The H-1B visa is a nonimmigrant work visa that allows eligible employers in the United States to hire international employees in specialized occupations.
To obtain an H-1B visa, you need to meet certain eligibility criteria.
Let’s explore the key requirements in detail:
H-1B Visa Eligibility
Find out what you must put in place to meet the qualification for the H-1B visa. So start gathering some:
Educational Qualification
One of the primary requirements for obtaining an H-1B visa is having at least a bachelor’s degree or its equivalent in a specialized field.
The degree must be relevant to the job you are seeking in the United States. The H-1B visa is intended for foreign workers with a high level of education or expertise in their field.
Job Offer
To be eligible for an H-1B visa, you must have a legitimate job offer from a U.S. employer.
This job offer should be for a speciality occupation that requires specialized knowledge and skills.
Your employer must be willing to sponsor your H-1B visa and attest to the fact that your employment is essential to your business.
Employer Sponsorship
Your employer plays a crucial role in the H-1B visa process. They are required to file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS).
This petition must demonstrate that they are offering you a job that meets the criteria of a speciality occupation and that you possess the necessary qualifications.
Labour Condition Application (LCA)
Before your employer files the H-1B petition, they must obtain an approved Labor Condition Application (LCA) from the Department of Labor (DOL).
The LCA ensures that your employment will not adversely affect the wages and working conditions of U.S. workers in similar positions.
Valid Employer-Employee Relationship
You and your employer must establish a valid employer-employee relationship.
This means that your employer must have the right to control your work and supervise your employment.
USCIS may require evidence of this relationship to ensure that it is genuine and not merely a contractual arrangement to obtain the visa.
Capped Occupations
The H-1B visa program has an annual numerical limit, known as the H-1B visa cap.
There are 65,000 visas available each fiscal year, with an additional 20,000 visas reserved for individuals who have earned a master’s degree or higher from a U.S. institution.
However, certain categories, such as universities and research institutions, are exempt from the cap.
How Much Does the H-1B Visa Cost?
Obtaining an H-1B visa involves various costs, including government filing fees, attorney fees (if applicable), and additional fees for premium processing and dependents. Let’s take a closer look at the costs associated with the H-1B visa:
Filing Fee
The filing fee for the H-1B petition is set by the U.S. Citizenship and Immigration Services (USCIS) and is subject to change.
This fee includes the base filing fee, the American Competitiveness and Workforce Improvement Act (ACWIA) fee, which is used to fund job training programs, and the Fraud Prevention and Detection Fee.
The total filing fee can range from several hundred to several thousand dollars, depending on the size of the employer and other factors.
Attorney Fees
Many employers choose to hire immigration attorneys to handle the H-1B visa application process on their behalf.
Attorney fees vary depending on the complexity of the case and the attorney’s experience.
It’s essential to note that attorney fees are separate from government filing fees.
Premium Processing
If the employer wishes to expedite the processing of the H-1B petition, they can opt for premium processing by paying an additional fee.
As of this writing, premium processing guarantees a response from USCIS within 15 calendar days.
This can be particularly helpful for employers who need to fill the position urgently.
Dependent Fees
If you have dependents, such as spouses or children, who will accompany you to the United States on an H-4 visa, there may be additional fees for their visa applications and related expenses.
H-1B Visa Process
The H-1B visa process typically involves the following steps:
Selection and Petition Filing
Once you are selected for the H-1B visa, your employer files a petition on your behalf with USCIS. This petition is a formal request to grant you H-1B status and includes details about your job, qualifications, and other necessary documentation.
Labour Condition Application (LCA) Certification
Before filing the H-1B petition, your employer must obtain a certified LCA from the Department of Labor (DOL). The LCA ensures that your working conditions and wages comply with labour standards.
Form I-129 Submission
Your employer completes Form I-129, Petition for a Nonimmigrant Worker, and submits it to USCIS along with the certified LCA, required fees, and supporting documents.
Visa Approval
Ifyour H-1B petition is approved, you have two options:
- If you are already in the U.S. on a different visa, you can begin working in H-1B status once it becomes active.
- If you are outside the U.S., you must complete Form DS-160, pay the visa fees, schedule an interview at a U.S. embassy or consulate, and provide the necessary documents.
FAQs
Who can sponsor the H-1B visa?
Any U.S.-based employer with an IRS Tax ID Number can sponsor the H-1B visa.
Can I apply for an H-1B visa if I don’t have a job first?
No, you need a job offer from a U.S. employer before you can be eligible to apply for the H-1B visa.
Conclusion
The H-1B visa is a popular option for skilled foreign workers to work in the United States. However, the process involves various costs, including government filing fees and attorney fees.
If you meet the eligibility requirements and have a job offer from a U.S. employer, the H-1B visa can be a valuable opportunity to work and live in the U.S.
It’s essential to understand the costs involved and follow the proper procedures to increase your chances of a successful visa application. Good luck.
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