, expedited processing is available for H1B visa applications. To request premium processing, you must submit Form I-907, Request for Premium Processing Service, to USCIS with the appropriate filing fee.
This can be done concurrently with the filing of your Form I-129 petition.
If you have already filed your petition, you can request expedited processing later by sending your Form I-129 to the exact service location as your initial petition.
Generally, your H1B visa is valid for three years and can be extended for up to six years. To accomplish this, your employer must resubmit Form I-129 on your behalf, along with any supporting documents and the filing fee.
The H-1B visa can be sponsored by any U.S.-based employer registering to file a petition on your behalf.
Yes, your spouse and unmarried children under 21 years old may accompany you on H-4 visas.