USA H1B Work Visa: All You Need to Know

Check the application process for H1B work visa in the USA, its visa requirements and other essential details.
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3 min
30-March-2024

Navigating the America H1B visa process is a crucial step for specialised professionals from around the globe aspiring to work in the United States. This specialised visa allows the U.S. companies to employ foreign workers in occupations that necessitate theoretical or technical expertise. Here is a detailed exploration of the H1B visa, including its licencing, eligibility criteria, application process, and more.

What is H-1B Licencing?

America H1B visa licencing refers to the regulatory requirement that certain H-1B professions must meet, such as healthcare, law, and education, where a state or federal authority must licence the professional to practice. This ensures that H-1B visa holders are not only highly qualified but also authorised to work in their respective fields within the U.S.

What are the H1B visa eligibility criteria?

Eligibility criteria for an H-1B visa in the United States typically include:

  • Job offer: Must have a job offer from a US employer for a specialty occupation.
  • Educational qualification: Hold a bachelor's degree or equivalent in a relevant field.
  • Specialty occupation: The job must require specialised knowledge and skills.
  • Employer sponsorship: The employer must file an H-1B petition on behalf of the applicant.
  • Labour Condition Application (LCA): The employer must obtain LCA approval from the Department of Labour.
  • Prevailing wage: The employer must offer a wage that meets or exceeds the prevailing wage for the occupation.
  • Non-immigrant intent: Applicants must demonstrate non-immigrant intent and intend to return to their home country after the expiration of the visa.
  • Adherence to regulations: Applicants must comply with all H-1B visa regulations and requirements.

Documents required while applying for H1B visa

Applicants must provide several documents when applying for an H1B visa, including:

  • A valid passport.
  • The approved Form I-129 petition and LCA.
  • Proof of educational qualifications (degrees, certificates, and transcripts).
  • Resumes, letters of recommendation, and a job offer from the U.S. employer.

What are the photo requirements for H1B visa?

Visa photos must adhere to specific guidelines: they must be in colour, 2x2 inches in size, taken within the last six months to reflect the applicant's current appearance, and with a white to off-white background. The applicant's face should be clearly visible and directly facing the camera.

How to apply for H1B visa?

To apply for an H-1B visa in the United States, follow these steps:

  • Find a job: Secure a job offer from a US employer who is willing to sponsor your H-1B visa.
  • Labour Condition Application (LCA): The employer must obtain LCA certification from the Department of Labour.
  • File Form I-129: The employer submits Form I-129 (Petition for a Non-immigrant Worker) to USCIS.
  • Wait for approval: USCIS reviews the petition, and upon approval, issues Form I-797.
  • Schedule a visa interview: Apply for the H-1B visa at a US consulate or embassy abroad and attend a visa interview.
  • Attend biometrics appointment: Provide fingerprints and a photograph at a USCIS biometrics appointment (if required).
  • Obtain visa: If approved, receive the H-1B visa stamp in your passport.

What is the H-1B electronic registration process?

Introduced to streamline the application process, the H-1B electronic registration process requires employers to register online with USCIS and provide basic information about their company and each prospective employee. This system is used during the initial lottery selection process, which determines which applicants will proceed to the full petition stage.

Which type of visa is required for the family of H-1B visa holders?

Dependents of America H1B visa holders, including spouses and children under 21, can apply for the H-4 visa. This visa allows them to live in the U.S. and attend school, but not all H-4 visa holders are permitted to work unless they qualify for and obtain an Employment Authorisation Document (EAD).

How to book an appointment for H1B visa?

After petition approval, applicants must complete the DS-160 form online and schedule two appointments: one for biometrics at a Visa Application Centre (VAC) and another for the visa interview at the U.S. Embassy or Consulate. Appointments can be booked through the U.S. visas official website.

What is the validity of H1B visa?

The H1B visa is initially valid for up to three years and can be extended for another three years. Under certain conditions, such as pending green card applications, further extensions may be possible.

Benefits of H1B visa

The H-1B visa offers several benefits for foreign workers in the United States:

  • Employment in specialty occupations: Allows individuals to work in jobs that require specialized skills and knowledge.
  • Three-year renewal: Initially valid for up to three years, with the possibility of extension for an additional three years.
  • Pathway to permanent residency: Provides a potential pathway to permanent residency (green card) in the US.
  • Dependents: Allows spouses and unmarried children under 21 to accompany or join the visa holder in the US.
  • Portability: Allows flexibility to change employers under certain conditions.

What is the H1B visa cost?

The cost associated with the H1B visa includes several fees paid by the employer, such as the base filing fee, Fraud Prevention and Detection Fee, and the American Competitiveness and Workforce Improvement Act of 1998 fee, among others. For the visa holder, there may be visa issuance fees that vary by nationality and the SEVIS fee if applicable.

Conclusion

The America H1B visa process is comprehensive and requires attention to detail, from understanding eligibility and application steps to knowing the associated costs and benefits. For skilled workers around the world, securing an H1B visa opens the door to unparalleled career opportunities in the United States.

Frequently asked questions

When should I apply for an H1B visa?
You should apply for an H1B visa six months before the employment start date. The U.S. Citizenship and Immigration Services (USCIS) begins accepting applications on April 1st each year, for positions starting no earlier than October 1st, the start of the fiscal year.
How can I apply for an H1B visa from India?
To apply for an H1B visa from India, first, you need an offer of employment from a U.S. company willing to sponsor you. The employer then files a Labour Condition Application (LCA) with the Department of Labour and submits Form I-129 to USCIS. Upon approval, you can apply at a U.S. Embassy or Consulate in India.
What is the fee for an H1B visa?

The fee for an H1B visa includes several components paid by the employer: the base filing fee (Rs. 460), ACFW fee (Rs. 750 or Rs. 1,500 depending on the size of the company), fraud prevention and detection fee (Rs. 500), and the public law fee (Rs. 4,000 for certain applicants). Applicants may pay visa issuance fees varying by nationality.

What is the 30 days rule for H-1B?

The 30 days rule for H-1B visas allows H-1B visa holders to enter the U.S. up to 30 days before their employment start date. This period helps them settle in and make necessary arrangements before beginning their employment.

Do I need insurance to apply for an H1B visa?

While health insurance is not a requirement to apply for an H1B visa, it is highly recommended to have it due to the high cost of healthcare in the U.S. Employers often provide health insurance as part of the employment package.

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