This Visa is applied for by an employer who seeks to hire a qualified foreign worker and bring them to the United States. The worker, or the beneficiary, must have specialized skills making him or her more suitable to the work than an American candidate. Once the United States Customs and Immigration Services (USCIS) approves the H1-B petition, the foreign worker will receive the visa stamp at the US embassy in his home country, or can have his status changed if he is already in the US.
- The beneficiary does NOT need to come from a treaty country, like applicants for E visas.
- The job the beneficiary seeks to fill must be a “specialty occupation”. This usually requires a bachelor’s degree or higher or an advanced training certificate. In sum, the position must be professional.
- Examples of these jobs include engineers, professors, medical workers, scientific researchers, attorneys, accountants, software designers, coders, attorneys and architects. This list is not exclusive and the team at VISAS-USA can give further guidance.
- The education requirements – that the beneficiary hold a bachelor’s degree or higher – can sometimes be replaced by work experience, though significant experience is required.
- The US Department of Labor also scrutinizes the hiring company, which must submit an LCA (Labor Condition Application).
- The foreign visa holder must be paid the prevailing wages an American would earn for the same work. The employer must demonstrate an ability to pay.
- The number of H1-B visas, unlike many other visas, is capped by law. No more than 65,000 of these visas may be issued each year. There are some exceptions. Beneficiaries holding a Masters degree or higher are exempt from the cap, if they are among the first 20,000 petitions considered. University employees and non-profit employees are exempt from the cap numbers.
What are the benefits of an H-1B Visa
- H-1B visas are initially be granted for up to three years, during which time the visa holder may travel freely in and out of the U.S.
- An H-1B visa can be renewed for another three years, but usually cannot extend past six total years.
- The spouse and minor children of an H-1B visa holder are eligible for visas, but the spouse is not granted permission to work.
- H-1B visas are “dual intent”, meaning the visa holders can apply for Green Cards.
H-1B visa applications are complicated and incredibly sensitive to timing and deadlines. The US Government demands demonstrable proof that the foreign worker really brings special knowledge, skills, or talent to a position that cannot be filled by an American. Nonetheless, it is an ideal visa for a talented foreign worker who is the right fit for a position with an American employer.
H1B Visa Fees
Filing Fee Regular –
- $1,710 (For Petitioners Who Employ Less Than 25 Employees)
- $2,460 (For Petitioners Who Employ More Than 25 Employees)
Filing Fee Premium –
- $4,210 (For Petitioners Who Employ Less Than 25 Employees)
- $4,960 (For Petitioners Who Employ More Than 25 Employees)
"I am indebted to VISAS-USA for their great work in getting my O Visa."Karina Vence, Dinastia Market
"The VISAS-USA team did everything possible to get my Permanent Residency through a National Interest Waiver application."Jorge Becerra, Piloto
"The advice of VISAS-USA was essential to establish the best strategy to achieve it."Facundo Bermejo, eVent Medical
How does an employer petition for the H-1B visa?
The employer must submit the ETA 9035, Labor Condition Attestation, through the iCERT site, which assures the government that the worker will receive a legal and fair salary, similar to that which a U.S. citizen would receive.
The employer must also submit a proper I-129.
Can I bring my family on the H-1B visa?
Yes, you may bring a spouse and unmarried minor children and they can stay as long as you maintain status. However, they may not accept employment, but may attend school in the U.S.
Who qualifies For the H-1B Visa?
The applicant must demonstrate the ability to work in the specialty occupation
The applicant must intend to enter the U.S. to work in a professional capacity
The applicant is seeking temporary entry into the U.S.
The applicant must have a Bachelor’s degree or equivalent work experience
What can I do with an H-1B Visa?
You are not limited to one H-1B visa per lifetime
The H-1B visa holder may simultaneously seek Lawful Permanent Residency or a Green Card
An H-1B employer must pay for the visa holder’s return to his country if employment is terminated early.
The H-1B visa allows you to stay in the U.S. for three years, and can be extended for an additional three years.
What Is a Specialty Occupation?
A specialty occupation is defined as involving theoretical and practical application of specialized knowledge that comes from a Bachelor’s degree or higher in the field. Examples include engineering, mathematics, architecture, medicine, law, accounting, the arts, computer coding, IT work, and the arts.
What Is the H-1B Work Visa?
The H-1B workers visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to work in a prearranged professional job. The job must be in a specialty occupation and the visa holder must have a Bachelor’s degree. The visa can last up to six years.