H1b Visa, Work Visa to USA

H1B is an employment based, non immigrant visa category for temporary workers to America.
H1b is a employer sponsored visa category i.e. an employer must offer a job and apply for your H1 visa petition with US immigration department.
This approved petition is a work permit allows you to get visa stamp and work in USA for that employer.

Who qualifies for H1B Visa ?

H1B Visa eligibility.
H1B is issued to a specialty occupation, requires theoretical and practical application of a body of specialized knowledge along with at least a bachelors degree or its equivalent.

Is there any Quota for H1B visa?
The H-1B visa has an annual numerical limit known as "cap" of 65,000 visas each fiscal year. There is an additional 20,000 numbers for person who completed their masters degree from a US university. These cap may change in future, for latest information about CAP , check US immigration website USCIS.

What is allowed maximum limit on H1 Visa?

Initial approval is for 3 years, which can be extended for increment of up to 3 years. Total stay can not exceed total 6 years. Read more about H1B visa extension

What is a typical process to obtain H1B Visa?

- Must qualify and eligible for H1B Criteria.
- Employer gets LCA approval from to Department of Labor in USA.
- A US employer should file H1B petition with USCIS and get an approval for it.
- Foreign worker must apply for the Visa and get the stamping at applicable US consulate in his/her home country.
- Come to America and work for this designated Employer.

 

- H1B Visa is subject to approval. Each applicant must have valid passport and need to complete a Visa application form, pay the fee, and appear for the visa interview at nearest applicable US consulate in your country.

See complete H1B visa process details.


Quick Facts about H1B Visa.

 
Limit of H1B visa.
Total stay is limited to 6 years. Initial approval is for 3 years, which can be extended for increment of up to 3 years.

H1B- Re-Stamping?
A new stamping can be done in any other country at any American consulate, based on the H1B extension approval. more

Multiple Employers?
H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.

Travel?
H1B visa can be multiple entry visa, which allows a person to travel in and out of USA for any number of times, within the specified visa validity.

Work?
H-1B aliens may only work for the petitioning U.S. employer, and employer may place the H-1B worker on the work site of another employer.

Vacation?
An H-1B alien may be on vacation, sick/maternity/paternity on strike.
As long as alien is associated with the employer.

Family Status?
The spouse and unmarried children (under the age of 21) of H1B professionals are allowed to stay in the United States under the H4 category for the same duration as the H1B status. more

Permanent Residency (Green Card)?
An H1B holder is eligible to seek, permanent residency to USA. more

Changing Employer?
H1B can be transferred, to a new Employer.
You can also start working for new Employer upon the receipt of H1 transfer case.

Buying Property in usa?
  • H1B holder can buy or sell real estate or any other property in USA.
  • You can buy lottery or win lottery.

 

Who qualifies for H1B Visa ?

"H1B" visa program is a temporary workers visa in "specialty occupations."

A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty (e.g., engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties, etc.).

Education requirements

One of the basic requirement for H1B is the education. To qualify for the H-1B visa category, the prospective H-1B employee must hold a U.S. bachelor's or higher degree, or the equivalent. The person must hold a U.S. equivalent 4 years bachelor's or higher degree from an accredited college or university. If the foreign degree is 3 years bachelor's degree , a 3 years of work experience in same or similar field /occupation can be considered to one year additional education.

In addition to the academic qualifications, the individual must be fully qualified to lawfully perform the duties of the position offered. In occupations that require licensure or professional credentials (e.g., doctor, dentist, attorney, CPA, architect, registered nurse), the individual must already hold such qualification before the H1B visa petition can be filed.

What type of jobs comes under Specialty Occupation ? what type of Jobs /occupation can qualify for the H1B visa?

There are several areas and categories which may qualify for specialty occupation like Engineers, Doctors/Physicians, Managers, Financial Manager, Analyst, Business Managers, Sales Managers, Art , entertainment, Lawyers, CPA, Architect, Health Care professionals, Technicians etc.

Next - H1Visa employers petition process.

H1B petition Process

Once you find an US employer who agree to employ you and file for your h1 visa. Employer files for the H1B petition with USCIS. The petition itself is a 2 step process. 1. Getting the Labor clearance. 2. Filing the H1B petition with USCIS.

1. Labor certification for H1B :
The prospective US employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker. Employer must submit LCAs electronically via the DOLS iCERT Portal System

2. Filing for H1B Petition with USCIS: Upon DOL certification, the employer files the USCIS Form I-129, the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.

There can be fee associated with LCA and USCIS petition. Fee is subject to change from time to time. Check with USCIS website for fee details.

What documents required for H1B visa petition?

Employer may require certain document from the foreign worker for the purpose of petition. Following are typically required document for H1b petition purpose.

  1. Copy of passport.
  2. Copy of degrees /educational certificates / transcripts.
  3. Letter of current employment.
  4. Copy of previous employment /experience.
  5. Copy of any certifications/achievements.