The H-1B Visa is a non-immigrant work visa that allows U.S. companies to employ foreign workers in specialty occupations requiring technical expertise. Here's a detailed breakdown of the procedure and requirements:
H-1B Visa Procedure
Step 1: Employer Sponsorship
The H-1B visa requires a U.S.-based employer to sponsor the applicant.
The employer must offer a job in a specialty occupation (e.g., IT, engineering, healthcare).
Step 2: Prevailing Wage Determination
The employer must ensure the offered salary meets or exceeds the prevailing wage for that job in the specific geographic area.
Step 3: Filing the Labor Condition Application (LCA)
The employer submits the LCA (Form ETA-9035) to the U.S. Department of Labor (DOL).
The LCA certifies:
The job meets prevailing wage standards.
Hiring a foreign worker won’t negatively impact U.S. workers.
USA, H-1B VISA
Procedure and Requirements
Step 4: Filing Form I-129 (H-1B Petition)
Once the LCA is approved, the employer files Form I-129 with U.S. Citizenship and Immigration Services (USCIS).
Required documentation includes:
Approved LCA.
Job offer letter.
Proof of the employee’s qualifications.
Step 5: H-1B Lottery (If Applicable)
For first-time applicants, the H-1B visa is subject to an annual cap (85,000 visas: 65,000 general + 20,000 for U.S. advanced degree holders).
If the number of applications exceeds the cap, a lottery system is used to select petitions randomly.
Step 6: Approval and Visa Stamping
If the petition is approved, the foreign worker can apply for an H-1B visa at a U.S. consulate in their home country.
Attend a visa interview and provide supporting documents (approval notice, passport, etc.).
Step 7: Entry into the U.S.
Once the visa is issued, the applicant can enter the U.S. to work for the sponsoring employer.
Requirements for H-1B Visa
1. Job Requirements
The job must be a specialty occupation, typically requiring:
A bachelor’s degree or higher in a specific field of study (e.g., IT, engineering, finance).
2. Applicant Qualifications
The applicant must meet at least one of the following criteria:
Hold a U.S. bachelor’s degree (or equivalent foreign degree) in the required field.
Have an unrestricted state license to practice in the specialty occupation (if applicable).
Possess specialized knowledge, skills, or equivalent work experience.
3. Employer Requirements
The employer must:
Be a legitimate U.S.-based entity.
Prove the need for hiring a foreign worker.
Comply with DOL regulations (wages, working conditions).
4. Documentation Requirements
For the Employer:
Job offer letter.
LCA approval.
Evidence of the employer-employee relationship.
For the Employee:
Passport (valid for the duration of the visa).
Educational qualifications (degree certificates, transcripts).
Work experience letters.
Proof of specialized skills (certifications, training).
H-1B Visa Validity and Extensions
Initial Validity: Up to 3 years.
Extension: Can be extended for up to 6 years.
Extensions beyond 6 years are possible under certain circumstances (e.g., pending green card application).
H-1B Cap-Exempt Categories
Some applicants are not subject to the annual cap, including:
Jobs at U.S. higher education institutions.
Jobs with non-profit or government research organizations.
Key Points to Note
Dual Intent Visa: The H-1B allows the worker to apply for a green card while on the visa.
Dependents (H-4 Visa): Spouses and children under 21 can accompany the H-1B holder on an H-4 visa.
Portability: H-1B workers can transfer to a new employer without leaving the U.S., provided the new employer files an H-1B petition.
How ConsultME Can Help
Profile Evaluation: Determine eligibility for an H-1B visa.
Employer Connection: Assistance in finding potential sponsors.
Document Preparation: Ensure all paperwork is complete and accurate.
Visa Interview Guidance: Prepare you for the visa interview process.