One of the most sought-after visa categories is the H1B visa. This article discusses who can file for an H1B visa and also answers the question if one can get an H1B visa without a sponsor?
The initial step toward obtaining an H1B visa is to file a petition with the USCIS. But filing a petition is easier said than done. You need a potential employer who will file the petition as a sponsor because they need to hire you.
Let’s understand the H-1B visa a little in detail.
What is an H-1B Visa?
The H-1B visa category permits an employer to petition for a highly educated foreign national to work in a “specialty occupation” that needs at least a US bachelor’s degree or higher from an accredited college or university OR a foreign degree that is the equivalent of or higher than a US bachelor’s degree from an accredited college or university.
Employment in Science, Engineering, Mathematics, and Technology (STEM) is qualified for an H-1b visa. The initial period of an H-1B visa classification is typically 3 years, which can be extended for a total of 6 years.
Who is Eligible for H1-B Visas?
Foreign Nationals who want to work in a “specialty occupation” may be sponsored for an H1-B visa by their specific employer. The applicant must have a bachelor’s degree or its equivalent from a recognized university. H 1B visa is also available to foreign nationals with higher educational qualifications.
The employers must be able to demonstrate that the candidate is fully qualified to perform the tasks of their employment through education and past work experience, if relevant.
Employers who are not able to find the right talent for specialty occupations and have job openings can file a petition to obtain a work visa under the H1 B Visa category to hire foreign workers.
As evident from the description of the H1 B Visa, candidates need an employer to sponsor/petition a visa for a suitable specialty occupation(s) for which they seek an employee(s). An individual cannot sponsor or file a petition for their own H1-B visa.
What Is the Procedure for Obtaining an H1-B Visa?
In the year 2020, USCIS announced that before petitioning for employee sponsorship, companies must now electronically register and pay a $10 fee to the US Citizenship and Immigration Services (USCIS).
As a result, the first step in acquiring a visa is to register for an online account with USCIS.
This account will then allow you to apply for an accepted registration in the annual H1-B lottery through USCIS’s online registration system. Apply for the newly created business account to determine if your company is qualified to submit a completed H1-B petition for the potential worker.
After this, you must fill out and submit a Labor Condition Application (LCA) to the Department of Labor’s Foreign Labor Application Gateway (FLAG) system.
After submitting the LCA to FLAG, you will wait for USCIS to send you a notification of registration approval. After receiving approval from the USCIS’s electronic system, you can complete the I-129 Petition for a Nonimmigrant Worker and the additional forms. Finally, you’ll file the petition and pay the necessary fees.
What Distinguishes H-1-B Visas From Other Nonimmigrant Visa Programs?
There are various nonimmigrant visa programs available that can allow your company to hire foreign workers. However, an H1-B visa provides the most efficient process for a foreign employee to get permanent residence status through a concept known as “dual intent.”
“Dual intent” implies that the foreign national is maintaining their H1-B visa to remain in the United States permanently. An H1-B visa allows employees to work for a business for up to six years.
They must then depart the United States for a year before applying for another H1-B visa. If an employer wants to hire someone permanently, they can extend their visa until the person can obtain a green card.
What is H1B Cap?
The H1B cap is the annual number of visas issued by the US government. The cap is currently set at 65,000, plus an additional 20,000 ADE quota. ADE = Advanced Degree Exemption.
Notably, it does not apply to H-1B transfer positions nor to cap exemption positions. Some jobs that are not subject to the H1B cap are those that work for nonprofits, universities, and government organizations.
Positions exempt from the H1B cap include those at a nonprofit research organization, university, or government agency.
Where are the H-1B lottery results available?
There is no set date for the release of the 2022 H1B lottery results. The results could be released between April and August. In 2019, USCIS issued a notice stating that all lottery petitions that were not selected would be notified by August 29th.
How Can You Get a Sponsor for Your H-1B Visa?
1 Search for a job in the H-1B visa sponsors database
The first step is to seek companies that have already sponsored H1B visas in recent years. Search for “H1B visa sponsors database” or “companies that sponsor H1B visas.”
If you wish to visit a specific location in the United States, try searching “H1B Visa Sponsors Database California” or any other combination of phrases with the state/city you want to visit. You may also discover the types of jobs available, working conditions, prevailing wage, and which petitions have been approved by the USCIS.
After you’ve done your research, establish a list of all the businesses you’re interested in and evaluate them based on how many petitions they accept (or deny) each year, how many petitions they filed each year, and so on. You can choose which companies to apply to based on this evaluation.
2 Apply for a Job position
Now is the time to prepare your CV, come up with an outstanding application, and apply to every company on your list.
Applying to companies that have already sponsored multiple H1-B visa applications in previous years is one of the best methods to secure a job.
3 Look for an Internship
Another alternative is to look for an internship. If you are already in the United States on an F1 visa and intend to stay, look for an internship with a company that can sponsor an H1-B visa.
4 Find a Job at a University in the United States
Finally, you should look for a job at a university in the United States.
If you already have an H4 or F1 visa, this is your best option. The best part about this option is that most institutions are not subject to annual H1B cap restrictions, so they can sponsor as many H1B visas as they need.
H1B Sponsorship Requirements:
A sponsoring employer must meet a few key requirements to be accepted for an H-1B visa. These specific requirements are as follows:
- The company must be in good standing with USCIS. This indicates it has never had any big complaints or judgments against it.
- The sponsoring employer must have a valid, active H-1B visa petition filed. If you want to sponsor an employee, make sure you first check this criterion.
- Must be willing and able to pay the legal fees and other expenses for the H-1B visa.
- The business (employers) must be capable and willing to pay the prevailing wage/actual wage for the said occupation.
- The sponsoring employer must have a valid location within the United States where the employee will relocate after their H-1B visa is approved. This will be determined by certain circumstances/individual requirements for each role.
H1B Visa Sponsoring Companies
There are numerous companies in the United States that provide H1B sponsorship. These business operations in all industries provide some of the best job searches for H1-B visa holders in the United States.
Some of the largest and most profitable companies in the country that offer H1B sponsorship are:
How to Obtain an H1-B Visa Without a Sponsor?
Many people are looking for a solution to obtain an H1-B visa without the necessity of a sponsor. If you have a solid enough job offer and your company can attest to your skills and expertise, this is a viable choice.
To obtain H-1-B visas without a sponsor, you must first apply to the US Citizenship and Immigration Services (USCIS). You must submit information about your education and job duties, as well as a resume.
Who Is Eligible to Sponsor an H1B Visa?
If you are a foreign graduate student looking to work in the United States, you may be asking how to secure an H1-B visa. Here are some examples of people that can sponsor an H-1B visa:
- Your employer
- A relative or guardian who has been selected by the Department of State as your representative to apply on your behalf.
- A possible client, colleague, or professor who can testify to your skills and qualifications or a college or university official
- A well-established US company with which you have a contract or are somehow associated.
- A non-profit organization that exchanges scientific, technological, cultural, or professional information with the United States.
Frequently Asked Questions on H-1B
Can I Sponsor My H-1B Visa if I’m the Owner of the Company?
Unfortunately, you cannot own the company to be sponsored for an H-1B visa. This implies you can never apply for yourself; you must be sponsored by an American company not owned by you.
A job search may help you find a specific employer who may have a position open that warrants your specialty skills and be willing to sponsor an H1B visa in the following year. The business will most likely consult their immigration lawyer to match your skills with the duties to see if there is a match.
Is It Possible to Obtain Work Visas Without a Sponsor?
No, you cannot obtain work visas without the assistance of a sponsor. To be allowed to work in the United States, you must have a work visa. Work visas can only be
Is It Possible for Me to Apply for an H1-B Visa on My Own?
You cannot apply for an H1-B visa by yourself. You must have the assistance of a sponsor to apply for an H-1B visa. A sponsor can be an employer or a non-profit organization that can assist you with a valid work visa. You can consult with an immigration attorney/law firm to discuss alternatives.
In conclusion, obtaining an H1-B visa without the assistance of a sponsor might be a difficult task. However, if you follow our simple guidelines, you will be well on your way to landing your dream job in the United States.