H1B Visa Guide: Everything You Need to Know About the H1B Visa
Overview
The H1B Visa is a valuable option for foreign nationals seeking work in the United States based on a valid job offer. This guide covers essential information about the H1B visa. The H1B is for foreign nationals to perform “specialty occupations,” typically requiring a bachelor’s degree or equivalent work experience.
What is the H1B Visa?
Petition Filing
H1B Visa Processing
What is the H1B Visa?
What is the H1B Visa?
- 1. Allows foreign nationals to work in specialty occupations.
- 2. Fields include architecture, engineering, mathematics, and more.
- 3. Valid for up to three years, with possible extensions.
Benefits of the H1B Visa
- 1. Legal work in the US.
- 2. Pursuit of permanent resident status.
- 3. Dependents (spouse and children) can join.
- 4. Portability for changing employers.
Requirements for the H1B Visa
1. Job offer from a US company.
- 2. Valid employer-employee relationship.
- 3. No labor disputes at the workplace.
- 4. Job qualifies as a specialty occupation.
- 5. Job requires a bachelor’s or higher degree (or equivalent).
- 6. Academic requirements can be substituted with experience.
H1B Visa Numerical Limitations
- 1. Annual cap of 65,000 visas, with 20,000 for advanced degree holders.
- 2. Some exceptions for specific organizations.
Petition Filing
Who Files the Petition?
- 1. A US company files on behalf of the foreign national.
- 2. Petitioner must have a valid relationship, job offer, and IRS tax ID.
- 3. Petitioners can file multiple petitions for the same beneficiary in some cases.
H1B Visa Processing
H1B Visa Process
- 1. Registration period (implemented in 2020).
- 2. Submit H1B application if selected.
- 3. Receive approval.
- 4. If abroad, submit a visa application.
- 5. Start working in the US.
H1B Visa Documents
- 1. Detailed job description.
- 2. Resume.
- 3. Transcripts or certifications.
- 4. Training certificates.
- 5. Support letters from previous employers.
- 6. Various other documents.
H1B Visa Fees
- 1. ACWIA Fee.
- 2. Fraud Prevention and Detection Fee.
- 3. Form I-129 Fee.
- 4. Premium Processing Fee (optional).
H1B Visa Processing Time
- 1. Varies based on factors like premium processing, visa type, and USCIS center.
- 2. Beneficiaries cannot work until October 1st following the lottery.
Amending an H1B Visa
- 1. Amendments required for job changes, worksite changes, and more.
- 2. Extensions can be filed for continued stay.
Recapturing Time
- 1. H1B holders can “recapture” time spent outside the US.
- 2. Certain rules apply.
H1B Visa to Green Card
- 1. H1B holders can apply for permanent resident status.
- 2. Extensions may be possible based on specific circumstances.
H1B Visa Exceptions
- 1. H1B1 visas for citizens of Chile and Singapore.
- 2. Different rules and longer validity.
F1 Visa to H1B Visa
- 1. Transition from student (F-1) to H1B possible.
- 2. Practical training and cap-gap relief options available.