H-1B Visa

The H-1B Visa is one of the most popular work visa programs for foreign professionals seeking to work in the United States. It allows U.S. employers to hire foreign workers in specialized occupations, such as technology, engineering, healthcare, finance, and more. At American Visa Hub, we specialize in guiding both employers and employees through the H-1B Visa application process, ensuring compliance with all requirements and maximizing the chances of approval.

What is the H-1B Visa?

The H-1B Visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialized roles requiring a bachelor’s degree or higher (or its equivalent in work experience). The H-1B program is essential for companies that need to fill positions with skilled professionals who are not readily available in the U.S. workforce.

The H-1B Visa is commonly used by industries such as technology, healthcare, engineering, and education, and it is available for positions that require technical, managerial, or specialized knowledge.

Who is Eligible for the H-1B Visa?

To be eligible for the H-1B Visa, both the applicant (employee) and the sponsoring employer must meet specific criteria:

1. The Applicant’s Qualifications:

   • The applicant must have a Bachelor’s degree or higher in the relevant field (or its equivalent).

   • The applicant must be applying for a specialized occupation, which typically requires at least a bachelor’s degree to perform the job duties.

2. The Employer’s Responsibilities:

   • The employer must be a U.S.-based business that can demonstrate the need for the employee in a specialized role.

   • The employer must offer a salary that meets or exceeds the prevailing wage for that occupation in the specific geographic location (as determined by the U.S. Department of Labor).

H-1B Visa Application Process

The H-1B Visa application process involves several steps, and at American Visa Hub, we provide expert support at every stage to ensure a successful application.

Step 1: Employer Registration & Labor Condition Application (LCA)

1. Employer Registration: Employers must first register with the U.S. Citizenship and Immigration Services (USCIS) through the H-1B Electronic Registration Process. The registration period typically opens in March each year, and the number of registrations is capped based on available H-1B visa numbers.
2. Labor Condition Application (LCA): Before filing the petition, the employer must file an LCA with the U.S. Department of Labor (DOL). The LCA attests that the employer will pay the employee the prevailing wage and ensures the working conditions are fair.

Step 2: Submit Form I-129

Once the LCA is certified, the employer can file Form I-129, Petition for a Nonimmigrant Worker, with USCIS. This form requires detailed information about the employee’s qualifications, job duties, salary, and the employer’s business operations. Along with Form I-129, the employer must submit:

1. A copy of the employee’s degree(s) and professional credentials.
2. Documentation of the employee’s work experience (if applicable).
3. A detailed job description and an explanation of why the position requires a specialized occupation.
4. The LCA certification from the Department of Labor.

Step 3: USCIS Processing and H-1B Cap

1. The H-1B Cap: There is an annual cap on the number of H-1B visas available. The standard cap is set at 65,000 visas per fiscal year, with an additional 20,000 available for individuals with a U.S. master’s degree or higher. However, some employers (e.g., universities or non-profit research organizations) are exempt from the cap.
2. Lottery System: If the number of applications exceeds the cap, USCIS conducts a lottery to randomly select petitions for processing. The lottery usually occurs after the registration period ends.

Step 4: Wait for USCIS Approval

Once the petition is submitted, USCIS will review the application and supporting documents. If USCIS approves the petition, they will issue a Notice of Approval (Form I-797), and the applicant can proceed with the next steps.

Step 5: Apply for a Visa and Attend an Interview

If the applicant is outside the U.S., they must apply for an H-1B Visa at a U.S. consulate or embassy. The applicant will need to complete Form DS-160, the non-immigrant visa application form, and attend an interview where a consular officer will assess the application. After approval, the applicant will receive the H-1B Visa and can travel to the U.S.

If the applicant is already in the U.S., they can apply for Change of Status without leaving the country.

Step 6: Begin Employment in the U.S.

Once the H-1B Visa is approved and issued, the employee can begin their employment in the U.S. The H-1B Visa is typically granted for an initial period of 3 years, and it can be extended up to a total of 6 years. After 6 years, the employee must leave the U.S. or apply for another type of visa or permanent residency (Green Card).

Why Choose American Visa Hub for Your H-1B Visa?

At American Visa Hub, we specialize in guiding both employers and applicants through the intricacies of the H-1B Visa application process. Our services include:

1. Expert Consultation: We help employers determine if the H-1B Visa is the best option for their business and ensure that the position qualifies as a specialized occupation.
2. Detailed Documentation Assistance: We assist both employers and applicants in preparing and reviewing all necessary forms and supporting documents to avoid errors and delays.
3. Timely Filing: We ensure that your application is filed on time and in compliance with all USCIS regulations, including registration deadlines and the lottery system.
4. H-1B Lottery Support: Our team helps maximize your chances of selection in the H-1B lottery by ensuring your application is complete and accurate.
5. Ongoing Support: From initial consultation to post-approval assistance, we offer continued support throughout the entire H-1B Visa journey.

Conclusion

The H-1B Visa provides valuable opportunities for skilled foreign professionals to work in the U.S. and contribute to the growth of American businesses. At American Visa Hub, we simplify the H-1B Visa process for both employers and applicants, offering expert guidance, personalized support, and comprehensive resources. Contact us today to learn how we can assist you in securing your H-1B Visa and achieving your professional goals in the U.S.