H1-B Visa is a nonimmigrant Visa which is designed to allow U.S. employers to employ foreign nationals in specialty occupations in the United States of America for a specified period. People from outside U.S. who are looking for employment need to have a H1-B Visa under the Immigration and Nationality Act.
H1B Visa Eligibility Criteria
To obtain the H1-B Visa, you must:
Have 12 years of work experience. It can also be a mix of further education and work experience.
Applicant must hold a bachelor’s degree or its equivalent.
United States Citizenship and Immigration Services will determine if your employment constitutes a specialty occupation and if you are qualified to perform the services.
Employer should file a labor condition with the Department of Labor that concerns the terms and conditions of its contract of employment with you.
You must demonstrate that you have the ability to work in specialty occupation.
You are willing to come to U.S. to earn and are not coming with the intention to pursue a hobby or to give free advice or any humanitarian service.
The individual is not allowed to apply for the H1-B visa, it requires sponsoring from U.S. employer. The H1-B filing period starts from 1st April and the filling period will continue till the quota is met. The H1-B sponsors and employers change every year. H1-B visas are dual intent visas as you can get permanent residency as well. H1-B visas can be filled and approved in 15 days using the premium processing but an extra fee of $1,225 is to be paid. The H1B visa can also be transferred to the new H1-B sponsor company at any time
Employer petitions for the H1B visa in the following ways:
Labor Condition Attestation through the ICERT website. The employer assures the DOL that they will provide the employee with fair salary and equal benefits similar to that which is being provided to the U.S. citizen.
filed with USCIS Regional Service Centre that has jurisdiction over the city of planned employment. When approved, the employer gets notice or approval Form I-797 and a copy is forwarded to the American Consulate.
Required Documents For H1B Visa:
A Documents required for h1b visa, outside of U.S. are as follows:
Labor Certificate Approval
Appointment Letter offered by your employer
Tax returns paper of the company
Copy of the letter sent to the Department of Justice
Copy of the letter sent to the Consular General of the Indian Consulate
Copy of the official valuation of your degrees
Appointment and Relieving Certificates from the previous companies that you were employed at.
Dates of prior stay in U.S. in H1-B status
Job description and duty with the sponsoring U.S. Company to be described in short.
Copy of current U.S. License or temporary license
Copy of resume with supporting certificates
Two demand drafts, $45 for processing fee and $100 for issuance fee
2 to 3 passport sized colored photographs
If H-4 visa is being applied for dependent members, then you must submit copies of children’s birth certificates and copy of marriage certificate.
Validity of H1B Visa
The H1B nonimmigrant is permitted to stay in the U.S. for a period of 3 years and the period can be extended but it cannot go beyond 6 years. The period of stay can be extended under the American Competitiveness in the Twenty-First Century Act. There is also a limited extension for those who have permanent residence applications pending. But, if your H1-B visa is not extended before the end of the 6th year, you are required to remain outside the country for 1 year.
Foreign nationals working in the Defense Department projects can remain in the H1- B status for 10 years.
With the H1B visa, you can bring your dependents. Your wife and unmarried children below the ages of 21 are entitled to the H4 visa and can stay as long as your H1-B visa is valid. They cannot accept employment but are allowed to attend school in the U.S. Servants are also allowed under the B1 visa.
Benefits of H1B Visa
There is no limit to the number of H1-B Visas that an individual can have in his or her lifetime.
H1-B holders can seek Green Card or Lawful Permanent Residency for themselves and their family.
If the employer is terminating a H1B holder before the end of the authorized employment period, the employer must pay a reasonable cost of transportation for the H1-B holder to go back to his or her home country.
If the H1-B holder is changing jobs, he or she must reapply for a new visa. It however doesn’t mean you get another 6 years permit. But those who are converting the H4 visa to H1-B status will get 6 years permit from the date the status changed to H1B status.
H1B Visa Limitations
The limitations of the H1-B Visa are as follows:
The duration of the stay is temporary. The H1-B holder can however seek for Lawful Permanent Residency, but if the petition is denied then the H1-B holder must go back to his or her home country at the end of the 6 year authorized employment period.
An annual limit set to the number of H1-B Visas being issued. The H1-B cap is set at 65,000 for a fiscal year. But the quota is only for new H1-B applications and not to those seeking extension and change of employer.
Check your eligibility here
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Glaarus Overseas Services Pvt Ltd is NOT a RECRUITMENT / PLACEMENT AGENCY, we neither assist in any kind of Job/employment offers nor do guarantee any kind of domestic/International placements.
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