Understanding H1b Visas: Am I An International Student?

International students in the United States who wish to stay longer than their F-1 visa's Optional Practical Training (OPT) period can apply for an H-1B visa to continue working in the country. The H-1B visa is a nonimmigrant classification for temporary employment in a specialty occupation, which commonly includes roles in architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. These roles require at least a bachelor's degree or its equivalent. The H-1B visa is initially valid for a maximum of three years, with the possibility of extending it for up to six years in total. The application process for the H-1B visa involves finding an employer who will initiate the petition on the employee's behalf, demonstrating that the employer, position, and employee meet the necessary criteria.

H-1B Visa requirements

The H-1B visa is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations. These occupations typically require a bachelor's degree or higher, or its equivalent, in a specific field. The H-1B visa is employer-specific, position-specific, and location-specific.

To qualify for an H-1B visa, both the job position and the foreign worker must meet certain criteria. The job offered must qualify as a "'specialty occupation'", requiring a deep understanding of complex concepts and the ability to implement that knowledge to solve real-world problems. The position must demand a blend of theoretical knowledge and practical skills. The minimum educational requirement for an H-1B visa is a bachelor's degree or its equivalent in a field directly connected to the role.

The employer must also meet certain requirements. They must file a Labor Condition Application (LCA) with the US Department of Labor, certifying that the H-1B worker will be paid the prevailing wage or the actual wage paid to other employees with similar experience and qualifications, whichever is higher. The employer must also certify that the H-1B worker's employment will not adversely affect the working conditions of similarly employed US workers. Additionally, the employer must notify the USCIS of any changes in the H-1B worker's employment status, such as termination or a change in work duties.

The process for obtaining an H-1B visa typically involves the following steps:

• The employer/agent submits an LCA to the Department of Labor for certification.
• The employer/agent submits a completed Form I-129, Petition for a Nonimmigrant Worker, to the USCIS.
• The prospective worker outside the US applies for a visa and/or admission, which may include an interview at a US embassy or consulate.
• If the worker is already in the US, they may be eligible for "H-1B portability", which allows them to be paid in the new position after the employer has received the USCIS receipt notice for the H-1B petition.

It is important to note that the H-1B visa process can be complex, and it is recommended to consult with an immigration attorney to ensure compliance with all requirements and procedures.

Application process

The H1-B Visa is a common goal for international students who want to remain in the US to work long-term after graduating. It is a nonimmigrant classification for temporary employment in a specialty occupation. It is commonly referred to as the "working visa" because it is the most commonly used work visa.

The H1-B Visa application process can be daunting and requires meticulous planning and thorough documentation. Here is a step-by-step breakdown of the application process:

• Find a sponsoring US employer: The first step is to find a US employer who is willing to file the H-1B petition on your behalf. The employer must meet specific criteria and comply with Labor Condition Applications (LCA). The LCA outlines the working conditions and wages offered to foreign workers. The prevailing wage is determined based on the job and the geographic location where the beneficiary will be working, among other factors.
• Submit Labor Condition Application (LCA): The employer files the LCA with the Department of Labor (DOL). This document demonstrates that the employer will not displace any US workers and that they will pay the prevailing wage.
• File Form I-129: The employer files Form I-129, Petition for a Nonimmigrant Worker, with the US Citizenship and Immigration Services (USCIS). This form demonstrates that the employer, position, and employee meet the criteria for H-1B status. The employer is responsible for demonstrating that they meet all requirements and that the employee is qualified for the position.
• Include required documentation and fees: Along with Form I-129, the employer must submit various documents and fees. The fees vary based on factors such as employer size and whether premium processing is requested. The employee may only pay the Premium Processing fee, which is an optional fee to expedite the review of the application.
• Lottery system: There is a cap of 65,000 H-1B visas issued each fiscal year, with an additional 20,000 visas for those with advanced degrees. Due to the high demand for H-1B visas, a lottery system is used to select applicants. Applicants must register with USCIS during the first three weeks of March. On March 31st, USCIS announces the selected applicants, who can then submit their petitions beginning on April 1st.
• Approval and visa processing: If your petition is approved, you will receive Form I-797. If you are outside the US, you will need to schedule an appointment at your local US consulate and apply for the H-1B visa. If you are already in the US, your status will automatically change to H-1B, but you will still need to apply for the H-1B visa stamp if you travel outside the country. It is important to note that you cannot travel outside the US while your application is pending or after it is approved but before it becomes active on October 1st.
• Start work on October 1st: The start date for the job must be no earlier than October 1st, and your H-1B status will be valid for up to three years.

OPT extension

OPT stands for Optional Practical Training, which is a benefit of F-1 status that allows international students to work for one year, with the possibility of a longer period if the student is eligible for an extension. F-1 visa holders who graduated with STEM degrees listed on the DHS's designated STEM degree list are eligible to apply for a 24-month extension of post-completion OPT. The OPT extension is automatic for eligible students. However, the student must still have proof of continued employment authorization, which is updated on Form I-20 by their designated school official.

The OPT Cap Gap extension is available to students who are either on approved F-1 OPT or STEM OPT or in their 60-day grace period and have a pending or approved change-of-status for a nonfrivolous H-1B petition with USCIS. The OPT Cap Gap extension requires that the OPT end date be after April 1, while the student has a pending H-1B application. If this is the case, the OPT end date before October 1 will be automatically extended to September 30, so there is no interruption in the student's ability to work on OPT before the H-1B takes effect.

Students who are planning to file for an H-1B and STEM OPT extension at the same time should submit their STEM OPT application before the expiration of their original 12-month OPT. If a student worked any pre-completion OPT, this will be subtracted from the 12 months of the total allotted time. For example, if a student worked for two months through the pre-completion OPT program, they will be allowed to work a maximum of 10 months in post-completion OPT.

The H-1B visa is a common goal for students who want to remain in the US to work long-term after graduating. It is a nonimmigrant classification for temporary employment in a specialty occupation and is commonly called the "working visa". The H-1B visa is employer-sponsored, which means that the employer must apply for the employee.

Fees and costs

The H-1B visa is a non-immigrant visa for temporary employment in a specialty occupation. It is commonly referred to as the "working visa" and is often used by international students who wish to remain in the US to work after graduating. The H-1B visa is valid for three years and can be extended for an additional three years under special circumstances.

The H-1B visa application process involves multiple fees, most of which are payable by the employer. The employer must submit applications to the US Department of Labor and US Citizenship and Immigration Services (USCIS), and the employee can only pay the fees related to obtaining their visa at their local US embassy or consulate.

• H1-B cap registration fee: $215 per beneficiary.
• H1-B petition filing fee: $780 for petitions filed on or after April 1, 2024. This fee is paid by the employer and is mandatory for all H1-B visa applications.
• Asylum Program Fee: $600 for employers with 26 or more full-time employees; $300 for small employers (25 or fewer full-time employees); $0 for nonprofit organizations.
• ACWIA Training Fee: $750 for employers with 1-25 full-time workers; $1,500 for employers with 26 or more full-time employees.
• Anti-fraud fee: $500 for all petitions for changes of visa status, petitions for a new employee from overseas, and petitions for new employees already in H-1B status with another employer. This fee is not required for H-1B extensions for current H-1B employees.
• Premium Processing Fee: $2,805 for expedited processing within 15 days. This is an optional fee and can be paid by either the employee or the employer, depending on the circumstances and agreement between the two parties.
• H-4 Dependent Fee: An optional expense for family members applying to be H-4 dependents of the applicant by filling out Form DS-160.
• Legal fees: Attorney fees for H-1B applications differ depending on the firm. Some firms have tiered fees, such as $300 for the initial registration process and $2,600 if the case is selected in the lottery for filing.

It is important to note that the H-1B visa is highly competitive, and applicants should consider seeking specialist legal advice to ensure that all stages of the application process are completed correctly, including paying the correct fees.

Travel considerations

If you are in the process of changing your status to H-1B, it is generally advised not to travel outside the US until your H-1B status is approved and active. Travelling during this time may result in your petition being considered abandoned, and you would then be required to apply for an H-1B visa abroad.

If your H-1B status has been approved but is not yet active, you must ensure you are back in the US before October 1st to activate it seamlessly. If you need to travel during this time, you can do so, but you must ensure you have your H-1B approval notice and other relevant employment verification documents upon re-entry.

If your H-1B status is already active, you can travel and re-enter the US as long as you have valid H-1B documentation and your visa is not expired. It is still essential to carry the latest H-1B approval notice and other relevant employment verification documents upon re-entry.

If you are travelling to Canada or Mexico for less than 30 days, you may be able to re-enter the US with an expired H-1B visa stamp. However, you must not surrender your current I-94 upon departure from the US, and you must have a valid H-1B approval notice.

If you are a national of a country on the State Sponsors of Terrorism list, automatic visa revalidation is not available to you.

Frequently asked questions