Savanna Hoffman
The H1-B visa is a non-immigrant visa for international students in the United States who wish to stay longer than their OPT period. It is a temporary visa for specialty occupations that require a bachelor's degree or higher, and it is valid for up to six years. The H1-B visa is employer-sponsored, which means that a prospective employee must first secure a job offer from an employer willing to sponsor their visa before they can apply for the visa. The employer will then need to submit an application to the United States Department of Labor and United States Citizenship and Immigration Services (USCIS) to demonstrate that the employer, position, and employee meet the criteria for H1-B status. The H1-B visa has an annual cap of 65,000 visas, with an additional 20,000 visas available for those with advanced degrees.
| Characteristics | Values |
|---|---|
| Visa type | Non-immigrant, temporary employment visa |
| Visa name | H-1B Specialty Work Visa |
| Visa duration | 3 years, extendable for another 3 years for special circumstances; maximum of 6 years |
| Visa cap | 65,000 visas per fiscal year |
| Visa cap exemption | First 20,000 petitions for individuals with a master's degree or higher, and workers in institutes of higher education, government research organizations, or nonprofit research organizations |
| Visa application process | Employer-sponsored; the employer must apply on behalf of the employee |
| Visa application fee | Premium Processing fee for expedited review (optional) |
| Visa application time | Up to 6 months before the desired start date |
| Visa status activation | October 1 each year |
| Visa status change | Cannot travel outside the US while the application is pending or after approval until the status becomes active |
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What You'll Learn
H1B visa requirements
The H-1B visa is a non-immigrant visa that allows US employers to hire non-immigrant foreign workers in specialty occupations that require theoretical or technical expertise in specialised fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine, law, accounting, and more. It is commonly referred to as the "working visa" as it is the most commonly used work visa.
Requirements for the H-1B Visa:
- The H-1B visa is employer-sponsored, which means that the employer must apply for the visa on behalf of the prospective employee. The employer is responsible for submitting the petition to the United States Citizenship and Immigration Services (USCIS).
- The visa is granted for a period of up to six years and can be extended for three years under special circumstances.
- The H-1B visa has an annual cap of 65,000 new visas each fiscal year, with an additional 20,000 visas for those with advanced degrees (MA, PhD) from US institutions.
- The position must require a bachelor's degree or higher, and the prospective employee must have at least a bachelor's degree or its equivalent.
- The employer must demonstrate that they will pay the H-1B employee the prevailing wage for the occupation in the geographic area of employment or the actual wage, whichever is higher.
- The H-1B visa requires an employer-employee relationship where the hiring company has the right to hire, fire, and supervise the employee's work.
- The employee must have their own work permission, such as valid OPT/STEM OPT, until they receive their H-1B visa.
- Certain J-1 Exchange Visitors may be subject to a Two-Year Home Country Physical Presence Requirement and are not eligible for the H-1B visa until this requirement is satisfied or waived by the USCIS.
- The employee must not travel outside the US while their H-1B application is pending or even after it is approved, before it becomes active on October 1.
- The employee must submit all required documentation and evidence with the application, including the Labor Condition Application (LCA) and evidence of their educational background.
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Application process
The H-1B visa is a popular option for international students who wish to remain in the US after completing their studies. It is an employment-based visa, meaning that applicants will need a job offer before they can apply for the visa. The H-1B visa is valid for three years and can be extended for an additional three years under special circumstances.
The application process for the H-1B visa can be complex and requires meticulous preparation. Here is a step-by-step guide on the application process:
Step 1: Find an Employer
Firstly, you will need to find an employer who is willing to sponsor your H-1B visa. Any US-based employer can sponsor the H-1B visa as long as they have an IRS Tax ID Number. The employer will be responsible for submitting the petition and various documents to the United States Citizenship and Immigration Services (USCIS).
Step 2: Prepare Documents
Both employers and employees must submit extensive documentation as part of the H-1B visa application. The employer must provide proof that they will pay the employee the prevailing wage for their occupation and geographic area or their actual wage, whichever is higher. They must also attest to complying with labour requirements, including paying the H-1B worker the promised wage.
Step 3: Submit Petition
The employer will need to submit Form I-129, Petition for a Nonimmigrant Worker, to the USCIS. They may also need to submit an amended petition if there are any significant changes to the employee's job duties or conditions of employment after the H-1B petition is approved. The employer can request premium processing by submitting Form I-907 and paying the filing fee.
Step 4: Approval and Visa Application
If the Form I-129 petition is approved, the prospective H-1B worker who is outside the United States may apply for an H-1B visa with the US Department of State (DOS) at a US Embassy or Consulate. They must also apply to US Customs and Border Protection (CBP) for admission to the United States in H-1B classification.
Step 5: Visa Validity and Extensions
The H-1B visa is typically valid for three years and can be extended for up to six years. To extend the visa, the employer will need to file Form I-129 again and pay the filing fee. H-1B holders may also be eligible for extensions beyond six years under certain circumstances, such as being the beneficiary of an approved immigrant visa petition.
It is important to note that the H-1B visa has an annual cap of 65,000 visas, with an additional 20,000 visas available for applicants with a master's degree or higher from a US institution. This creates a highly competitive process, and it is recommended to consult with an immigration attorney to navigate the complexities of the H-1B visa application process effectively.
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Duration of visa
The H-1B visa is a non-immigrant visa, meaning it does not allow its holder to remain in the US permanently. It is a temporary visa for specialty employment and is commonly referred to as the "working visa". It is valid for a period of three years and can be extended for another three years under special circumstances. The six-year limit was implemented to maintain the temporary nature of the programme.
The H-1B visa is employer-sponsored, which means that your employer must apply for you. You cannot apply for this visa yourself. Your employer will either have staff that will manage your application or will hire a lawyer to manage the process. The employer will complete most of the forms and is responsible for the fees.
The H-1B visa is granted to fill temporary labour shortages in the US job market. To be eligible, the position typically requires a bachelor's degree or higher. The degree requirement is common for the job within the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor's degree.
There is a cap of 65,000 H-1B visas issued each fiscal year. The first 20,000 petitions filed for individuals with a master's degree or higher are exempt from this cap, in addition to workers employed at an institute of higher education, government research organisation, or a nonprofit research organisation.
If you are unable to extend your H-1B visa status, you may be able to remain in the US by changing your status to a different visa type, such as an F-1 student visa, L-1 intracompany transferee visa, or O-1 extraordinary ability visa.
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Sponsoring employers
To be eligible for an H-1B visa, the worker must possess certain skills and qualifications, as well as have a job offer from a US employer. The position must be a specialty occupation, which requires specialized knowledge and skills and typically demands at least a bachelor's degree or its foreign equivalent in that specialty.
The sponsoring employer must register with the United States Citizenship and Immigration Services (USCIS) and pay a registration fee of $215 per beneficiary. The employer provides basic information about the petitioner and each requested foreign worker. The employer must also submit a Labor Condition Application (LCA) to the Department of Labor, agreeing to comply with certain labor requirements, including paying the H-1B worker a wage that is no less than the prevailing wage for similar workers in the same geographic area.
It is important to note that the H-1B visa process is becoming increasingly complex and time-consuming for employers. There is an annual cap on the number of H-1B visas that can be issued each year, with 65,000 visas available for beneficiaries with bachelor's degrees and 20,000 for those with master's degrees. Certain organizations, such as universities, nonprofit entities, and research institutions, are exempt from this cap.
Once an H-1B visa is approved, it is employer-specific, meaning the H-1B status holder can only work for the employer that filed the petition. If the beneficiary wishes to change employers, the new employer must apply for the H-1B visa on their behalf.
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Work eligibility
An H1-B visa is a non-immigrant 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. An H1-B visa is a great way for international students in the United States to stay employed and gain experience in a given field.
To be eligible for an H1-B visa, you must meet certain criteria. Firstly, you must prove an employer-employee relationship where the hiring company can hire, fire and supervise your work. Secondly, the position typically requires a bachelor's degree or higher, which is common for jobs within the industry, or the job is so complex that it requires at least a bachelor's degree.
The H1-B visa is employer-sponsored, meaning your employer must apply for you. You cannot apply for this visa yourself. Your employer will either have staff that will manage your application or will hire a lawyer to do so. The employer will be responsible for most of the fees, except for the Premium Processing fee, which is optional and can be paid by you to expedite the review of your application.
The H1-B visa is valid for a period of three years and can be extended for an additional three years under special circumstances. There is an annual limit of 65,000 new H1-B visas granted each year, with an additional 20,000 visas for those with advanced degrees. The application process can take up to six to seven months or longer.
It is important to note that you will not have H1-B work permission until you return with the H1-B visa. Even after it is approved, the status only becomes active on October 1 each year. Therefore, you will need a form of work authorization that is not H1-B until October 1.
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Frequently asked questions
An H1B visa is a non-immigrant employment-based US visa that allows American companies to temporarily employ degree-level workers in specialty occupations.
An employer must apply for an H1B visa on your behalf. You cannot apply for this visa yourself. Your employer will submit applications to the US Department of Labor and US Citizenship and Immigration Services (USCIS).
International students in the US can apply for an H1B visa if they have a job offer from an employer willing to sponsor them. The job typically requires a bachelor's degree or higher.
An H1B visa is generally granted for three years and can be extended for another three years under special circumstances. The H1B visa duration is limited to six years, but you may be eligible for an extension beyond six years under certain conditions.
