What is the H-1B visa?

Employers in the United States are able to hire foreign nationals with specialized skills for a limited time in the country using the nonimmigrant H-1B visa. The positions usually call for a bachelor’s degree or its equivalent. The H-1B visa is normally granted for jobs in industries including technology, finance, engineering, architecture, and more.

Apply For An H-1B visa Procedure

You need to be sponsored by an employer in order to get an H-1B visa. Ask your company whether they may sponsor your H-1B if you are currently in the US on a student visa. If not, discuss your alternatives with an immigration lawyer.

If your present or future employer is willing to assist your application, they can serve as your sponsor.

To hire a foreign worker on an H-1B visa, any company must first fill out and submit in an application to the US Department of Labor (DOL) called a Labor Condition Application (LCA). The agreement is necessary because it ensures that the business will abide by certain regulations, like paying the prevailing wage and not impairing the options available to US workers.

However, the business needs to complete a few required processes before the DOL approves the LCA. These actions include giving information about the position, making sure that appropriate pay demands have been met, and keeping to legal responsibilities in order to protect the rights of the foreign worker and American employees.

The average salary is used as a standard to make sure H-1B visa holders aren’t paid less than others in the same area doing similar jobs. The state employment agency has verified this wage, which the employer must pay. If not, it’s necessary to determine wages.

The prevailing wage can be found in three different ways:

1. National Prevailing Wage and Center (NPWC): This is the most reliable and advised alternative since it provides “safe harbor status,” which lessens the likelihood that firms who use the NPWC rate would be sued for underpaying workers.

2. Independent survey: To find the prevalent wage, a wage survey can be completed by a reliable, unbiased source.

3. Other legitimate sources: If it is possible, it is usually not recommended to use sources other than the NPWC because of probable legal consequences.

Following the receipt of the current prevailing wage by the employer, the Labor Condition Application (LCA) must be submitted by filling out Form ETA 9035, which is sent to the Department of Labor (DOL).

It is required that you submit this application electronically through the Foreign Labor Application Gateway (FLAG) system.

No more than six months after the start of the employment period shall pass before the application is submitted. There is an alternative available in situations where employers are not able to access the internet or have disabilities.

They can request extra consideration to submit their ETA 9035 application by mail by contacting the Office of Foreign Labor Certification (OFLC).

Once the Labor Condition Application (LCA) process is complete, the employer can proceed to file the H-1B application by filling out Form I-129, which is the formal name for the Application for Nonimmigrant Worker. An employment letter from the employer that includes all the relevant information—such as the job description, dates of employment, duties, salary range, and contact details—must be attached.

The internationally employee should provide supporting documentation, such as their degrees, training certificates, membership records, resume, and a letter of recommendation.

The last step in applying for an H-1B visa is keeping track of the petition’s progress. You may do this by visiting the USCIS website and entering the receipt number. The USCIS will update the status of your application on their system as soon as it has been processed and recorded.

You will get Form I-797 Notice of Action upon approval of your I-129, putting you one step closer to finishing the process. Your following actions may vary depending on whether you are currently in the United States or not.

Your immigration status is going to change to H-1B visa if you are already in the country, and the USCIS will update your I-94 record to reflect this change. You must not participate in any work-related activities until your status has been formally changed.

The process for getting an H-1B visa stamp includes filing DS-160 and making an appointment for visa stamping not more than 90 days prior to your desired start date of employment in the United States. Those who currently possess a legitimate nonimmigrant status—such as an O-1, J-1, or L-1 status—may choose this option.

Alternatively, consular processing is an option if you are presently in the United States. By this path, you will have to return to your home country in order to visit the US embassy or consulate there and obtain a visa stamp. It’s important that you understand that consular processing calls for additional documentation and applications. Additionally, there’s a chance that administrative processing will come up, which could postpone the start of your employment.

In addition to filling out the DS-160 form, applicants who filed their application outside of the US will need to arrange and show up for an interview at a US embassy or consulate. The next step is to apply for a nonimmigrant visa at a US embassy or consulate in one’s native country when the I-129 form has been approved.

Particular documentation and an in-person interview at the embassy or consulate are needed for this procedure. After the interview, if the visa is issued successfully, the person is free to enter the US.

The issued visa is a valid travel document that allows entry into the United States. At a port of entry, permission to enter the country is still necessary, however. Every visa also has an expiration date, which means that you have to enter the US before it does. To enter the country with an H-1B visa, one must obtain authorization from US Customs and Border Protection (CBP) upon arrival at the airport or border.

H-1B visa Eligibility Criteria

A person who has been extended an offer by a U.S. business for a temporary professional position may be eligible for H-1B visa status. The minimum educational requirement for a position to be eligible for H-1B status is a bachelor’s degree or higher in a related field, and the H-1B employee must possess this degree (or higher).

Steps to Apply for a H-1B Visa

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Other Important FAQ

How long is H-1B visa valid for?

A work authorization visa for specialty occupations, the H-1B Visa has a maximum duration of 6 years. For those in H-1B status, the initial stay is for three (3) years, and extensions are possible for a further three (3) years after that.

How to convert H-1B Visa to green card?

Step by Step: From H-1B to Green Card Holder

Step 1: Find a Qualified U.S. Employer.
Step 2: Employer to Submit PERM Labor Certification.
Step 3: File Form I-140.
Step 4: Wait for Priority Date to Become Current.
Step 5: File Form I-485 Adjustment of status.

What is the salary of H-1B holder in the US?

How Much a Year Are H1B Jobs Paying? And the 25th percentile is $141,000. Differences in pay exist between this range. The 75th percentile is $192,000.

What are H-1B Visa jobs?

Employers looking to hire non-immigrant immigrants for specialised jobs or as exceptional fashion models are subject to the H-1B Visa programme.