H-1B Visa

What is an H-1B Visa?

The H-1B visa is a common non-immigrant work visa for U.S. employers to hire foreign workers with at least a four-year degree or equivalent to perform jobs in specialty occupations such as software engineering, business analytics, marketing, medicine, law, etc. The H-1B visa can also be used for fashion models of distinguished merit and ability, or persons providing service related to Department of Defense cooperative research and development projects.

What makes the H1B visa for temporary workers popular is that it is a dual-intent visa. Dual intent visas allow their holders to apply for a change of status to an immigrant visa. This means an H-1B holder could legally have an immigration intent (apply for and obtain a green card ) while still being a holder of the H-1B visa.

Who qualifies for H-1B Visa?

To qualify for an H-1B visa, the following requirements must be met:

1. the foreign worker must have at least a bachelor’s degree in a field related to the job offer, or a combination of education and experience equivalent to a bachelor’s degree in the job field;

2. The job position must be a specialty occupation. This means a job position that requires both the theoretical and practical application of a body of highly specialized knowledge, such as engineering, law, medicine, design, and the obtainment of a bachelor’s degree or higher (or equivalent experience) in the specific specialty occupation.

3. The job position must pay the prevailing wage to the H1b visa holder. The prevailing wage is the wage rate set for the job position in the geographical area of the place of work. To calculate your prevailing wage, go to http://www.ows.doleta.gov/. The prevailing wage can be hourly or salaried. The employer must pay the guaranteed minimum hours unless the H1b worker is unable to work.

What are the H-1B Employer’s obligations?

The U.S. Employer must file an LCA (Labor Condition Application) and comply with the prevailing wage requirements, which is to say the employer must pay the same wages that U.S. workers in the same geographical area receive doing the same job.

What is the H-1B Lottery?

H-1B visas are capped at 65,000 per fiscal year, meaning there are only 65,000 H-1B spots every year. This limit to the total number of H-1B visas available is also called the H-1B Cap. Each year, a significant number of foreign workers apply for H-1B visas. The number is so large that it often surpasses the H-1B cap by over 400%. Therefore, a lottery is often conducted to select candidates at random.

Is it Possible to Skip the H-1b Visa Lottery?

Yes. If the employer who is sponsoring you is an institution of higher education, a nonprofit organization connected to an institute of higher education, or a government research organization, then the visa cap does not apply. If you are hoping to file for an H-1B visa and your occupation is subject to the cap, then you will need to register with USCIS electronically to enter a lottery. To do this, you will need to create an online account with USCIS.

H-1B Visa Additional Benefits

Insurance. An H-1B visa holder is eligible for health insurance depending on how long they will be staying in the United States. As an H1b visa holder, you can purchase Short-term insurance and Long-term (domestic) insurance.

Real estate. The H-1B visa holder can buy or sell real estate or any other property in the USA. An H-1B visa holder can purchase lottery tickets if the H-1B visa holder can invest in the stock market as well. Special conditions may apply if you are unsure speak to an immigration attorney.

H-1B Visa Family - H4 Visa

The spouse and unmarried children (under the age of 21) of H1B professionals are allowed to stay in the United States under a dependent category called the H4 visa for the same duration as the H1B status.

If your spouse holds an H-4 visa, they may be able to apply for employment authorization if you, the H-1B visa holder, are on track to get a green card.

Any children who moved with you may “age out” of their visa status, which is tied to your H-1B visa. Under the current system, if they turn 21 before their green card is approved, they will need to apply for another visa to stay, such as an F-1 student visa or a B-2 tourist visa. So, if you qualify and have a valid job offer talk to an immigration attorney to find out when you need to apply for an Employment-Based Green Card.

H-1B Multiple Employers

If you desire to switch jobs, the new employer has to file a new Form I-129 ( H1B Transfer ). When an H-1B nonimmigrant works with multiple employers if any of the employers fail to file the petition, or if you start working before your H1b transfer petition is filed, it is considered unauthorized employment and the nonimmigrant fails to maintain the status.

H-1B Visa to Green Card

Additionally, the H-1B holder is eligible to seek permanent residence (Green Card) in the USA. Permanent residence (Green Card) is possible via several routes. EB-2 PERM, EB-2 NIW, or EB-1 are all available options.

Traveling with H-1B

When an H-1B worker travels outside the U.S. for any reason (other than to Canada or Mexico), he or she must have a valid visa stamp on his or her passport for re-entry into the United States. If the worker has an expired visa stamp but an unexpired i-797 petition, he or she will need to appear in a U.S. Embassy to get a new stamp.

Having a valid visa allows you to go to a U.S. port of entry and request entry to the U.S. If you leave the U.S. for travel and return, as long as your H-1B visa is still valid, you may be able to be admitted on H-1B status. H1B visa can be a multiple entry visa, which allows a person to travel in and out of USA any number of times, within the specified visa validity period.

H-1B Processing Fees

The total cost of an H1B visa varies between $1,700 to $6,500 in 2023. The exact amount will depend on variables like optional premium processing fees, attorney fees, and employment criteria.

H-1B Premium Processing

While filing H1B, employees have the option to choose the H1B Premium Processing service. Currently, the average time of processing an H1B visa is 2.5 months. Premiums Processing expedites the processing time for H1B applications to 15 calendar days.