Overview of H1B

The H1B visa (also commonly know as H1 Visa) is a non-immigrant employment based visa for workers coming to the USA to perform a specialty occupation. H1B is an employer sponsored visa, an employer must offer a job and apply for H1 visa petition with US immigration dept. This approved petition is a work permit allows a foreign worker to get visa stamp and work in USA for that employer. The H1B status allows foreign workers to work in the USA for a maximum of six years. It is granted for three years and can only be renewed once for an additional three years. Quotas are set every year for the H1B visa by the government.

The employer must file the petition on the individuals behalf. An employer can be an individual, partnership, or corporation. Applications are for a specific job only. The visa is only valid for work with the employer that filed the original petition. If applicant changes job or location of the job a new H1B visa petition must be filed.
 

Qualification for H1B

The H1B visa is for workers coming to the USA to perform a specialty occupation. H1B is an employer sponsored visa, an employer must offer a job and apply for your H1 visa petition with US immigration dept.

A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty. Occupation like Engineers, Doctors/Physicians, Managers, Financial Manager, Analyst, Business Managers, Sales Managers, Art , entertainment, Lawyers, CPA, Architect, Health Care professionals, Technicians etc. may qualify for specialty occupations.


Education requirements

To qualify for the H-1B visa category, the prospective H-1B employee must hold a U.S. bachelor's or higher degree, or the equivalent.  Employee must prove that his/her education is equivalent to the minimum requirements of a U.S. bachelor's degree. Sometimes work experience can be substituted for part of a degree. If the foreign degree is 3 years bachelor's degree , work experience in same or similar field /occupation can be considered equivalent to one year additional education to make to 4 year of equivalent US degree. There are organizations that specialize in certifying your credentials.

In addition to the academic qualifications, the individual must be fully qualified to lawfully perform the duties of the position offered. In occupations that require licensure or professional credentials (e.g., doctor, dentist, attorney, CPA, architect, registered nurse), the individual must already hold such qualification before the H1B visa petition can be filed. Also, the job in question must require a four-year degree. H1B visa will be denied if the applicant has a four-year degree but the job does not require one.

Spouses and children under the age of 21 may be eligible to come to the U.S. for the duration of the H1B's authorized stay and will be granted H-4 visas.  See H4 Visa for details.

How to get H-1 B Visa:
 

For Employee (or Applicant)

1. Make sure you have a valid passport from your country
2. Find a qualified job in the USA that will sponsor H1B visa - See above
3. US employer will file H1B petition for you - See below
4. Get the  visa stamp on your passport - A visa stamp can be obtained at any United States consulate in your home country.  Procedure to get an appointment for visa stamping purpose varies for each country. 
5. Get Your Ticket - After the the visa stamp the applicant can get a ticket. Travel agents require the visa in order to issue the tickets
6. Come to the United States - Welcome Aboard. 

1. Prospective employers must obtain a Labor Condition Application (LCA) and have it certified by the U.S. Department of Labor before the H1B petition can be filed.
2. The prevailing wage and actual wage must be determined and compared. The prevailing wage is determined by the State Employment Security Agency by completing a form that asks the employer for the responsibilities, skills and experience needed for the job. The actual wage is determined by comparing other workers in the same positions with the same level of experience. The employer is required to pay the higher of the prevailing wage and actual wage.
3. The LCA can be submitted after the prevailing wage has been determined. LCA is a two-page form that contains information about the employer. By completing and signing the form, the employer is agreeing to pay the higher of the two wages, that the employment of this individual will not adversely affect the conditions of other workers and that there is no strike for their occupation at the workplace. The employers must also agree that they will offer H1B visa holders the same benefits such as health, life, medical, retirement, stock options and bonuses that they offer their other employees.  The form can me mailed or faxed to the Department of Labor (DOL).
4. The employer must post notices at two conspicuous places at their business of the H1B filing for ten days or provide notice of the filing to the collective bargaining representative for their employees. The LCA form can also be used for the actual posting.
5. After the DOL accepts the LCA, then the employer can file an applicants H1B petition. If the applicant is out of the country, the INS will send notification of the  approval to the U.S. consulate in applicants country and applicant can apply there using the I-129 form. Applicant must provide supporting documents in his/her petition such as the accepted LCA, a letter from employer describing the position, educational transcripts etc. The employer must include the fee for the petition.
6. Employment can only start after the INS has issued the appropriate visa. Processing times vary (it can take 3- 4 months) depending upon service center and the visa. If the employer can show an urgent need for the employee, INS might approve the petition sooner.

Note: The employer is responsible for the employee's return trip home incase the employment is terminated.
 

Please contact an Immigration Attorney for any specific question or your can ask on a question on the discussion board on this site.

Advertise to Indian Community in USA

To advertise on this site or our local portals please contact us at 425-443-2067