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H1B visa: Process, Eligibility, Application and Requirements

Team AckoMay 13, 2024

Every year, thousands of people visit the USA to work on H1B visas. If you have a dream of working in the United States, the H1B visa is the key to unlocking your potential and beginning your journey.

In this article, you will get the necessary information about the H1B visa process, eligibility, application and requirements, and make your dream of working in the USA come true!

Contents

What is an H1B visa?
H1B visa Requirements—Eligibility Criteria
Documents required for H1B visa process
- Photographic specifications for H1B visa process for work
H1B visa application process
H1B visa Registration process 2024 update
How much does it cost for an employer to get an H1B visa?
H1B visa Hike 2024
Benefits of H1B visa for Indians
H1B visa validity period
What is the H1B visa cap and lottery?
- H1B Visa cap
- H1B visa lottery
What is the H1B Labor Condition Application (LCA)?
Frequently asked questions

What is an H1B visa?

An H1B visa means a temporary work visa that allows you to work in the United States only in speciality occupations that require a high level of special skills, such as tech, engineering, finance, teaching, medicine and more.

However, to get an H1B visa, you need an employer to sponsor you by filing a petition with the U.S. Citizenship and Immigration Services (USCIS). Once it’s approved, you may apply for a US visa.

H1B visa Requirements—Eligibility Criteria

Before you start packing, make sure you meet these H1B visa requirements:

A bachelor’s degree, or even better, a master's or doctoral degree.
Proof that you have sufficient work experience in the specific field.
Your occupation has to be deemed "specialised" by the United States Citizenship and Immigration Services. Examples of job positions:
Lawyer
Doctor
Fashion Designer
Teacher
IT Professionals
Financial, etc.
Your employer must submit a labour condition describing the terms and conditions of their employment contract with you to the Department of Labour.
Also, there should be a lack of an American citizen equivalent who can take up the role.
Last but not least, you must have a current passport.

Documents required for H1B visa process

Here are a few essential documents for obtaining an H1B visa.

Passport copy
Educational degrees, certificates, and transcripts
Current employment letter
Previous employment experience documentation
Labor Certification Approval (LCA)
Tax returns for the sponsoring U.S. company
Correspondence received from Department of Justice
Letter sent to Consular General of Indian Consulate
Job Description with the US Sponsoring Company
Current or valid U.S. licence
Resume along with supporting certificates
Payment for processing and issuance fee in the form of demand drafts
Passport-sized coloured photographs (2-3)
Marriage and birth certificates (if dependent members are travelling along)

Photographic specifications for H1B visa process for work

When it comes to your visa photo, make sure it ticks off all the following boxes.

2 inches by 2 inches in size, perfect for showing off your face.
Your head should be positioned in the picture so that it measures between 1 and 1 3/8 inches (22 mm and 35 mm), or think of it this way: your chin should be between 50% and 69% of the image's overall height.
The picture should have been captured in colour and recently in the past 6 months.
A pure white, shadow-free background, so you stand out.
Keep a neutral expression and both of your eyes open while posing.
Uniforms are a strict no-no!
If religious attire is worn, make sure it does not obscure your face or hairline.
Wear no electronics unless absolutely required for medical reasons.
Also, eyeglasses should not be worn unless they are a medical necessity.

H1B visa application process

The application process for an H-1B visa is quite complicated and time-consuming. Both the employer and the employee need to meet certain legal requirements. Here’s a breakdown of the process in easy-to-follow steps.

Find an employer willing to sponsor an H1B Visa: To begin the process, look for an employer who's willing to sponsor your H1B visa and submit a Labor Conditions Approval (LCA) and Form I-129.
Check H1B Visa eligibility: Check the requirements and make sure you fulfil the prerequisites for applying for an H1B Visa.
Apply for an H1B visa at the nearest U.S. Embassy/Consulate and wait for the results from the USCIS.

H1B visa Registration process 2024 update

Starting April 1, 2024, the USCIS service centres won't accept paper applications for H-1B visas. Instead, all paper applications for H-1B visas need to be sent to a USCIS lockbox facility. You can also file online through the USCIS website. They've made it easier for companies to apply for H-1B visas by launching online filing and allowing multiple people from a company to collaborate on the application process using USCIS organisational accounts.

How much does it cost for an employer to get an H1B visa?

The following fees are part of the H1B petition application and must be paid for by the employer:

Type of fee	Payer	Amount in dollars
Premium Processing (Optional)	Employer/applicant	$2,805
Public Law 114 – 113 fee	Employer	$4000
ACWIA Education & Training Fee	Employer	Business with less than 25 employees: $750Business with more than 25 employees: $1500
Registration Fee	Employer	$215
USCIS Anti-Fraud Fee	Employer	$500
Attorney Fee	Employer	Variable
Basic Filing Fee (I-129 form)	Employer	$780

H1B visa Hike 2024

The cost of applying for an H-1B visa has gone up since the beginning of the year 2024. Now, it's more expensive, with the application fee increasing from around Rs 38,000 to over Rs 64,000 and the registration fee rising from around Rs 829 to over Rs 17,000.

Benefits of H1B visa for Indians

Check out the amazing benefits of an H1B visa for Indians.

No limit on the number of H-1B visas you can apply for; the sky's the limit!

Your H1B visa opens the door for a green card or permanent residence for your loved ones, making it a win for your whole family.

If things don't work out with your employer, no worries! They'll cover the cost of your return trip home. Enjoy the free ride back!

H1B visa validity period

When it comes to your H1B visa, it's valid for a certain period of time, usually three years but can be extended up to six with the help of the American Competitiveness in the Twenty-First Century Act. And if you're in the process of applying for permanent residence, don't worry, you can still extend your stay for a limited time. However, if your H-1B visa is not extended before the end of the 6th year, you will have to take a time-out outside the U.S. for 1 year.

Your loved ones are in luck too! Dependents of the H-1B visa holders are allowed to stay in the U.S., they can apply for the H4 visa and join you in the new abode. Spouses and unmarried children below 21 can stay as long as your visa is valid. However, they won't be able to work. Fortunately, children are not prohibited from attending school in the U.S.

Fun fact: H-1B2 holders working on defence projects get to stay in the U.S. for a whopping 10 years!

What is the H1B visa cap and lottery?

This section explains the H1B visa cap and lottery. These terms can be a bit confusing, but we will make them easy for you to understand.

H1B Visa cap

Imagine a room full of people all trying to get through a single door; that's kind of like the H1B visa cap! Every year, the U.S. government only lets a certain number of people through the door with an H1B visa. It's a way to make sure the number of H1B visa holders stays within a certain limit.

H1B visa lottery

As mentioned previously, the government only allows a certain number of visas to be given out each year. In some cases, the government holds a "lottery" pertaining to this visa. This is just an overview of the complex process; for details, please check out official United States Citizenship and Immigration Services sources.

What is the H1B Labor Condition Application (LCA)?

The Labor Conditions Application (LCA) is a document that employers submit to the US Department of Labor who are seeking to hire foreign workers. It describes the terms and conditions of employment, including pay and responsibilities of the applicant, and shows that they couldn't find an American citizen to do the job. Once the Department of Labor approves the LCA, the employer can then move forward and apply for the worker's visa with the USCIS.

Frequently asked questions

The frequently asked questions about the H1B visa are covered in this section.

How long does it take for an H1B visa application to be processed?

The processing time for an H1B visa application can vary depending on a number of factors, including the workload of the specific USCIS service centre processing the application. On average, it can take anywhere from several weeks to several months for an H1B visa application to be processed.

Where do I submit my H1B visa application?

You can submit your H1B visa application to U.S. Citizenship and Immigration Services (USCIS) in the city where you want to work.

Who can sponsor my H1B visa?

An H1B visa must be sponsored by an employer in the United States. The employer must submit an H1B visa petition on behalf of the foreign worker and demonstrate that the job requires a worker with specialised knowledge and that the foreign worker is qualified for the job.

What does H1B stamping refer to?

H1B stamping refers to the process of obtaining an H1B visa at a U.S. Consulate or embassy abroad, after the H1B visa has been approved by the USCIS. Once the approval is received, the applicant must schedule an appointment for the visa interview and stamping process at the nearest U.S. consulate or embassy. This is when the applicant's passport will be stamped with the H1B visa, which allows the holder to enter the U.S. as an H1B worker.

If I don't have a receipt number, how can I find out the status of my H1B visa?

If you don't have a receipt number, you can check the status of your application by providing other identifying information, such as your name and date of birth.

Do Indians get Green Card after H-1B?

Yes, an H-1B visa allows you to work and live in the US temporarily, so you can also apply for a Green Card, to become a permanent resident.

How long can I stay in the US with an H1B Visa?

The H1B visa is valid for three years at first, but it can be extended for another three years. An individual can only stay and work in the US for a total of 6 years. However, people in defence can stay up to 10 years with an H1B visa.

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Disclaimer: The information mentioned on this page is compiled from different websites and government sources. The information may be updated from time to time. Hence, please refer to the respective government websites and verify before making any passport-related decisions.