The H1B visa for USA is a non-immigrant visa that allow employers to employ skilled workers from other countries for a certain period.
USA, Work Visa

H1B USA Visa Requirements and Process

Last Updated on March 29, 2022 by Visa Journal

One of the most demanded visas is the H-1B visa for USA. The H-1B visa is a non-immigrant visa given by the United States to employ skilled workers from other countries for a certain period. The initial duration of stay is 3 years and can be extended up to 6 years. The main intent was to help American firms deal with labor shortages in rapidly growing jobs that required specialized skills. It is the only temporary work visa that is available to U.S. companies to hire foreign talented employers.

Each year, 65,000 employment-based H-1B visas are issued by the USCIS through a lottery. Though foreign citizens have access to the U.S, they are not facilitated with citizenship rights.

What are the eligibility requirements?

One must fulfill some requirements to be eligible for this visa as following;

  • This visa allows temporary employment; however, there is a possibility or permission to both employer and employee to think about permanent employment in future.
  • The employee can apply for the immigrant visa
  • Two people should be involved in it. One employee and the other is the employer. Employer will offer the employee a job
  • The employee must have a graduate or post-graduate degree in a specific field.
  • The employer must agree to pay for the return ticket of the employee if he is terminated before completion of his work duration.
  • The worker cannot work for any other employer other than the one on the name of whom he signed the petition.
  • The employer is obliged to confirm that there are no disputes and strikes in the occupation in which the nonimmigrant will be employed.
  • The employee must have the professional skills of the occupation he is hiring for.
  • Most demanded candidates who specialized in certain fields and subjects that the U.S look for are these:
  • Law
  • Education
  • Engineering
  • Accountancy
  • Journalism
  • Nursing
  • Research
  • Social sciences

H-1B visa application process:

Before applying for H-1b visa check your qualification if you are eligible for this visa. Then request the employer that you will find your own to initiate the petition.

Certificate of LCA:

Employer or agent submit the labor condition application to the department of labor for the certificate of LCA. This certificate ensures equal opportunity, working conditions, and pay for foreign citizens and protects the interest of U.S. citizens. This form is available on the website labor Condition Application.

Submission of form I-129:

Agent or employer submit the form of I-129 for the non-immigrant worker as its petition. This form is submitted to USCIS. After getting approval of the petition, the worker can further apply at the U.S embassy for the H-1B visa.

Documents required along with visa application:

Along with the H-1b application, certain documents are required; few indicated as following;

  • Valid passport
  • Application fees recipient
  • Passport size photographs
  • Interview appointment letter
  • Qualification certificates
  • Form I-129 USCIS service approved labor condition application
  • Letter from the registrar for the completion of educational credits
  • Letter of approval from the employer

H1B visa fees:

Basic filing fees are 460$ to the H-1B petition. The worker is not supposed to submit the fees. It’s the responsibility of the employer to submit these dues to the USCIS. There are some further conditions for the employer; if the company hires 25 or fewer employees, the employer will pay 750$. But if the employees are more than 50, the fees will be 1500$.

H1B visa interview:

You may need to go through the interview process if you are outside of the U.S. For that purpose, take an appointment from the U.S. embassy located in your home country. After getting a call or mail for the interview, go for a one-on-one interview with the counsellor. Don’t forget to take your original documents along with you. They will ask you questions regarding your educational compatibility and your intention to move to the U.S. Passing this interview is one of the key steps, as your visa process can be stopped if you fail.

How long it will take to process visa:

This visa is granted to the workers through a lottery system. USCIS will conduct the lottery and choose the beneficiaries who will proceed further. Within 90 days the selected employers will file the petition. If the petition gets approved, the H-1B visa will be issued.


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