1. What is an H-1B visa and how does it work?
An H-1B visa is a type of nonimmigrant visa that allows foreign nationals to work in the United States for a temporary period of time. It is most commonly used to allow highly skilled professionals to work in specialty occupations such as engineering, computer programming, medicine, and other fields that require specialized knowledge and experience. To obtain an H-1B visa, the foreign national must have a job offer from an American employer and must be sponsored by that employer. The employer must also prove that the foreign national has the necessary qualifications for the job and must file a petition with the US Citizenship and Immigration Services (USCIS). Once the petition is approved, the foreign national can apply for an H-1B visa at a US consulate or embassy in his or her home country.
2. What is the H-1B visa application process?
The H-1B visa application process involves filing an application for the visa with the U.S. Citizenship and Immigration Services (USCIS), which includes providing appropriate documents and paying the associated fees. The applicant must have a valid job offer from a U.S. employer and evidence of a specialty occupation in the United States. The employer must submit a labor condition application to the Department of Labor. The USCIS reviews the application and decides if the candidate is eligible for the visa. If approved, the applicant is granted an H-1B visa and can begin working for their employer in the U.S.
3. What requirements must I meet to apply for an H-1B visa?
The requirements to apply for an H-1B visa include:
– Must have a valid passport and supporting documents demonstrating that you are a qualified, specialized professional in a specialty occupation
– Have a bachelor’s degree or higher in the specific specialty occupation
– Have a valid job offer from an employer in the U.S. for the specialty occupation you have been trained in, and they must be willing to sponsor your visa
– Provide all necessary documents to support your H-1B visa application including evidence of your qualifications
– Pay all applicable fees for the visa application process
– Submit a valid Labor Condition Application (LCA) to the U.S. Department of Labor (DOL), and
– Submit an I-129 petition to U.S. Citizenship and Immigration Services (USCIS).
4. Are there any special requirements for certain types of professionals applying for an H-1B visa?
Yes, certain types of professionals applying for an H-1B visa may have special requirements. For example, occupations such as computer programmer, architect, engineer, accountant, and lawyer may require the applicant to have additional qualifications or certifications, such as professional licensure or specific experience in the field. Additionally, employers may be required to meet certain wage requirements for H-1B workers.
5. How long does the H-1B visa application process take?
The overall process of applying for an H-1B visa takes approximately 5-7 months, although this timeframe can vary depending on the particular case. The filing process itself typically takes 1-2 months, followed by the USCIS’s review and response time, which could be several months depending on the current processing times.
6. What documents are required to apply for an H-1B visa?
To apply for an H-1B visa, you will need the following documents:
-A valid passport
-Form I-129, Petition for a Nonimmigrant Worker
-A copy of your most recent degree or diploma
-A letter from your employer specifying the duties and wages of your job
-Evidence of your qualifications and professional experience, such as resumes, references from former employers, and awards or certificates
-Proof that you have enough money to support yourself while in the US, such as bank statements and tax returns
-Two passport size photographs
-Proof of your address in the US
-Any applicable fees
-Medical examination record
-Copy of the H classification approval notice (if applicable)
7. How much does an H-1B visa cost?
The cost for an H-1B visa varies depending on the situation. Generally, the minimum cost is around $700, which includes the visa application fee, a fraud prevention and detection fee, and the American Competitiveness and Workforce Improvement Act fee. Depending on the petition, additional fees may apply.
8. How long is an H-1B visa valid for?
An H-1B visa is typically valid for three years, and can be extended for up to six years.
9. Is there a cap on the number of H-1B visas that can be issued each year?
Yes, there is a numerical cap on H-1B visas that can be issued each year. The annual cap is currently set at 65,000 visas per fiscal year, with an additional 20,000 visas available to workers who obtain a master’s degree or higher from a U.S. institution of higher education.
10. Are there any restrictions on how long I can stay in the US on an H-1B visa?
Yes, the maximum amount of time a holder of an H-1B visa can remain in the US is six years. Extensions may be granted for up to an additional three years, but the total amount of time that can be spent in the US on an H-1B visa is limited to nine years.
11. Can I travel outside the US while on an H-1B visa?
Yes, you can travel outside of the US while on an H-1B visa. However, if you plan on staying outside of the US for an extended period of time, you must obtain a re-entry permit prior to leaving or apply for a visa in the country where you wish to stay. Additionally, you must make sure your H-1B visa is valid for re-entry into the US.
12. How do I extend my stay on an H-1B visa?
To extend your stay on an H-1B visa, you must file a Form I-129 petition with USCIS. This must be done before your current visa expires. The petition will need to be accompanied by an updated Labor Condition Application from your employer and other supporting documents. After filing, you may be eligible for a one-year extension of your visa, which will allow you to stay in the United States for up to six years in total.
13. Can my family come to the US with me on an H-1B visa?
No, family members are not eligible to come to the US on an H-1B visa. Family members (spouse and unmarried children under 21) may be eligible to come to the US on a dependent visa, such as an H-4 visa.
14. Am I allowed to work while I am on an H-1B visa?
Yes. You may work in the U.S. while on an H-1B visa, as long as the employment is related to the field or specialty in which you are qualified and you are working for a U.S. employer.
15. Can I change jobs while I am on an H-1B visa?
Yes, you can change jobs while you are on an H-1B visa. However, you must notify U.S. Citizenship and Immigration Services (USCIS) of the change in employment and have the new employer file an amended petition.
16. Is a green card available for me if I am approved for the H-1B visa?
Yes. If you are approved for the H-1B visa, you may be eligible to apply for a green card (Lawful Permanent Residence).
17. Can I apply for citizenship while I am on an H-1B visa?
Yes, you may apply for U.S. citizenship while on an H-1B visa. You must meet the eligibility requirements for naturalization and file the appropriate application. You must also be physically present in the United States for a certain period of time, and must not have any disqualifying criminal or immigration violations.
18. How long will it take to get a decision on my application for the H-1B visa?
The processing time for H-1B visa applications can vary significantly based on the applicant’s country of origin, current immigration case load, and other factors. Generally, it takes anywhere from 3 to 6 months for the United States Citizenship and Immigration Services (USCIS) to make a decision on the application.
19. What is the difference between a change of status and a change of employer under the H-1B program?
A change of status occurs when a foreign national who is in the U.S. in another nonimmigrant visa category, such as an F-1 student visa, changes to an H-1B visa. A change of employer occurs when an H-1B holder transfers to a new employer before the current H-1B employer’s authorization has expired.
20. Are there any restrictions on where I can work in the US if I am approved for an H-1B visa?
Yes. An H-1B visa holder may only work for the petitioning employer in the position and location specified in the H-1B petition. H-1B holders may not be self-employed, nor may they work for any other employers unless they obtain written permission from USCIS.
