Travel Visa Advisory

H-1B Visa, Work Visa to USA

H-1B is an employer-sponsored visa, i.e., an employer must offer employment and petition for your H-1B visa with the US immigration department. This approved petition may be a work paper that allows you to get a visa stamp and add US for that employer.

Who qualifies for H-1B Visa ?

H-1B is issued to a specialty occupation , requires theoretical and usage of a body of specialised knowledge together 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 can not be accomplished by an area citizen

Is there any Quota for H1B visa?

There are a further 20,000 visas for applicants who completed their master’s degree from a US university. this cover is subjected to vary supported regulations set forth by the us Citizenship and Immigration Services (USCIS).

What is the maximum time period allowed on a limit on H-1B Visa?

Initial approval is for 3 years, which might be extended in increments of up to three years. Total stay cannot exceed total 6 years. Read more about H1B visa extension.

What is a typical process to obtain H1B Visa?

Output Rephrased Text

1.Must qualify and be eligible for H-1B criteria.
2.Employer gets Labor Condition Application(LCA) approval from the Department of Labor within the US.
3.A US employer should file H-1B petition with USCIS and acquire an approval for it.
4.Foreign worker must apply for the Visa and find the stamping at applicable US consulate in his/her home country.
5.Come to America and work for this designated Employer.
6.H-1B Visa is subject to approval. Each applicant must have valid passport and wish to finish a Visa form, pay the fee, and appear for the visa interview at the closest applicable US consulate within the home country.

Quick Facts about H1B Visa.

Limit of H1B visa.

Total stay is restricted to six years. Initial approval is for 3 years, which might be extended for increment of up to three years.

Work?

A new stamping may be exhausted the other country at any American consulate, supported the H1B extension approval.

Vacation?

H-1B aliens may go for quite one U.S. employer, but must have a Form I-129 petition approved by each employer.

Family Status?

H1B visa may be multiple entry visa, which allows an individual to travel in and out of USA for any number of times, within the desired visa validity.

What are the qualifying educational requirements for H-1B ?

One of the essential requirement for H1B is education. To qualify for the H-1B visa category, the potential 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 labor experience in same or similar field /occupation is considered to 1 year additional education. In addition to the tutorial qualifications, the individual must be fully qualified to lawfully perform the duties of the position offered. In occupations that need 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 is filed.

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

While there are several areas and categories which can 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, there’s a preference given to occupations that concentrate on Science, Technology, Engineering and Management.

Next – H1Visa employers petition process.

H1B petition Process

Firstly, an US employer who chooses and agrees to use you and file for your H-1B visa. For that, the employer files for a H1B petition with USCIS. The petition itself may be a 2-step process.
1. Getting the Labor clearance.
2. Filing the H1B petition with USCIS.

Labor certification for H1B :
The prospective US employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the shape I-129, Petition for a Nonimmigrant Worker. Employer must submit LCAs electronically via the DOLS iCERT vascular system
Filing for H1B Petition with USCIS:
Upon DOL certification, the employer files the USCIS Form I-129, the specified filing fee, and other supporting documentation (including the approved LCA) to USCIS.

Employer may require certain document from the foreign worker for the aim of petition. Following could be a typical sample of the specified document for H-1B petition:

Copy of passport.
Copy of degrees /educational certificates / transcripts.
Letter of current employment.
Copy of previous employment /experience.
Copy of any certifications/achievements.

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