Working in the USA is one of the core issues of immigration law. Every year, many people from around the world apply for visas to work in the USA. The United States has a variety of visa options for potential employees with different conditions and requirements. In this article, we will discuss the H-1B visa, one of the most common temporary immigrant work visas today.
What is H1-B Visa:
The H-1B visa, or Specialized Professional Visa, is a temporary immigrant visa for professionals who want to work in specialized jobs in the United States. The H1-B visa requires visa applicants with a higher education degree or equivalent. This includes higher degrees such as bachelor’s or master’s degree, doctorate. You can apply for an H1-B visa from numerous professional fields of study, such as IT, architecture, law, finance and medicine.
H1-B Visa Eligibility:
H1-B visas are issued to non-U.S. citizen applicants only if there are no citizen candidates for the position you are applying for. Therefore, your employer must prove that your employment cannot be covered by a US citizen. Additionally, applicants must have a valid employer and a job offer. Your employer will also be your sponsor for your H1-B visa application. Finally, since the H1-B visa is a specialty visa, you must provide proof of your bachelor’s degree or equivalent.
H1-B Visa Quota:
Unfortunately, the H1-B visa is subject to a quota. The current number is 65,000 per financial year . However, if you have a master’s degree or higher from a US institution, there is an extra 20,000 quota for you . Additionally, if your sponsor is a higher education institution, a non-profit organization operating within a higher education institution, or a government research organization, you should not worry about limited quota at all!
If you have previously received an H1-B visa and have not exceeded its six-year period, you are exempt from the quota when reapplying for an H1-B visa extension. This also applies to applicants who have left the US and are currently still working abroad while within six years of their H1-B visa validity. And if you want to change employers during the first 3 years of your H1-B visa, you can do so without being subject to visa quotas!
H1-B Application Process:
To begin your application, you must first register for the H1-B lottery. The H1-B lottery registration process usually begins in early March and continues until the third week of the month. To participate in the H1-B lottery, you must create an application account on the myUSCIS website. Lottery results are usually announced within a week. If you are selected in the lottery, the application continues with your employer submitting the Working Conditions Application (LCA) to the Department of Labor (DOL). This is a precautionary step required by the DOL to ensure that your employer will pay you and other equally qualified employees the same wage. If the LCA is approved by the DOL, your employer will submit the Form I-129 petition along with the LCA to U.S. Citizenship and Immigration Services (USCIS).
Once your I-129 form is approved, you can begin your online application. Online application requires you to complete Form DS-160. You will then need to schedule a meeting with a US embassy or consulate in your area. There are a few documents you need to have ready before coming to the interview:
- Your passport.
- A printout of your DS-160’s confirmation page.
- Application fee payment receipt.
- A photo of yourself. This is required if you were unable to upload your photo during the online application.
- Receipt number. This can be found in the Nonimmigrant Worker Petition (Form I-129) or the Notice of Action (Form I-797). Both forms will be available in your application portal on USCIS’s website.
