1. What is an H1B visa?

An H1B visa is a non-immigrant visa that allows employers in the United States to hire foreign workers in specialty occupations. It is specifically designed for skilled workers, including those in fields such as technology, engineering, science, finance and medicine. The purpose of the H1B visa is to fill labor shortages in these specialized fields with qualified foreign workers. The visa is valid for up to three years and can be extended for a total period of six years.

2. Who is eligible for an H1B visa?

Eligibility for an H1B visa includes meeting the following criteria:

1. Having a job offer from a US employer: In order to apply for an H1B visa, an individual must have a job offer from a US employer who is willing to sponsor their visa.

2. Specialty occupation: The job offered must be a “specialty occupation,” meaning it requires at least a bachelor’s degree or equivalent in a specific field of study.

3. Possessing the necessary qualifications: The individual must have the required education, experience, and skills to perform the duties of the specialty occupation.

4. Employment must be full-time: The individual must be employed full-time (at least 35 hours per week) by the sponsoring employer.

5. Licensed professionals may not require a degree: Certain professions, such as lawyers and doctors, may not require a degree but instead require a valid license in order to practice in the US.

6. Non-immigrant intent: Applicants must prove that they intend to return to their home country after their authorized stay in the United States is over.

7. Limited annual cap: There is an annual limit on the number of H1B visas issued each year, so individuals must apply during designated filing periods and there is no guarantee of approval.

8. Admissibility requirements: Applicants must also meet general admissibility requirements for entering into the United States, including having no criminal record or past violations of immigration laws.

3. What are the requirements for obtaining an H1B visa?

The requirements for obtaining an H1B visa are:

– A job offer from a US employer that is willing to sponsor the applicant for an H1B visa
– The job must be a “specialty occupation” which requires a minimum of a bachelor’s degree or equivalent in a specific field of study
– The applicant must have the necessary qualifications and/or experience required for the job
– The employer must file an approved Labor Condition Application (LCA) with the Department of Labor, stating that they will pay the employee at least the prevailing wage for the position
– The applicant must have at least a bachelor’s degree or equivalent in a related field, unless they can prove significant work experience in lieu of education
– The number of H1B visas issued each year is capped at 65,000 for regular applications and additional 20,000 for applicants with advanced degrees from US universities. Therefore, there is also a requirement to apply as early as possible if interested in acquiring an H1B visa.

4. How long is an H1B visa valid for?

The initial validity of an H1B visa is for up to three years. However, it can be extended for an additional three years, for a total of six years. Some exceptions apply, such as extensions beyond six years for certain visa holders with pending green card applications.

5. Can I extend my H1B visa?

Yes, you can extend your H1B visa.

To extend your H1B visa, you must file a petition with the United States Citizenship and Immigration Services (USCIS) before your current visa expires. The petition must be filed by your employer on your behalf.

The extension of an H1B visa is subject to the same regulations and restrictions as the initial application process. Your employer must still demonstrate that the job position requires a specialized skill set and that you are qualified for the role.

It is important to note that H1B visas have a maximum duration of six years, after which you must leave the country and remain outside of the US for at least one year before applying for another H1B visa. However, certain exemptions may apply, such as having a pending green card application or being in valid nonimmigrant status during the time spent outside of the US.

If you wish to stay in the US permanently, you may also apply for permanent residency (green card) through employment-based sponsorship before your H1B visa expires. This would allow you to continue living and working in the US without needing to renew your H1B status.

6. Can my family members accompany me on an H1B visa?

Yes, your family members (spouse and unmarried children under the age of 21) can accompany you on your H1B visa. They will be eligible for H4 visas, which allow them to reside in the US with you but do not allow them to work unless they obtain their own work visas. They can also study in the US on an H4 visa.

7. Can I change jobs while on an H1B visa?

Yes, you can change jobs while on an H1B visa. However, you will need to meet certain requirements and follow the proper procedures in order to do so.

You will need to find a new job with an employer who is willing to sponsor your H1B visa. This new employer must file a new H1B petition on your behalf, which must be approved before you can begin working for them.

Additionally, if you are currently working for a different H1B employer, you must continue working with them until your new visa is approved. Once your new visa is approved, you can then transfer to your new job.

It is important to note that changing jobs while on an H1B visa can have implications for your green card application and may affect the timing of when you become eligible for permanent residency. It is recommended to consult with an immigration attorney before making any changes in employment while on an H1B visa.

8. How do I apply for a US work permit (employment authorization document. with an H1B visa?

In order to obtain a work permit (employment authorization document or EAD) in the US with an H1B visa, you will need to follow these steps:

1. Check your eligibility: Before applying for an EAD, make sure that you are eligible for one. H1B visa holders are generally eligible to apply for an EAD if they have a job offer from a US employer and the job falls within the same occupational specialty as their approved H1B petition.

2. Complete Form I-765: The application for an Employment Authorization Document is done through Form I-765, also known as the Application for Employment Authorization.

3. Gather required documents: Along with Form I-765, you will need to submit supporting documents such as your valid passport, visa, I-94 arrival/departure record, and copy of your form I-797A approval notice for your H1B visa.

4. Pay the filing fee: There is a filing fee associated with applying for an EAD, which is currently $410 (subject to change).

5. File your application: Once you have completed Form I-765 and gathered all required documents, you can file your application either by mail or electronically through USCIS’ online portal.

6. Wait for processing and approval: Processing times vary but it can take several months for USCIS to process your EAD application. You can check the current processing times on USCIS website using Case Status Online tool.

7. Receive and review your work permit (EAD): If approved, you will receive an employment authorization document which will include important information such as validity dates and any restrictions or limitations on the type of work you can do.

Please note that it is important to maintain valid H1B status while waiting for your EAD to be processed and approved. Once your EAD is approved, you can use it along with your H1B visa as proof of your eligibility to work in the United States.

9. Do I need to have a job offer before applying for an H1B visa?

Technically, no, you do not need to have a job offer before applying for an H1B visa. However, in order to be approved for an H1B visa, you must have a job lined up with a sponsoring employer, as the visa is specifically for individuals who will be working in a specialty occupation for a specific employer. Without a job offer from an eligible employer, your application would likely be denied.

10. What is the cap or limit on the number of H1B visas issued each year?

The cap or limit on the number of H1B visas issued each year is 85,000. This number includes 65,000 regular H1B visas and an additional 20,000 for applicants who hold advanced degrees (master’s or higher) from U.S. universities. However, certain categories of H1B visas are exempt from this cap, such as those sponsored by institutions of higher education, non-profit organizations affiliated with institutions of higher education, and governmental research organizations.

11. When does the application period for H1B visas open each year?

The application period for H1B visas typically opens on April 1st of each year.

12. Is there a priority or preference system for allocating H1B visas?

Yes, there is a priority system for allocating H1B visas. This includes:

1. Priority for cap-exempt employers: First preference is given to employers who are considered cap-exempt institutions, such as universities, nonprofit research organizations, and government research organizations.
2. Priority for individuals with advanced degrees: Second preference is given to individuals holding a master’s degree or higher from an accredited U.S. institution.
3. Lottery system: If the above preferences do not apply, employers submit petitions in the regular H-1B visa lottery. The lottery randomly selects a limited number of petitions to be processed towards receiving an H1B visa.

Note that there are also certain special categories, such as Chilean and Singaporean nationals under certain free trade agreements, who receive priority for H-1B visas over nationals of other countries.

13. How much does it cost to apply for an H1B visa?

The total cost to apply for an H-1B visa:

1. Filing Fee: The filing fee is $460.00 for the I-129 petition.

2. ACWIA fee (Training fee): Companies with 25 or more full-time employees must pay an additional $1,500.00 (training) on top of the filing fee.

3. Fraud Prevention and Detection Fee: An extra $500 if you are working as a third-party placement services provider under the H-1B visa.

4. Public Law 114-113 Fee: An additional $4,000 if your employer has 50 or more employees, with more than 50% of those employees having non-immigrant status in the United States.

5. Premium Processing Fee: An optional service for expedited processing within 15 days costs an additional $2,500 as of October 2019.

6. Attorney Fees: Depending on the complexity and involvement required from the attorney, typical attorney fees range from $1,500 to $5,000+ for an H-1B visa application.

In total, including all possible fees and attorney fees, it can cost anywhere from $6,600 to over $10,000 to apply for an H-1B visa.

14. What documents do I need to provide when applying for an H1B visa at a US embassy or consulate abroad?

When applying for an H1B visa at a US embassy or consulate abroad, you will need to provide the following documents:

1. Valid passport: You must have a passport that is valid for at least six months beyond your intended period of stay in the United States.

2. Form DS-160 confirmation page: This is the online nonimmigrant visa application form that you must complete and submit before your visa interview.

3. Visa application fee payment receipt: You will need to pay the non-refundable visa application fee before your interview and bring the payment confirmation receipt with you.

4. Form I-129 (Petition for Nonimmigrant Worker): This is the form that your employer or sponsor must file on your behalf to petition for an H1B visa.

5. H1B Approval Notice (Form I-797): This is the document received from USCIS notifying you that your H1B petition has been approved.

6. Letter of Support from Employer: Your employer should provide a letter confirming your employment, job duties, salary, and other relevant information in support of your H1B visa application.

7. Proof of educational qualifications: You will need to provide evidence that you meet the minimum educational requirements for the H1B visa category.

8. Work experience letters: If you are using previous work experience to meet educational requirements, you will need to provide letters from previous employers detailing your job duties and verifying your employment dates.

9. Resume/CV: It is helpful to bring a current resume or CV listing your work history and qualifications.

10. Credentials evaluation report: If your degree is from a foreign institution, it may be necessary to obtain an evaluation report from a qualified agency confirming its equivalency to a U.S. degree.

11. Photographs: Two recent color photographs meeting the US visa photo requirements are required for each applicant.

12. Proof of ties to home country: You may be required to provide evidence of your intention to return to your home country after your H1B visa expires, such as family ties, property ownership, or employment opportunities.

13. Additional documents: Depending on your specific case, you may be asked to provide additional documentation such as marriage and birth certificates, criminal records, or proof of financial support.

14. Visa interview appointment confirmation: You will need to bring the confirmation page with the barcode from your visa interview appointment scheduling website.

It is important to also check the specific requirements of the US embassy or consulate where you will apply for the H1B visa. They may have additional document requirements or procedures that differ slightly from those listed above.

15. How long does it take to process and receive approval for an H1B visa application?

The processing time for H1B visa applications can vary depending on many factors, such as whether or not premium processing is requested and the backlog of applications at the USCIS. On average, it can take anywhere from several weeks to several months for the application to be processed and approved. Premium processing, which guarantees a response within 15 calendar days, can significantly expedite the process.

16. Can my employer sponsor me for permanent residence (green card. through my H1B status?

Yes, your employer can sponsor you for permanent residence (green card) through your H1B status. This process is known as an employment-based green card sponsorship and involves several steps, including obtaining a labor certification from the U.S. Department of Labor, filing an immigrant petition (Form I-140) with USCIS, and adjusting your status to permanent resident once your priority date becomes current. Your employer will need to show that there are no qualified U.S. workers available for the position and that sponsoring you for permanent residence will not adversely affect the wages and working conditions of similarly employed U.S. workers. It is important to note that this process can take several years, so it is recommended to start as early as possible.

17. Will I be able to travel outside of the US while on an H1B visa?

Yes, you can travel outside of the US while on an H1B visa. You will need to have a valid passport and a valid H1B visa stamp in your passport in order to re-enter the US. Additionally, you may need to obtain a new visa stamp if your current one has expired or is close to expiring. It is recommended that you consult with an immigration attorney before traveling outside of the US while on an H1B visa to ensure all necessary documents and processes are in place.

18.Can I work remotely or from home while on an H1B visa?

Yes, you can work remotely or from home while on an H1B visa as long as your employer has authorized the remote work and it is still within the same location listed on your Labor Condition Application (LCA) and H1B petition. If you plan to work from a different location, your employer must file for an amended petition with USCIS. It is important to note that any changes to your employment terms, such as remote work, must comply with H1B regulations and be approved by USCIS.

19.What happens if my employer terminates my employment while I am on an H-

1B visa?

If your employer terminates your employment while you are on an H-1B visa, you will have a 60-day grace period to find another job or leave the United States. During this time, you must maintain valid immigration status and have either a new job offer with an approved H-1B petition or make arrangements to depart the country. If you are unable to find another job within the grace period, you may be subject to deportation proceedings.

20.B status?

It is not clear what is meant by “20.B status.” This could refer to the status of a particular person, organization, or entity in a specific context. As such, it is not possible to provide an answer without more information.