H-1B Visa – Work Visa for USA
H-1B is an employment based, non-immigrant visa for temporary workers in the US. H-1B is an employer sponsored visa, i.e. an employer must offer a job and petition for your H-1B visa with the USCIS. This approved petition is a work permit which allows you to get visa stamp and work in US for that employer.
Who Qualifies for H-1B Visa?
H-1B is issued to a specialty occupation, and requires theoretical and practical application of a body of specialized knowledge, along with a bachelors degree or its equivalent.
The US employer must be able to justify the exclusive need for this foreign worker/visa holder and prove that the task cannot be accomplished by a local citizen who may either be unavailable or not qualified, either academically or professionally.
Is There a Quota for H-1B Visas?
The H-1B visa has an annual numerical limit or “cap” of 65,000 visas each fiscal year. There are an additional 20,000 visas available for applicants who completed their master’s degree from a US university. This cap is subjected to change based on regulations set forth by the United States Citizenship and Immigration Services (USCIS).
See How the Lottery Process for H-1B Visa Process Has Changed in FY 2019
What is the Maximum Time Period Allowed on an H-1B Visa?
Initial approval is for 3 years, which can be extended in increments of up to 3 years. The total stay cannot exceed 6 years. After your 6 years, you’ll want to apply for permanent residence status, or a green card ot remain working in the US. Read more about H-1B Visa Extension.
What is a Typical Process to Obtain H-1B Visa?
- Must qualify and be eligible for H-1B criteria.
- Employer must get Labor Condition Application(LCA) approval from the Department of Labor in the US.
- A US employer should file an H-1B petition on the employee’s behalf with the USCIS and get approval for it.
- Foreign worker must apply for the visa and receive the visa stamping at an applicable US consulate in his/her home country once approved.
- Come to the US and work for designated employer.
- H-1B visa is subject to approval. Each applicant must have valid passport and will need to complete a visa application form, pay the fee, and appear in person for a visa interview at their nearest applicable US consulate in the home country.
See Complete H-1B Visa Process Details.
Quick Facts About H-1B Visa
Limits of H-1B 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.
H-1B: Re-stamping
A new stamp can be done in any other country at any American consulate, based on an H-1B extension approval. Read more.
Multiple Employers
H-1B aliens may work for more than one US employer, but must have a Form I-129 petition approved by each employer.
Travel
An H-1B visa can be a multiple entry visa, which allows a person to travel in and out of US for any number of times, within the specified visa validity.
Work
H-1B aliens may only work for the petitioning US employer, and the 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 leave, or on strike as long as the alien is associated with the employer.
Family Status
The spouse and unmarried children (under the age of 21) of H-1B professionals are allowed to stay in the United States under the H4 category for the same duration as the H-1B visa holder. Read more.
Residency (Green Card)
An H-1B holder is eligible to seek permanent residency in the US. Read more.
Changing Employers
An H-1B visa can be transferred to a new employer with an H-1B transfer. You can also begin working for new employer upon the receipt of H-1 transfer case.
Buying Property in USA
- H-1B holders can buy or sell real estate or any other property in the US.
- You can buy lottery or win lottery.
What are the Qualifying Educational Requirements for H-1B Visas?
One of the basic requirements for an H-1B visa is education. To qualify for the H-1B visa category, the prospective H-1B employee must hold a US bachelor’s or higher degree, or the equivalent. The person must hold a US equivalent 4-year bachelor’s or higher degree from an accredited college or university. If the foreign degree is a 3-years bachelor’s degree, a minimum of 3 years of work experience in the same or similar field/occupation can be considered as one year of 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 a license or professional credentials (e.g., doctor, dentist, attorney, CPA, architect, registered nurse), the individual must already hold such qualification before the H-1B visa petition can be filed.
What Types of Jobs are Considered Specialty Occupation? What Types of Jobs/Occupations Can Qualify for the H-1B Visa?
While there are several areas and categories which may qualify for specialty occupations like Engineers, Doctors/Physicians, Managers, Financial Manager, Analyst, Business Managers, Sales Managers, Artist, Entertainer, Lawyers, CPA, Architect, Health Care professionals, Technicians, and more, there is a preference given to occupations that focus on Science, Technology, Engineering and Management.
H-1B Petition Process
First, you need to find an US employer who chooses and agrees to employ you and file a petition on your behalf for your H-1B visa. To do so, the employer files for an H-1B petition with the USCIS. The petition itself is a 3-step process:
- Labor Certification for H-1B: The prospective US employer must file an approved Form ETA-9035, Labor Condition Application (LCA), along with the Form I-129, Petition for a Nonimmigrant Worker.
- Petitioner for Employee via the H-1B Lottery Portal: To petition for an employee, an employer must submit the employee’s name into the H-1B electronic lottery portal once it is open. It opens once a fiscal year, typically around March. A randomized lottery will choose applicants who are eligible to then complete their filing for their H-1B petition.
- Filing for H-1B Petition with USCIS: If chosen in the H-1B lottery, the employer files the USCIS Form I-129, pays the required filing fee, and submits other supporting documentation (including the approved LCA) to the USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.
There can be fees associated with LCA and the USCIS petition. Fee is subject to change from time to time.
What Documents are Required for H-1B Visa Petition?
The employer may require certain document from the foreign worker for the purpose of petition. The following are the typical required documents for an H-1B petition:
- Copy of valid passport
- Copy of degrees/educational certificates/transcripts
- Letter of current employment
- Copy of previous employment/experience
- Copy of any certifications/achievements
