Requirement and Processes of getting the H1B Visa

What is an H1B Visa?

H1B visa is a nonimmigrant type of visa designed for professional individuals that want to work in the USA. With this type of visa, U.S based organizations are able to hire foreign workers to occupy some highly skilled positions. Mostly, the occupations for the H1B visa include Information Technology (IT), Finance, Science, and Engineering.

Applicants for this type of visa are selected randomly from a registration pool by the United States Citizenship and Immigration Services (USCIS) department. The reason for using this method of application is due to the high number of applications received as opposed to the annual stipulated numeric limit.

There are two lotteries. The first lottery selects 65,000 applicants randomly, while the second lottery adds an additional 20,000 with an advanced degree.

H1B Visa Requirements

Applicants for the H1B visa need to meet certain criteria for eligibility. In addition, applicants must meet certain job requirements that qualify the work as a specialty occupation.

Below, we discuss the requirements for the H1B general visa as well as the H1B specialty occupation requirements.

H1B Visa Requirements for Applicants

In general, H1B visa applicants must meet certain academic requirements and possess the relevant skills that will fit certain specialty roles.

Inadvertently, one of the following conditions must be met:

1. Applicant must hold a bachelor’s degree or higher from a recognized U.S. institution or college.
2. Hold a foreign degree as required by the specialty job from an institution outside the U.S. In this case, the degree must be equivalent to a bachelor’s degree or higher in the U.S.
3. Applicants must be holders of a state license allowing them to practice that occupation.

H1B Specialty Occupation Requirements

A job may qualify as an H1B specialty occupation if it meets one of the following criteria:

1. A bachelor’s degree or higher is required as an entry-level requirement.
2. The job needs to be complex so that only individuals with degrees can perform it.
3. The nature of the duty is so specialized that exciting it requires that an individual undergoes a degree program or higher
4. A bachelor’s degree is a typical requirement by the employer.

H1B Visa Application Fees

The following are the associated fees for the H-1B visa and the parties responsible for the payment.

How to Apply for an H1B Visa

The steps involved in applying for an H1B visa include the following:

• LCA Certification
• Petition Filing
• Visa Application

Let’s shed some light on the above.

LCA Process

The first thing to do before filing an H1B visa application is for the employer to complete the Labor Condition Application (LCA). The employer needs to submit Form ETA-9035 to the U.S Department of Labor (DOL).

The application is supposed to be submitted not less than 6 months before the employment start date, and this can be done electronically.

After submission, the DOL will review the application and give feedback within 7 working days. Once employers have gotten certified LCAs, they can go ahead and file the H1B petition for their prospective employees.

H-1B Petition Filing Process

The filing process involves employers submitting Form I-129 Petition on behalf of a nonimmigrant worker to USCIS. This is to be done along with the certified LCA obtained from DOL.

All necessary information as well as supporting documents to prove the eligibility of the employee and the employer needs to be included.

Once the petition is approved, the next step is to apply for the visa.

Applying for H-1B Visa

This step depends on whether the employee resides in or outside the U.S.

For prospective workers outside the U.S., the visa application can be done at a U.S. embassy or consulate. In this case, the prospective worker needs to fill out Form DS-160 online as well as pay the required application fees.

Finally, the worker will need to apply for admission in the H-1B status with the U.S. Customs and Border Protection (CBP).

For those in the U.S, the process is rather straightforward. Once the petition is approved, the worker needs to take the approved I-129 to CBP for entry at any U.S port.

Also, the worker will need to fill out Form I-94 Arrival and Departure Record which will enable him or her to enter the U.S legally as an H-1B visa holder.

Frequently Asked Questions

What H-1B Visa means?

The H-1B visa is a special category of temporary visa (non-immigrant) that allows employees to file a petition for foreign professionals to occupy certain “specialty positions” in their organizations. These positions usually require a bachelor’s degree or higher, and hence are reserved for highly educated foreign professionals.

Who is eligible for H-1B visa?

To be eligible for an H-1B visa, foreign professionals must possess a minimum bachelor’s degree from a recognized U.S. university or college or its equivalent from a foreign institution.

How difficult is it to get H-1B visa?

It is difficult to an H-1B visa because, first and foremost, you will need a company in the U.S to hire and be willing to sponsor you. Because of the fierce competition for jobs in the U.S, the demand for this visa is getting higher every day. Furthermore, there’s an annual number stipulated for this kind of visa.

Is H-1B visa a green card?

Yes. The H-1B visa can be said to be a dual-intent visa because it allows holders are eligible for permanent residency when they apply for a green card. For those interested in staying in the U.S, you are advised to start the application process soon enough.