The H1B Visa is a nonimmigrant work visa that allows firms in the United States to hire foreign workers for specialist positions that need a bachelor’s degree or higher. Obtaining a H-1B visa has requirements that need to be met by the employer and employee. The main eligibility requirement of an H1B visa is an offer of employment from a US Company that qualifies to sponsor a foreign person to work in the USA.
Foreign employees are vital to the U.S. labor market, particularly in the sectors of science, technology, engineering, and math (STEM). Every year, U.S. firms seeking highly talented foreign workers fight for the pool of H-1B visa numbers made available by USCIS. Due to a low statutory cap on available visa numbers, demand for H-1B visas has begun to exceed the supply, with the annual cap surpassed before the year is over.
We will discuss the visa cap, the steps to apply, eligibility requirements, documents needed, and answer questions about the H1B visa.
What is the H1B visa?
The H1B Visa is a nonimmigrant work visa that allows firms in the United States to hire foreign workers for specialist positions that need a bachelor’s degree or higher. This can include jobs in IT, finance, engineering, architecture, and other disciplines. The H1B visa is called a Person in Specialty Occupation Visa
What is the H1B visa cap?
The H1B visa cap is the total number of H1B petitions that the US Congress can accept in a fiscal year. The H1B visa cap (availability) is currently set at 65,000 visas per fiscal year. According to recent USCIS data, 308,613 H1B registrations were received for FY 2022, with a total of 131,970 selected registrations. The H1B visa cap is limited because of the high demand.
Key points on H1B visa availability.
- The registration period every year is only 14 days long and you will not be eligible to apply for an H-1B visa if you do not register and your occupation is not excluded from the cap.
- There are an additional 20,000 H1B visas available for people with a master’s degree or above from a U.S. university.
- The visa cap does not apply if your sponsor is an institution of higher education, a nonprofit organization affiliated with an institute of higher education, or a government research organization.
- You must register with USCIS electronically to enter a lottery if your occupation is subject to the cap and you want to file for an H-1B visa.
Who can petition for an H1B Visa under the regular cap?
This is the most basic cap, often known as quota/non-advanced degree quota or cap/non-advanced degree cap and includes those who do not qualify for the master’s degree exemption.The number of petitions per fiscal year is capped at 65,000.
What is the H1B Advanced Degree Cap, and what are the qualifications?
The H1B Advanced Degree Cap, known as the master’s quota, master’s cap, or master’s degree cap, is a separate lottery for those with advanced degrees from eligible institutions in the USA. The annual H1B petition cap for applicants holding a Master’s degree from a US university is set at 20,000 per year.
What does H1B Visa Cap-Exempt mean?
H1B Visa Cap-Exempt status allows certain employers to file an H-1B petition with the USCIS at any point during the fiscal year, regardless of the fiscal year restriction. Exempt from the H1B cap are universities and affiliated nonprofit entities, nonprofit research organizations, or government research organizations.
What is the H1B visa lottery?
The H1B lottery uses a “random selection technique” to choose the required number of H1B Visa applicants from a broader pool of applicants in the H1B lottery. The lottery is used to pick enough candidates to meet the H1B Cap of 65,000 for Regular and 20,000 for applicants holding a Master’s degree from a US university.
What are the requirements to apply for an H1B Visa?
A petitioner (the employer) and a beneficiary (the employee) are required for H-1B visa petitions. A minimum of one of the following requirements must be met by the beneficiary.
- Have a bachelor’s degree (or above) from an approved university in the same field as their specialty occupation.
- Hold a foreign degree in the same field as the specialty occupation that is equal to a bachelor’s degree or higher.
- In the planned state of work, you must have an unrestricted state license registration or certification in the specialty occupation field.
- Have a bachelor’s degree or higher in the specialty, with verified and recognized education, experience, or training.
What are the steps in the H1B Visa application process?
There are 7 steps to H1B Visa Application Process.
- The US employer must get an approved Labor Conditions Application (LCA) from the US Department of Labor (DOL).
- File I-129 petition (H1B visa application form) and Pay the H1B visa application fee.
- Wait for the Form I-797 approval notice.
- After I-129 has been approved, Fill Form DS-160 Online Nonimmigrant Visa Application
- Make an appointment and attend the H1B visa interview
- Get fingerprinted for H1B visa at Visa Application Center (VAC)
- Get H1B visa stamped
What will happen at the H1B Visa interview?
The H1B visa interview process is the last step in the application process before the visa is granted. The applicant will be asked questions about themselves, their qualifications, and the company where they will be working. The interview will take place at the nearest consulate, as indicated on the Notice of Action (I-797). Form I-797, Notice of Action, is a letter from the USCIS sent to applicants for a US Visa. This I-797 notice of action will either confirm that the US government has received the application or it will contain the officer’s decision to approve an application or petition.
What is H1B Visa stamping?
H1B Visa stamping is a process of getting the H1B visa stamp which will allow the employee to enter the country. Having the H-1b visa stamp means the US government endorses your visa. Stamping takes place once the H1B visa petition has been granted. The applicant will need to make an appointment for the interview and stamping.
What documents are required for H-1B stamping?
These documents are required for H1B visa stamping.
- Copy of the Labor Condition Application (LCA)
- Original Form I-797 approval notice
- Copy of the signed I-129 petition
- A valid passport, which must not expire for at least six months after the H-1B visa expiration
- Medical examination documents
All fees must have been paid and there must be a current job start date.
What is H1B Visa dropbox stamping?
H1B Visa dropbox stamping refers to when you apply for a US Visa renewal and you meet certain criteria, you can get it stamped in your passport without attending an in-person visa interview. This kind of visa stamping process is called the ‘Interview Waiver’ option and is popularly called the ‘US Visa Dropbox Stamping’.
How long is the H1B Visa processing time?
The H1B Visa processing time varies greatly depending on the decision of USCIS once an employer has completed the preliminary steps and filed an H-1B case petition (on Form I-129). Some candidates have received permission in as little as 30 days, while others have had to wait considerably longer, perhaps 6 months. Check the USCIS case processing times for current timelines.
What is H1B Visa Premium Processing?
H1B Visa premium processing is an option for processing the petition within 15 days. For individuals who choose to use this service, the USCIS guarantees processing within 15 calendar days, or they will refund the premium processing service charge and continue with expedited processing.
Once USCIS receives Form I-907, Request for Premium Processing Service, the 15-day period will commence. During that 15-day period, they will issue an approval notice, rejection notice, notice of intent to refuse, or request for evidence, or launch a fraud or misrepresentation inquiry. A new 15-day period will begin once a complete response to the evidence request or notice of intent to refuse is received if the petition calls for more evidence or a response to a notice of intent to reject.
What are the reasons for an H1B Visa denial?
Reasons an H1B Visa petition could be denied, according to a report on reasons approvals were not issued for H-1B petitions in FY 2018 published by USCIS, are included below.
- Specialist Profession – The petitioner failed to show that the position qualifies as a specialty occupation under section 214(i)(1) of the Act and 8 CFR 214.2(h)(4)(ii) and/or that it fits at least one of the four requirements set out in 8 CFR 214.2(h)(4) (iii).
- Employer-Employee Relationship – The petitioner failed to establish that they had a valid employer-employee relationship with the beneficiary for the duration of the requested validity period by having the right to control the beneficiary’s work, which may include the ability to hire, fire, or supervise the beneficiary.
- Work Availability (Off-Site) – The petitioner failed to show that the beneficiary had specified and non-speculative qualifying assignments in a specialty employment for the total amount of time asked in the petition.
- Beneficiary Qualifications – According to 8 CFR 214.2(h)(4)(iii), the petitioner failed to show that the beneficiary was competent to conduct services in specialty employment.
- Maintenance of Status – The petitioner failed to show that the beneficiary maintained their present status in a proper manner. This category reflects a variety of reasons why a status may or may not have been maintained.
- Work Availability (In-House) – The petitioner failed to show that the beneficiary has specific and non-speculative qualifying assignments in a specialty occupation for the duration of the petition.
- Labor Condition Application (LCA) Corresponds to Petition – The petitioner failed to show that they received a properly certified Labor Condition Application (LCA) that corresponds to the proposed position and terms of the Petition.
- AC21 and the Six-Year Maximum – The petitioner failed to show that the beneficiary was qualified for AC21 benefits or that he or she was otherwise eligible for an H-1B extension, even though the H-1B program looked to have reached its six-year limit.
- Itinerary – The petitioner failed to follow 8 CFR 214.2(h)(2)(i)(B), which requires petitioners to submit an itinerary with a petition requesting services performed in multiple locations. The dates and places of the services to be provided must be included in the itinerary.
- Fees – The petitioner failed to show that they had paid all of the necessary H-1B filing fees.
What is an H1B Visa Request for Evidence?
An H1B Visa Request for Evidence (RFE) is issued when USCIS needs extra evidence to make a decision on a case, especially proof of a valid employer-employee relationship. The USCIS It will either be received via mail, or the case status tool can be checked for an outstanding RFE online. The RFE will state the time to respond, usually 60 days. This deadline cannot be extended so it is crucial to address every issue in the RFE in the response.
How long is an H1B Visa valid?
An H1B Visa is valid for a maximum stay of six years. The initial stay length for H1B visa holders is three (3) years, with extensions of up to three (3) years available after that.
What is the process for extending an H1B Visa?
The process for extending an H1B visa is identical to the initial H1B petition package, including required filing fees, new H forms, new LCA, new employer letter, photocopy of the H-1B approval notice from the original petition, as well as the other supporting documents. The request for an extension can be made up to six months before the H1B status is set to expire.
The employer will be responsible for filing Form I-129 on behalf of the applicant and submitting it together with all required papers. Along with the I-129, they must submit a new Labor Condition Application (LCA) for an extension beyond the initial three-year period. By law, timely filing of a request for an extension secures the foreign national’s legal status and ability to work for the sponsoring employer for a period of 240 days after the H-1B status expires.
What happens to an H1B Visa in the case of quitting or getting fired?
An H1B Visa holder if they lose their job they, in turn, lose their legal status in the United States, as legal status is contingent on ongoing employment with a U.S. company. Legal status is effectively terminated after the employee is fired or quits. The employer is legally required to notify USCIS that the worker is no longer employed there. Petition approval will then be revoked and there are penalties for unlawful presence.
What is the difference between H1B Visa and Green Card?
The difference between H1B Visa and Green Card is H1B visas are for persons who are in the United States temporarily, usually for job while green cards are for permanent residents who are not citizens. H1B visa holders, who are in the United States as “guests,” have fewer rights and advantages than green card holders.
What is the process for going to Green Card from H1B Visa through an Employer?
The process for going to Green Card from H1B Visa has the following steps.
1: Submit a PERM Labor Certification application. In your name, your employer must apply for PERM (Permanent Labor Certification), which includes the following:
- wage determination.
- demonstrate that no qualified Americans are available for the job.
- complete the ETA 9089 (PERM Application) form.
2: Submit Form I-140, Immigration Petition for Alien Worker, once the PERM certification is issued. USCIS will then assign a priority date.
3: Submit Form I-148, Application to Register Permanent Residence or Adjust Status after your term expires. The customs office will stamp your passport with your new status as a Green Card Holder after it has been approved.
Can an H1B Visa holder bring their family to the U.S. with them?
Yes, an H1B Visa holder can bring their family to the U.S. with them. H-4 visas allow an H-1B worker’s spouse and children to follow him or her to the United States under US immigration rules. Each member of the family must secure their own H-4 visa. An H-1B worker’s son or daughter who is both unmarried and under the age of 21 is considered a “child” for the purposes of the H-4 visa.
What is an H1B Visa amendment?
An H1B Visa amendment is required when the terms and conditions of an H1B worker’s employment change significantly. Any major change to the terms and conditions of the H1B worker’s employment is considered a material change. The following are examples of major changes that might necessitate an employer filing a revised H1B petition:
- The H1B employee’s workplace moves to a location outside of the metropolitan statistical area (MSA) or “region of intended employment.”
- The H1B employee’s workplace shifts to a worksite location, necessitating the employer’s certification of a new Labor Condition Application (LCA).
- Changes have been made to the H1B worker’s job terms and circumstances.
What is the main difference between H1B Visa and Green Card?
The main difference between Green Card and H1B Visa is that they are two different types of immigration status for people. Green Card allows someone to live and work in the U.S. as a permanent resident, with many benefits. An H1B Visa is a non-immigrant Visa that allows a foreign national to live and work in the U.S.
How to get a Green Card from H1B Visa?
A person can get a Green Card from H1B Visa by having the company they want to work for initiate the process. The employee cannot begin the Green Card application process but will file a change of status along with their employer’s petition.
How Do I Get an EB-5 Visa from H-1B Visa?
Getting an EB-5 Visa from H-1B Visa is done through investment and job creation in the United States. The USA EB 5 Visa is a unique employment-based immigrant visa that allows for permanent residency without the need for employer sponsorship. The main requirements for obtaining an EB-5 Visa from H-1B Visa are minimum investment in a US enterprise and job creation for at least 10 full-time American workers. You and your dependents are then granted an initial 2-year Conditional Green Card with a successful EB5 Visa application. After fulfilling the investment and employment creation criteria of the US Immigrant Investor Visa Program, you become a Lawful Permanent Resident (LPR) and are able to stay and work in the United States indefinitely.
Can an H-1B Visa Holder Apply for a Personal Loan in the US?
Yes, as an H-1B Visa holder, you are allowed to apply for a Personal Loan in the US. An H1-B Visa Personal Loan can be used for urgent purchases, house renovations, or other pressing needs. Getting a Personal Loan is an excellent approach to establishing and building credit in the US as a foreign worker. American lenders commonly have Personal Loans available at lower interest rates for H-1B workers which can significantly enhance your savings. The top lenders for the Best Personal Loans for H1B Visa Holders include Upgrade, SoFi, and Stilt.
Do I Need an H1B Visa Attorney to Apply for an H-1B Work Visa?
Yes, we recommend that you hire an H-1B Visa Attorney (Lawyer) when applying for a US H1B Visa considering the processes that you need to go through and the requirements that you have to meet. An H1B Visa Attorney is well-versed in the U.S. Immigration and Nationality Law with a practice that is focused on helping foreign specialty occupation workers. An H-1B Attorney (Lawyer) is not only necessary when filing your initial application, but also when you need to renew or extend your US Work Visa, change status from H-1B to another visa, or adjust your status to permanent residency. When looking for an H1B Visa Attorney, make sure that they have lengthy years of experience working with foreign workers from your country and have successfully helped H-1B applicants obtain their visas. You’d want to hire an H-1B Lawyer who communicates well and listens to your concerns so that you’re confident that your case is being handled expertly from start to finish.
What Happens if You Lose Your Job While on H1B Visa?
Your legal status in the US will be significantly impacted if you lose your job while on an H1B Visa. Losing your job on H1B occurs during a layoff, resignation, termination, or change of employers. You don’t lose your H1B status immediately after unemployment since you have a 60-day grace period to look for a new employer, change your visa, or adjust your status in the USA. Should you be unable to accomplish any of these, you will need to leave the USA after the H1B 60-day grace period is over in order to avoid accruing days of unauthorized presence after Losing Your Job on H1B Visa.
What to Know About H1B Employment Termination?
As an H-1B worker, you need to know about the rules and considerations when it comes to H1B Employment Termination. These rules generally govern your U.S. employer and are enforced by USCIS and the Department of Labor (DOL). Regulations from these agencies require your employer to give you a notice of termination and to offer to pay your travel costs back to your last country of residence with an H1B layoff. Additionally, USCIS must be notified of the employment termination for a bona fide termination to occur. You can submit a complaint with USCIS if you believe that your employer is not fulfilling their obligations to pay your transportation costs back to your home country after the H1B Employment Termination. You can also file a complaint with the DOL’s Wage and Hour Division if your U.S. employer does not comply with the appropriate wage payment obligation until bona fide termination has occurred.
What are Your H1B Visa Alternatives to Work in the USA?
There are other US Visas that you can apply for to work in the United States aside from the H1B Visa. Knowing your H1B Alternatives is important in case you lose your job while on H-1B or you do not get selected in the H 1B lottery. Your top H1B Alternatives include temporary work visas such as L-1, O-1, and E Visas, student visas such as F-1, and employment-based immigrant visas such as the EB-5 Visa. Among these options, the US EB5 Visa lets you stay and work permanently in the USA even without employer sponsorship. Another option is for you to apply for a work permit as a dependent of a nonimmigrant visa holder.