Learn More: H1B Visa
If you are not a United States citizen but you work for a company based in the U.S., you may be eligible to live and work in the U.S. on an H1B visa. You might be able to get a H1B visa if your employer can prove that there is a shortage of U.S. citizens that can do your job in the U.S. In order to get an H1B visa, your employer will have to sponsor you.
What is the H1B Visa?
The H1B visa is not an immigrant visa. It’s a temporary visa that allows the visa holder to stay in the U.S. and work for two three-year allotments (six years total). This is different from a Green Card because a Green Card gives card holders an unconditional 10 year permanent residency status, whereas H1B visa holders can only stay in the U.S. as long as they are working. As an H1B holder, you do not have lawful US permanent residence, therefore in the eyes of USCIS, you are not a resident alien.
Under the H1B visa, employers in the United States can hire employees from other countries for “specialty” jobs. “Specialty” jobs refers to most jobs that require a bachelor’s degree in order to perform. For example, it is common to get an H1B visa for teachers, nurses, engineers, and architects, and many other professions that require a four-year degree in order to perform.
Who is eligible to apply for the H1B Visa?
Here are the requirements for coming to the U.S. on a H1B visa:
- You have a job offer from a U.S. employer for a role that requires specialty knowledge
- You have a bachelor’s degree or an equivalent
- Your employer can prove that there are not enough qualified applicants for the role in the U.S.
You are not eligible for the H1B Visa if:
- You do not have a four-year bachelor’s degree
- You are not work a job that requires a four-year bachelor degree in order to do
All About the H1B Visa
The H1B visa is in very high demand, so there is an H1B visa cap. This refers to the number of H1B visas that are able to be issued every year. The cap on H1B visas is currently set at 65,000 visas per fiscal year. However, if you have a master’s degree from a U.S. institution, there are an extra 20,000 visas that are available to you.
Currently, your employer must apply for the H1B visa on your behalf by entering a lottery. However, there is talk about getting rid of the lottery for the H1B visa. Instead, priority will be given to the salary and the skills instead of the lottery procedure currently in place.
Please note that if your employer who is sponsoring you for the H1B visa is a nonprofit organization, an institute of higher education, or a government research organization, the visa cap does not apply.
However, if your employer does fall under the H1B cap, you will need to register with the United States Citizenship and Immigration Services (USCIS) website in order to enter an electronic lottery. Alternatively, your representative or attorney can create an account and register on your behalf.
You are only able to register for 14 days each year. The H1B application deadline for 2021 and 2022 have both already passed. The H1B application for 2022 closed in March 2021, so it is likely that you will be able to register for the H1B visa 2023 lottery in March 2022.
How much does it cost to file the H1B Visa?
The H1B cost is a little pricey and confusing, so bear with us!
For starters, the only time that you, the employee, will have to pay is if you want to expedite the H1B processing time. Even then, your employer could alternatively pay the fee. It costs $2,500 and guarantees a 15 day processing time, instead of the usual H1-B processing time of 3-12 months. To use this feature, you must complete Form I-907 along with the $2,500 fee. Again, the $2,500 is optional.
The fees your employer will have to pay for your H1B visa are as follows. There is a $10 non-refundable fee for each H-1B registration submitted by your employer who is petitioning on your behalf.
The base fee for filing the H1B visa is $460. This is for the I-129 Form, which we will talk more about later.
There is also an American Competitiveness and Workforce Improvement Act (ACWIA) Training Fee. For employers who have between 1-25 full-time workers, the ACWIA training fee will be $750. For employers who have 26 or more full-time employees, the fee will $1,500. Nonprofit organizations and educational institutes may be exempt from paying the ACWIA fee.
Employers who are petitioning for an employee for the first time will also have to pay a $500 Fraud Prevention and Detection Fee.
Companies with more than 50 employees with over half on H-1B or L1 status may also have to pay a Public Law 114-113 Fee of $4,000.
How long does it take to process the H1B Visa?
The H1-B processing time is 3-12 months. If you or your employer pays an expedited processing fee of $2,500, this wait time will be guaranteed shortened to 15 days.
Can I Apply for an H1B Visa Online:
You may apply for the H1B visa online. In order to apply for the H1B online, you must first create an account on the USCIS website. You will need to have your employer petition on your behalf to receive the H1B visa.
How Do I Apply for the H-1B Visa:
Once a U.S. company hires you and agrees to sponsor you for the H1B visa, they will have to submit a Labor Conditions Approval (LCA) to the Department of Labor (DOL). This tells the DOL about the different factors of your job such as pay, location, and conditions. By completing the LCA, the employer attests to the government that you will earn a living wage. Your employer can submit the LCA online.
After your employer submits the LCA, they will need to fill out the I-129 Form, otherwise known as the “Petition for a Nonimmigrant Worker.” They can fill out Form I-129 online.
Your employer must include the fees and all requested documents when they send in Form I-129. After your employer sends in Form I-129, you will have to complete the application at the U.S. embassy or consulate in your home country. Getting an H1-B visa stamp at a US embassy outside of the US is known as “H1B consular processing.”
Required Documents for the H1B Visa:
The following are all the required documents for the H1B visa:
- I-129 Petition
- Approved Labor Condition Application
- Copy of your resume Make sure it is updated
- Copy of job offer Make sure this includes the job description
- Proof of your bachelor’s degree
- A copy of your passport
- Proof of prior employment
- Proof of your existing certifications or accomplishments
- A letter from the registrar to certify completion of educational credits
- A copy of any educational or technical degrees you have
- A copy of your transcripts
- A letter from your current employer
Make sure to include the copies of all documents requested, not the actual documents!
Tips for Applying for the H-1B Visa:
As you know, applying for citizenship is a long process, and it’s imperative that you get every detail correct on your application. If you mess up anything on your application form, they may not accept it.
The following are some tips for applying for the H1B visa:
When applying for a job in the U.S., make sure that the employer hiring would be willing to sponsor you. Otherwise you might be hired for the job only to realize that the employer is not willing to help you move to the U.S.
Make it clear from the start of your job application process that you will require sponsorship to enter the US. Many employers will ask this themselves when the applicant is completing the job application, but if they don’t, you should bring up the topic yourself.
Sign all forms in black ink
Complete all sections within the Petition for a Nonimmigrant Worker (Form I-129)
Write clearly and legibly! Make sure every part of all forms are easy to read.
Sign everything! Make sure to sign everything that requires a signature.
How does applying with iVisa.com work?
iVisa.com is here to help with every part of the process of applying for any visa. We know applying for a visa can be a difficult process. If you apply for your visa with iVisa.com, you can expect:
- Online forms with easy-to-understand language. Our application forms make complex government language less complicated and easy to understand.
- A team of experts to review your documents. We will look over your entire application before submission to make sure your application is free of any mistakes.
- 100% government compliant photos. Our photo service will help you get exactly the right photo. Instead of having to go somewhere to have a professional photo taken, simply take a selfie and send it to us. Our experts will ensure it meets the correct requirements for your visa type.
- Guidance every step of the way. Our 24/7 customer service team is always available to help you on your application journey.
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