How to Apply for an H1B Visa: Step-by-Step Guide

The H1B visa is actually one of the most popular work visas available to individuals wanting to work in the United State of America. It enables United States employers to employ international candidates with specialist skills from the fields of information technology, engineering, health, and lots of others. You should know how the H1B visa application process operates if you are planning on applying one. Please continue reading this guide to find detailed information about the H1B visa application process.

What is an H1B Visa?

The H1B is an employment based visa through which US employers may hire foreign workers in any field which generally involves theoretical or technical knowledge. It is given for initially three years and can be renewed for up to six years. The use of H1B visa is still in high demand, and the US government has placed an annual limit on the number of people eligible for this visa.

H1B Visa: The Eligibility

It is important therefore to determine whether or not you are eligible for the H1B visa before providing the step by step guide. Here are the primary eligibility criteria:

• Specialty Occupation: Job must involve some expertise and the person holding this job should have a minimum education of a four year degree.

• Employer Sponsorship: H1B visa is applicable only if an applicant has a job offer from an employer in the US who agrees to sponsor for the visa.

• H1B Cap Exemptions: There are also some employers who are not subject to cap such as employers who are university or non-profitable organizations.

Having established the prerequisite for H1B visa application let us discuss in detail how to go about getting the visa.

Step 1: Find an H1B Visa Sponsor

The first and perhaps the most crucial phase is to secure a US employer willing to offer assistance in obtaining an H1B visa. You also need to know that the employer has to be ready to submit all the documents that you need to file. Here’s how you can find a sponsor:

• Networking: Educate yourself by employing your professional contacts.

• Job Portals: Facebook, The Local, The Guardian, Microsoft, Britain Reports, Telegraph Media Group, and many more organizations’ work visa openings include H1B visa.

• University Career Centers: If you are a student in the USA, take advantage of your university career center to search for H1B sponsors.

Check if the employer has some skills in filing the H1B petitions, since the process may stay complicated.

Step 2: Submit Labor Condition Application (LCA)

After you have obtained your H1B sponsor, the next process is that your employer should file the Labor Condition Application (LCA) to the Department of Labor (DOL). This undertaking makes sure that the employer pays you the wage of a similar American qualified worker and that your employment doesn’t endanger other American employees’ working conditions.

The LCA must include:

• Wage Rate: Deployment that you shall be remunerated adequately in acknowledgement to the prevailing industry norms.

• Working Conditions: Pledge that employing you will not put the American employees out of job.

Step 3: File Form I-129 (Petition for Nonimmigrant Worker)

Once your company gets the LCA certification, your employer will file Form I-129, Petition for Nonimmigrant Worker with the US Citizenship and Immigration Services (USCIS). This form contains information about yourself and your position. Along with this form, your employer must provide supporting documents, such as:

• Certified LCA: As mentioned earlier.

• Proof of Qualification: Documents that would affirm your comprehension of the job’s demands (for example, college diplomas).

• Company Information: Information about the company sponsoring the car.

This step is important because the USCIS will take a look at the petition and grant it or dun it.

Step 4: Enter the H1B Visa Lottery (if applicable)

The US government offers a quota of 65,000 H1B for those seeking a job and 20,000 people with a master’s degree or higher from US institutions. Because of high demand, the applicants are selected by the lot, that is, a certain number of applicants are selected randomly. Once your petition gets to this stage it proceeds to the next level If your petition gets chosen it goes to the next stage. If not, one is forced to wait until the next year for him/her to apply for the scholarship again.

Step 5: Wait for H1B Visa Approval

Over the document, USCIS will go through a reviewing process after it has been filed through the petition. Sometimes it may be faster and sometimes slower, however the average time can take several weeks to months. Your employer may tell you the receipt number, for you to track the status of your application on the USCIS website.

Step 6: Pay H1B Visa Fees

After you have been granted an approval for H1B visa you have to pay the required fees for the visa. These include:

• Filing Fees: This is one which is often met by your employer.

• Anti-Fraud Fee: This fee makes sure no one fakes an application with the intention of getting the bond grant.

• Premium Processing Fee (Optional): However, if you desire to do so, you can do so by paying for premium processing which will take the 15 calendar day review time.

It is important that both you and your employer know all the charges connected to the H1B visa process.

Step 7: Attend a Visa Interview at a US Embassy or Consulate

Once your H1B petition is approved, you’ll need to schedule a visa interview at a US embassy or consulate in your home country. During this interview, you’ll be asked to present various documents, including:

• Form DS-160: Applications of the United States of America where acquirers are not legal immigrants there is the Nonimmigrant Visa Application form.

• Passport: This has to be valid for at least six months beyond your stay in the United States of America.

• Visa Appointment Confirmation: Details of an interview you will be conducting in the future.

• Approval Notice: The notice bearing approval for your visa is Form I-797.

The consular officer will then quiz you concerning your employer or occupation, and your reason for employment in the United States. Always be honest while responding to the questions.

Step 8: Receive Your H1B Visa

After your interview, if the officer is satisfied with your application, your visa will be approved. You will receive your H1B visa stamped in your passport, which allows you to enter the US.

Step 9: Arrive in the US and Begin Work

When you have the visa you get to travel to the United States of America as a tourist. Remember that you may arrive in the US up to 10 days before the start date provided on your visa but you cannot work until the actual date provided in the visa.

Step 10: Maintain H1B Visa Status

Defining what to do once in the US, depending on legal status, Most H1B visa holders would want to keep this legal status for as long as possible. This includes:

• Staying Employed: It means that you can work for only the company that provided you the H1B visa for work in the United States.

• File Extensions: If you need to be in the country more than three years, this is when your employer can apply for an extension.

However, you should note that the H1B visa holders can apply for the Green Card, which is permanent residency in case you wish to stay in the States for a longer time.

Conclusion

Applying for an H1B visa can be a complex and competitive process, but following this step-by-step guide will help you understand what to expect at each stage. From finding a sponsor to attending your visa interview, each step is crucial in securing your H1B visa. Ensure you stay organized and prepare all the necessary documents to improve your chances of a successful application.

For personalized guidance and support, US Area Immigration Services can assist you throughout the entire H1B visa process. With expert advice and comprehensive services, you'll be well on your way to working legally in the US under the H1B visa program!