Overseas workers can operate in the U.S under the H-1B visa program. The visa permits companies to hire competent overseas employees in specialist vocations in the United States on a short term duration. Depending on their gained abilities, the international worker may be able to seek work in the U.S.
The USCIS requirements and rules must be followed by both the U.S. company and the prospective organization to qualify for the H-1B Visa. The criteria aim to guarantee that both the U.S. company and the overseas expert follow Department of Labor guidelines. Submitting a Labor Condition Petition is an essential element of this compliance (LCA).
Who is the H-1B Visa for?
H-1B Visas (Personal in Specialist Industry): The individual should be employed in a specialty profession requiring a Bachelor’s degree or above or comparable. Architects, designers, attorneys, surgeons, and other skilled jobs are illustrations of specialty vocations for H-1B visas.
The H-1B Visa Cap: The Dilemma
The H-1B visa is restricted to 65,000 visas per annum. There exist specific candidates, nevertheless, who are exempted from the limitation. Applicants with a master’s degree or above in the United States are exempted from the restriction if their application is lodged among the initial 20,000 eligibles.
The H-1B employee gets exempted from the H-1B cap when they are employed by or appealed by a higher education institution. H-1B quota exemptions apply to affiliated governmental research organizations, non-profit enterprises, and non-profit academics.
The H-4 permits allow the H-1B visa recipient’s spouses and kids who are unmarried to enter the country. On the other hand, holders with the H-4 visa are not permitted to operate inside the country.
The Requirements for H-1B Visa
The candidate and the conditions should fulfill the standards in case of applying for an H-1B visa. To be qualified, you should meet the following criteria:
- An expert and those in a specialist industry should be required for the role.
- The candidate holds a master’s or bachelor’s degree or corresponding to another country.
- A common prerequisite for the post is a bachelor’s degree.
- The business must demonstrate that competent candidates are in short supply in the U.S.
- The candidate must have a solid understanding of the subject matter.
What is the H-1B Visa Process?
If you’re looking to file an H-1B Visa application, you can do that via the process explained below:
- For the verification to the Department of Labor, the initial phase in getting an H-1B visa is for the business to file a Labor Condition Petition.
- After that, the enterprise should submit an Application I-129 with the USCIS Service Center that is acceptable for them.
- After the Form I-129 application is accepted, the worker should file for an H-1B visa from the U.S. Department of State followed by applying for entrance to the U.S. through U.S. Customs and Border Protection.
What Happens After Applying for an H-1B Visa?
When USCIS receives an application, it will be evaluated (USCIS). Once granted, the candidate should apply for a visa at the U.S. embassy or consulate in their home nation. That might require 2 to 3 days for processing, but it could take much longer based on how it is handled.
- A confirmation notification for Paper I-129 will be sent to both the applicant and the immigration center.
- This is a reminder for a biometric services consultation.
- The judgment will be communicated to you in writing.
How Long Can You Be in an H-1B Status?
A foreigner can only be in the H-1B position for a period of six years on end, according to the present legislation. Following that, a foreigner should stay outside the U.S. for a year prior to applying again for the next H-1B visa. H-1B classification can indeed be extended for up to ten years for foreigners collaborating on the Department of Defense projects.
- Once 365 days or more have gone after the submission of the petition for labor certifications (LCA), Application ETA 750, which is needed or utilized by the immigrant to gain recognition as an E.B. immigrant, the foreigner can request to extend of H-1B status further than the 6-year total duration.
- A 365-day period has elapsed because an E.B. immigrant application was filed.
Can I Acquire a Green Card Via H-1B Visa?
The H-1B visa, like all forms of visas, requires that you visit the U.S. on a momentary basis and not for long-term employment. The H1B visa, on the other hand, is one set of visas that allows for “multiple purposes.”
That implies one may visit the U.S. on a short-term basis through the visa and acquire a different or the same company file for a Green Card on your account that, if finished, will enable you to reside indefinitely in the U.S.
Call for a Free Consultation Today!
The application procedure for an H-1B visa is extensive and involves a tonne of steps before completion, making it difficult for candidates. You may, nonetheless, verify your qualification and obtain support with the application procedure from start to end with the guidance of an expert H-1B visa attorney.
There are a number of problems you will face if you decide to go alone against the authorities. Therefore, we suggest contacting an immigration lawyer. An immigration lawyer can help individuals and their companies with the complete H-1B visa application procedure, involving filling out and submitting the necessary papers and evidence. Book a free consultation today to solve your immigration problems today!