H1B Visa
An employer in the United States initiates the H1B work visa. The employer must have an open job position for which they cannot find an American employee qualified enough to do the job, which can be any position requiring higher education degrees or specialized skills for which few people can apply.
H1B Visa Cap
Around 65,000 petitions are approved by US Citizenship and Immigration Services (USCIS) each year, with 6,800 reserved for H1B1 visas for Chilean and Singaporean nationals. The first 20,000 applicants with a master’s degree are exempt from the visa cap.
H1B Visa Dates in 2021
Employers can begin creating an H1B registrant account on March 2. The registration period opens at noon US Eastern time and closes at noon US Eastern time on March 2. If your employer’s petition is approved, this is the earliest date you can file an H-1B visa application.
How to Apply for the H1B Visa?
Here are the steps to apply for an H1B visa: Find a job opening in the United States or find a petitioner by applying for a job at your local US Embassy/Consulate. Apply for the visa at the nearest US Embassy/Consulate in your home country.
Have a Labor Condition Application (LCA)
The US employer must obtain an approved Labor Conditions Application (LCA) from the US Department of Labor, which certifies that the employer is allowed to hire foreign workers and that they will be treated fairly. The employee cannot begin working until all certifications and documents are obtained.
File a petition with USCIS
The second step is to make a job offer to a foreign worker and file Form I-129, which is used to request permission from the US government to hire a foreign worker. USCIS is the primary authority for processing non-immigrant worker petitions.
I-129 forms
Each employee must file a separate Form I-129 if they wish to work in the United States; if an employee is hired by two companies, each must file a separate Form I-129.
Submit the forms along with the document file
Employers can waive this fee by filling out Form I-912 Employer Funded Training Fee ($1,500 for employers with more than 25 full-time employees in the US) and Form G-28 if they are represented by an attorney.
Where do I submit the petition?
The petition is filed with USCIS at one of its four service centers; the employer must file it at the nearest service center in the area where they are employed. Once USCIS receives it, they will assign you a case number, which you must use to check the status of your petition.
Wait for the review from USCIS
If the petition for foreign workers is approved, USCIS will issue a Form I-797, allowing the employee to begin the application process to work in the United States.
Steps to Apply for an H1B Visa
The applicant must complete the H1B Application; however, because US embassies take time to process each request, it is best to schedule an interview as soon as possible. If this is your first time applying, they will also take your fingerprints, which will be saved in the US system.
Required Documents for an H1B Visa Application
After paying the H1B visa fees, you must submit the required documents for employees, which are listed below, as well as your tax return forms and photographs of your current and previous job locations if you have previously worked in the US.
Total Costs of an H1b Visa
There are additional fees you must pay for the H1B visa, including a $2,250 fee for employers with more than 50 employees, which the employee/applicant must pay. The US Embassy’s fees vary by embassies, so you should check with your local US Embassy.
What Is the H1B Lottery?
The H1B 2021 visa lottery began on March 9 and ended on March 25, with a completely random selection process. If you are chosen, the USCIS will notify your employer by the end of March, and you can schedule a visa interview beginning April 1.
How to See My H1B Status Updates?
You will receive a 13-digit receipt number when your employer submits the H1B visa petition, which you can use to check your status on the USCIS website. Your status could be Submitted, Selected, Denied, or Invalidated-Failed Payment.
What Kind of Health Insurance Am I Eligible For?
The type of H1B health insurance you are eligible for is determined by how long you will be in the United States; as an H1b visa holder, you can choose between short-term, long-term (domestic), or a combination of both.
How Long Do I Have to Wait for Processing?
The processing time for H1B visas varies by country, and US embassies in different countries/cities have different processing times.
What type of jobs qualify for H1B visa?
Job Descriptions for H-1B Visas that Have Been Approved
- Architects.
- Biologists.
- Budget and Management Analysts.
- Chemists.
- Civil Engineers.
- College and University Educators.
- Database Administrators
Can I sponsor myself for H1B visa?
The H-1B visa is a nonimmigrant visa that allows workers in specialty occupations to work in the United States for a limited time. You must have a sponsoring U.S. employer; you cannot petition for yourself, and you must have at least a bachelor’s degree in your field.
Can I work for free on H1B?
You can only work for the employer listed on your I-129 form on an H1B visa; you can’t do an unpaid internship at a for-profit organization because this is still considered work, albeit illegal work.
How much does it cost for a company to sponsor H1B?
Sponsoring a nonimmigrant employee for the H-1B visa in the United States can cost anywhere from $1,250 to $4,500 in filing fees alone, not including fees paid to attorneys to help with the process.
What is the minimum salary to file H1B visa?
To be eligible for the $60,000 wage, the nonimmigrant must receive an annual salary or hourly wages totaling at least $60,000, regardless of whether the worker works full-time or part-time, and the salary must be paid “cash in hand” and “free and clear,” as well as paid on time.
Is H1B visa banned?
In June of last year, amid a national lockdown and the COVID-19 crisis, Trump issued a proclamation prohibiting applicants for several temporary or “non-immigrant” visa categories, including H-1B, from entering the US, claiming that these visas posed a risk to the US labor market during the recovery.
How can I get H1B sponsorship?
The simplest way to find a H1B sponsor is to go to H1BGrader.com and search the H1B Visa Sponsors Database.
- You can look for sponsors by company name, state, or city. You can also look up H1B companies by H1B Job Titles, City, and other factors. You can also look up H1B salaries by company.
Can I start my own business on H1B?
Non-citizens, non-permanent residents, and non-residents can usually open US companies with ease while on an H1B visa, with the exception of S-corporations, which do not allow foreign ownership.
Can I open a restaurant on H1B?
No, you cannot work for the restaurant because the H-1B visa only allows you to work for the employer who filed the petition; you would have to change your status to an E-2 visa, which would only allow you to work at your restaurant.
Can we do 2 jobs on H1B?
Outside employment is almost always prohibited under that Visa. However, if you file a second H1B application and your second employer pays for the filing fees and completes all of the paperwork to obtain that second H1B Visa, you can work for two different employers.
Can you work part time on H1B?
With the H-1B, you can work part-time if the employer specifies that the position is part-time and pays the prevailing hourly wage.
Can I work from India on H1B and get us salary?
Can I work on an H1B visa from India and receive a US salary? Yes, you can work from India and receive a US salary as long as your US employer can legally pay you into a US account.
How much does it cost to file H1B visa?
The H1-B visa’s Basic Feeu2013the cost of filing an I-129 H-1B applicationu2013is currently $460, which is unchanged from last year but significantly higher than the previous $325, so it’s important to keep track of fee changes to ensure your application is properly processed.
Can H1B apply for green card?
Yes, because the H1B visa is dual-intent, all H1B visa applicants are eligible to apply for a green card after their H1B visa expires.
How long does an H1B visa last?
Workers with nonimmigrant H1B status in the United States are only allowed to stay in the country for a maximum of six years.