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What is H-1B Visa, Work Visa to USA


H-1B is a non-immigrant visa for American temporary employees that is based on employment.

The H-1B visa is an employer-sponsored visa, meaning your company must offer you a position and file a petition with the US Immigration Department on your behalf.

You can obtain a visa stamp and work in the US for that employer if your petition is approved.

Who qualifies for H-1B Visa ?

A specialist occupation is qualified for an H-1B visa if it requires the theoretical and practical application of a body of specialized knowledge in addition to a bachelor's degree or its equivalent.


The US company must be able to demonstrate the necessity for this foreign worker/visa holder exclusively and demonstrate that a local citizen cannot complete the assignment because they are either unavailable or unqualified, either academically or professionally.

Is there any Quota for H1B visa?

The yearly numerical cap for the H-1B visa is 65,000 visas per fiscal year. For candidates who earned their master's degree from a US university, there are an additional 20,000 visas available. Depending on the rules established by the United States Citizenship and Immigration Services, this cap may change (USCIS).

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

The first approval is valid for 3 years and may be extended in 3-year increments. Maximum length of stay is six years. Learn more about extending the H1B visa.

Must meet and be eligible for H-1B requirements.


The US Department of Labor grants approval for the employer's Labor Condition Application (LCA).


Employers in the US must submit an H-1B petition to USCIS and obtain permission for it.


Foreign workers must apply for visas and have them stamped at the appropriate US consulate in their country of residence.


Come work for this approved Employer in America.


H-1B Visa acceptance is contingent. Each applicant must have a current passport, fill out an application for a visa, pay the required money, and show up for the visa interview at the closest U.S. consulate in the applicant's country.


Who is eligible for H1B visa?


H-1B is a non-immigrant visa for American temporary employees that is based on employment.

The H-1B visa is an employer-sponsored visa, meaning your company must offer you a position and file a petition with the US Immigration Department on your behalf.

You can obtain a visa stamp and work in the US for that employer if your petition is approved.


A Bachelor's degree or its equivalent is required of the visa holder in order to be eligible for an H1B visa, which is issued for speciality occupations in the disciplines of science, technology, engineering, the arts, and mathematics, among others. Employers who sponsor H-1B visa holders may only hire them for those positions. For more details, look into the H1B petition process and H1B eligibility. Employers who sponsor H-1B visa holders may only hire them for those positions.

A specialist occupation that qualifies for an H-1B visa needs a bachelor's degree or its equivalent, as well as the theoretical and practical application of a body of specialized knowledge.


The US company must be able to demonstrate the unique necessity for this foreign worker/visa holder and show that a local citizen who could be unavailable or underqualified, either academically or professionally, cannot complete the assignment.


There are six steps for H1b Visa

Steps

  • Step 1 Get a digital photograph

  • Step 2 Complete H1B visa application form DS160

  • Step 3 Pay the H1B visa application fee

  • Step 4 Take appointment for visa interview

  • Step 5 US Visa Fingerprinting at Visa Application Center (VAC)

  • Step 6 Go for visa interview at designated US consulate

H-1B Lottery

A lottery system is used by USCIS to choose registrants who will file their full H-1B visa petition.


There is an annual cap of 85,000 H-1B visas. An additional 20,000 H-1B visas are set aside for applicants with advanced degrees, in addition to the 65,000 normal H-1B visas available each year.


People coming to the United States to work in higher education or connected research/non-profit organizations are some of the exceptions to the H-1B visa cap.


6,800 of the 65,000 ordinary H-1B visas—or H1-B1 visas—are reserved particularly for Chilean and Singaporean nationals.


H-1B Documents and Application Process

Step 1: Employer/Agent submits Labor Conditions Application to the Department of Labor (DOL) for certification of an LCA.

Step 2: Employer/Agent submits the completed Form I-129, Petition for a Nonimmigrant Worker, to the designated USCIS service center. The DOL-certified LCA must accompany the I-129 petition.

Step 3: Upon I-129 petition approval, the prospective H-1B worker may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (or admission if a visa is required).

The prospective H-1B worker must apply to U.S. Customs and Border Protection (CBP) for admission under an H-1B classification regardless of whether a visa is required to enter the U.S.

H-1B Specialty Occupations

The following are only a few examples of possible fields. Please get in touch with us if your line of business is not included in the list below; we'll be pleased to offer advice.


  • accountancy

  • architecture

  • arts

  • computer programming (including software QA & testers)

  • education

  • engineering

  • international business management

  • journalism

  • law

  • mathematics

  • medicine / health

  • modeling

  • nursing

  • research

  • sciences

  • social sciences

  • theology

H-1B Visa Fees

Who covers the H-1B costs and what are they? The employer is in charge of paying any necessary fees to USCIS. With the exception of Premium Processing, payment may come from either the petitioner or the beneficiary.


The cost of obtaining a visa at the U.S. embassy or consulate as well as visa expenses for dependents are the responsibility of the employee.

  • $10 registration fee

  • Basic filing fee $460 (I-129)

  • USCIS anti-fraud fee $500

  • ACWIA Education and Training Companies with 25 or fewer employees - $750 Companies with more than 25 employees - $1,500

  • Premium Processing (optional) $2,500

  • Additional Public Law 114-113 fee of $4000

H-1B Visa FAQs

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