US H1B Visa Details:
The H-1B visa is a nonimmigrant work visa that enables U.S. employers to hire foreign workers with specialized skills for a specific period. Jobs that qualify for the H-1B visa usually require a bachelor’s degree or equivalent and are often in fields such as technology, finance, engineering, architecture, and more.
The eligibility criteria for an H1B visa for Indians:- Job Offer: You need to have a job offer from a U.S. company for a role that qualifies as a specialized occupation.
- Educational Requirement: A minimum of a bachelor's or master's degree from a recognized educational institution is required.
- Licensing: If the position requires it, you must hold an unrestricted state license to work in the specified occupation in the United States.
- Suitability: Your suitability for the position will be assessed based on your education and experience in the specialty.
- H-1B visa: For workers in a specialty occupation.
- H-2B visa: For skilled and unskilled workers.
- H-3 visa: Reserved for trainees.
- H-4 visa: For dependents of H-visa holders, but they are not allowed to work in the U.S.
- L-1 visa: For individuals temporarily transferred to the U.S.
- L-2 visa: For dependents of L-1 visa holders.
- O visa: For individuals with extraordinary abilities in fields like arts, business, or education.
- P visa: For athletes or artists entering the U.S to perform.
- Q visa: For individuals participating in an international cultural exchange program.
- Job Offer: Applicants must have a job offer from a U.S. employer for a position that qualifies as a specialty occupation.
- Specialty Occupation Criteria: The job must require the theoretical and practical application of specialized knowledge.
- Educational Qualification: A bachelor's or higher degree, or an equivalent recognized education in the relevant field from an accredited institution, is mandatory for specialty occupations.
- State License: If applicable, applicants must hold an unrestricted state license allowing them to work in the specialty occupation in the U.S.
- Good Conduct: A good conduct certificate and genuine intentions for working in the USA are essential.
- Work Experience: A minimum of 4-5 years of relevant work experience in the specified occupation is typically required.
- Deep Knowledge: Applicants must possess in-depth knowledge in the required field.
- Professional Certifications: Professional certifications in the relevant occupation are often necessary.
- Regular Pool: 65,000 slots are allocated for the general H1B visa applications.
- Advanced Degrees: An additional 20,000 slots are reserved specifically for applicants with U.S. advanced degrees.
- March 1 : Employers can begin creating H1B registrant accounts at noon US Eastern time.
- March 1 to March 18 : H1B registration period. The registration opens and closes at noon US Eastern time.
- March 25 : USCIS notifies selected entrants.
- April 1 : Earliest date to submit an application for an H1B visa for the respective Fiscal Year if your employer's petition was selected.
Finding an H1B Sponsor/Employer :
- Seek a US employer willing to sponsor your H1B visa.
Electronic Registration for H1B Lottery by Sponsor/Employer :- The employer registers electronically for the H1B lottery.
USCIS Notifies Employers Regarding Registration Selection Results (Lottery Selection Results) :- USCIS notifies employers about the results of the registration.
Employer Files for Labor Condition Approval (LCA) & Submits Form I-129 – H1B Petition to USCIS :- The selected employer initiates the H1B petition process, including filing for LCA.
USCIS Sends the H1B Petition Approval Notices :- USCIS approves the H1B petition and sends approval notices to the employer.
H1B Applicants with Approved Petitions go for Stamping :- Approved applicants go to a U.S. Embassy or Consulate in their home country for visa stamping.
Supporting Documents for H1B Visa Filing :Education Records :
- Diplomas, degrees, training records, and other evidence related to the specialty occupation.
Contract Documents :- Copies and documents proving the contractual relationship between the employer and employee.
Certificates or Affidavits :- Certificates or affidavits from current and previous employers, affirming the employee's recognition and abilities in the occupation.
Documentation of Employer's Validity :- Documents establishing that the petitioner is a legitimate employer in the United States.
Proof of Employer-Employee Relationship :- Documentation demonstrating a clear employer-employee relationship.
Employment Offer Letter :- A formal letter offering employment in the United States.
H1B Visa Validity:- Initially valid for 3 years.
- Can be extended for an additional 3 years.
- Maximum overall validity is 6 years.
Individual visa holders can extend H-1B visa validity by filing for an EB-1, EB-2, or EB-3 before the fifth year ends. To maintain continuity, the candidate should stay with the same company; switching companies requires restarting the procedure.
FAQ
Yes, this is a dual-intent visa that allows you to apply for a green card in the USA if you are ready to stay in the US.
The concerned authorities take almost 15 days to verify the documents submitted. However, the overall time it may take to receive the H1B visa is approximately 5 weeks
Yes, you can extend your H-1B visa. The initial validity is three years, and it can typically be extended for up to six years. To initiate the extension, your employer must complete and submit Form I-129 on your behalf, accompanied by any required supporting documents, and fulfill the filing fee. Keep in mind that H-1B visa extensions beyond the six-year limit are possible in certain circumstances, such as if the individual is in the process of applying for employment-based permanent residency (green card).