The H1B Visa is one of the different types of US work visas. We are aware that there exist many types of work visas and you may not know if this is the one you will need yet, so we will try to explain everything in detail so you can learn who can apply for an H1B visa, what is the application process like, how can I obtain it and more.
This one is specially designed for highly skilled professionals, people who can take care of the so-called specialty occupations; in most cases, low-demand occupations.
An H1B visa allows foreigners to stay in the US for up to 3 years and even apply for a visa extension and stay in the US for up to 6 years. Once this period ends, you can apply for a Green Card as long as you meet the requirements and have a valid job offer.
In contrast with other visas, you cannot apply for an H1B visa by yourself. It is the US employer who initiates the process, as there exists in this company/organization a job offer that has not been occupied by a US citizen because of the specificity of the carried out tasks. This is why the US employer can hire a non-US citizen and process a work visa for him or her.
Who Can Apply For an H1B Visa?
Only international applicants being qualified enough for a specific job offer are eligible for an H1B Visa. Though you must be aware of the following conditions too:
- It is necessary to have completed higher specialized studies; preferably a master’s or doctoral degree. Those having completed a bachelor degree can apply for an H1B visa too.
- You must have either experience in the sector or enough vocational skills to carry out the demanded job.
- You cannot ask to apply for an H1B visa by yourself, you need to find a job offer in advance.
- The US employer offering the job position works legally, has an IRS number serving as identification and is an official H1B visa sponsorship.
H1B Visa – Application Process
US Citizenship and Immigration Service offers almost 100,000 H1B visas per year. Applicants can obtain an H1B visa in case the US employer meets the official requirements and complete the H1B visa initiation process successfully. That is why it is recommended to distinguish what the process looks like for both the employer and the employee in this section. H1B visa applicants cannot start processing their applications till the US employer is legally recognized as able to hire foreigners.
Application Process – Employers
If you are a US employer and would like to hire a non-US citizen, you can initiate the H1B visa process by following the different steps:
- Obtain a Labor Condition Application (LCA), allowing you to hire non-US workers due to the scarcity of applicants willing to apply for that job position or having the necessary skills to undertake the requested tasks. This is issued by the US Department of Labor and also helps to keep the work controlled and the employee legally underpinned.
- Now you are allowed to look for a foreign employee and start the selection process and negotiations with the different candidates.
- Once the non-US employee is selected, the employer needs to fill in the so-called Form I-129, available at the USCIS website.
- Collect the forms (Form I-129 and Form G-28 in case the non-US employee is represented by an attorney) and documents proving that the applicant has obtained the necessary academic/professional credentials, a copy of the contract, report of state wages, internal tax returns, photos of the employer’s establishment, and a copy of the employee’s passport.
- Pay the corresponding fees: I-129 Form filing fee, employer-funded training fee, fraud prevention and detection fee, public law 114-113 fee.
- Submit the application form and different documents to the closest USCIS service centre. You will receive a case number.
- Wait till getting a response from USCIS. In case your petition is approved, Form I-797 will be generated, authorizing the foreign employee to start processing his or her H1B visa application.
Application Process – Employees
Once the employer has passed through all the steps, the employee can start applying for an H1B visa.
The first step is to complete and submit the DS-160 Form, which is done online. This form is not exclusive for H1B visa applicants, since every single non-immigrant visa applicant needs to complete it. You can find this form available at the Consular Electronic Application Center website.
Once you have submitted the DS-160 Form, you can pay the H1B visa fees ($190) and schedule your visa interview.
Do not forget to collect the required documents before your visa interview, you are obliged to take them with you. Do not worry if you don’t know what is the required documentation yet, we will talk about it in the following section.
In case you have never applied for a US visa, your fingerprints will be taken and stored for the next applications.
H1B Visa – Required Documentation
In case you have applied for a US visa before you need to submit tax return forms and recent payslips.
On the other hand, if this is the first time you apply for a US visa, you may need to provide contact information of past colleagues, a letter explaining your responsibilities while working in the US, photos of your current and past business establishments or locations and official bank statements.
The following documents are common for every single applicant:
- Confirmation of your visa interview
- Receipt confirming that H1B visa fees have been paid.
- Copy of the applicant’s valid passport, including the most important pages.
- Applicant’s diplomas or certificates proving his or her skills.
- Curriculum Vitae
- Information from your past employer or employers.
- A detailed document issued by your employer where your future professional tasks are fully described.
- Form I-129: the original, a copy, and the receipt number.
- A copy of Form I-797.
- US Visa Photo. Make sure you know how to take the correct one by reading the following section’s tips.
