H-1B, Explained

How to get a H-1B visa?

General Overview

The H-1B visa is a non-immigrant visa that allows US employers to hire foreign workers in specialty occupations that require specialized knowledge and a minimum of a bachelor's degree or its equivalent.

To apply for an H-1B visa, you'll need to follow these general steps:

Find a Job: You'll need to find a job with a US employer who is willing to sponsor your H-1B visa. The employer must file a Labor Condition Application (LCA) with the US Department of Labor, certifying that they will pay you the prevailing wage for the occupation and that hiring you will not adversely affect the working conditions of US workers.

File Form I-129: Once the LCA is certified, the employer must file Form I-129, Petition for Nonimmigrant Worker, on your behalf with USCIS. The petition must include supporting documentation, such as your educational credentials and evidence of your qualifications for the specialty occupation.

Wait for USCIS Processing: After USCIS receives the petition, it will be reviewed and processed. USCIS may request additional evidence or documentation to establish your eligibility for the H-1B visa.

Approval or Denial: If the H-1B petition is approved, USCIS will send an approval notice to the employer. If the H-1B petition is denied, USCIS will send a denial notice and the employer can appeal the decision or reapply.

Apply for the H-1B Visa: Once the H-1B petition is approved, you can apply for the H-1B visa at a US consulate or embassy in your home country. You'll need to complete Form DS-160, Online Nonimmigrant Visa Application, and attend an interview. During the interview, you'll be asked questions about your qualifications, job offer, and ties to your home country.

If your application is approved, you'll be issued an H-1B visa and can travel to the US to work for the sponsoring employer. H-1B visas are generally valid for up to three years, with the option to extend for up to six years.

It's important to note that the H-1B visa process can be complex and competitive. Each year, USCIS receives far more H-1B petitions than the annual cap of 85,000 visas, which can make it difficult to obtain an H-1B visa. It's important to work with an experienced immigration attorney and your potential employer to ensure that your application is as strong as possible and meets all the requirements for the H-1B visa.

Overall, the H-1B visa process requires careful planning, attention to detail, and a strong case to prove that you are qualified for the specialty occupation and that there are no qualified US workers available for the position.