In this blog, we will discuss how to get h1b visa. So, let’s get started.
The USA is one of the most preferred nations among working professionals. To work in the USA, you will need a work visa. One such visa is the H-1B visa.
An H-1B visa allows people from abroad to work in the USA in “specialty occupations”. Not everyone can apply for this visa. The work you perform should involve a high-level skill for instance, in a professional occupation. Most recipients of this visa are either highly educated individuals with a university degree or someone with a high level of experience.
Follow this blog to find out how to get h1b visa. You should also read about How to Get Permanent Residency in the US.
Advantages Of The H-1B Visa
This visa offers the following advantages to foreign employees and U.S. companies:
- The requirements of this visa are low compared to E and L work visa
- Eligibility requirements for employees are lower. They do not need to hold a managerial position in their company.
Disadvantages Of The H-1B visa
The number of visas granted in this category is limited. In the initial stages, they quickly become unavailable. So, it is recommended to apply for other work visas as an alternative.
Eligibility Requirements: How To Get h1b Visa
The minimum eligibility is to work in a specialty occupation. You must have the following:
- A job offer from an employer in the US. The wage you’ll receive should be on par with the prevailing wage in the area for similar jobs.
- Correct background for the job
It will be the employer’s responsibility to file an H1B visa for his employee. He may avail the services of a lawyer to make the process easier. H-1B visa is granted to highly qualified individuals in the following fields:
- Architects
- Engineers
- Lawyers
- Medical professionals
Individuals required at least a U.S. Bachelor’s Degree or its equivalent outside the U.S.
H-1B Registration-How To Get h1b Visa
Initially, U.S. employers are required to register on the online portal. The portal was open this year from 1st March 2022 to 18th March 2022. A non-refundable fee of 10$ is charged per employee on registration. A major advantage is that if the initial application is rejected, there is no need to compile the H-1B file.
For the registration process, the following information is required:
- U.S. employer (petitioner):
- Legal name and business name of the U.S. company
- U.S. address of the company
- Employer Identification Number (EIN)
- Contact details of a person in the company
- Foreign employee (beneficiary)
- Gender
- Nationality
- Country of birth
- First name and last name of the employee
- Passport number, when applicable
- Mention that the application is being made for the Master’s Cap where applicable
Up to 250 beneficiaries can be listed per registration. The actual quota available is 85000.
How To Apply For An H-1B Visa
The application process for this visa is divided into the following four steps by different branches of the government responsible:
- (Credential & Work Experience) Evaluation: Verification of the required work experience or educational qualification.
- Labor Condition Application (LCA)- U.S. Department of Labor (DOL): This is to be initiated by the U.S. employer meeting the necessary requirements.
- H-1B Petition- U.S. Citizenship and Immigration Services(USCIS):
Documents Required For H1B Visa
The following documents are required for the H-1B visa petition:
- A passport copy
- Copy of educational certificates/degrees/transcripts
- Letter of employment from your current employer
- Copy of previous experience/employment
- Copy of certificates/achievements to date
How To Get h1b Visa For Those Who Are Exempt From The Quota System
The following petitions are “cap-exempt” and thus can be filed with the USCIS:
- H-1B extension petitions are for individuals who have been in the U.S. within the last six years under H-1B status.
- The people who satisfy the above criteria in the context of a changed employer
- Petitions by esteemed higher education institutes and their branches fulfilling certain conditions
- Applications from government-related or non-profit research institutes
The Application Period For H-1B Visa
This visa is a complex and time-consuming one. On average, it takes between 3 to 13 months for processing. This is divided as follows:
- No objections from the University of Labor- LCA approved within 7 days of receipt.
- After USCIS accepts the H-1B visa petition, the processing time will depend on the visa center which will be responsible. Normally, it takes 2 to 12 months.
- If you are required to fulfill the consulate procedure, you will have to make a personal visa appointment. Within one to two weeks, you can expect to receive your passport.
Premium processing also exists. This, however, charges an extra 2500 U.S. dollars. The advantage here is that there is a guaranteed response within 15 days. The response can be any of the following:
- A denial
- An approval
- Request for evidence (RFE)
Validity of H-1B Visa
This visa can be approved for a maximum of 3 years at a time. This can be extended for an additional 3 years. However, the maximum duration you can stay in the U.S. with this visa is 6 years. A workaround for these 6 years is if the employer had applied for a green card in time.
Conclusion (How To Get H1b Visa)
In this blog, we have discussed how to get H1b visa. We hope you have understood easily. H-1B work visa gives you a chance to work in the U.S. However, this is only for highly skilled professionals. Moreover, every year the U.S. sets a target for the number of visas to be granted under this category. Thus, it becomes even more important to file your application diligently. Follow this article to get all the information on how to get H-1B visa.
FAQ (How To Get H1b Visa)
Can I take up a second job once I secure the H-1B visa?
No, since your H-1B visa is sponsored by your employer, you are not allowed to take a second job.
What if I switch my job with an H-1B visa?
In this case, you will require your employer to again apply for an H-1B visa.