1. What is an H-1B visa?
An H-1B visa is a type of visa available to foreign nationals who are employed in specialty occupations. It allows them to live and work in the United States for up to three years, and may be extended for an additional three years. The visa holder must be sponsored by an employer in the United States.
2. Who is eligible for an H-1B visa?
An H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. To be eligible for an H-1B visa, the individual must have a job offer from a U.S. employer and must meet the requirements of a specialty occupation, which requires specialized knowledge and/or a bachelor’s degree or higher in a specific field.
3. What is a Specialty Occupation?
A specialty occupation is a job that requires a high level of specialized knowledge and the attainment of a specific set of skills in order to perform the duties of the job. Examples of specialty occupations include software engineers, medical laboratory technicians, financial advisors, and marketing research analysts.
4. How long can an H-1B visa be valid?
An H-1B visa can be valid for a maximum period of three years, although it can be extended up to a total of six years.
5. How do I apply for an H-1B visa?
To apply for an H-1B visa, you must first obtain a sponsoring employer and then file a petition on your behalf with the United States Citizenship and Immigration Services (USCIS). The employer will also need to demonstrate that the position is a specialty occupation requiring specialized skills and knowledge. The petition must include supporting documentation such as an employer-employee relationship, job description, education/experience requirements, a Labor Condition Application, and proof of qualifications. After the petition is approved, the application can be filed with the necessary documents and fees.
6. How much does it cost to apply for an H-1B visa?
The cost of filing an H-1B visa application with the U.S. Citizenship and Immigration Services (USCIS) is $460 for the base filing fee and $500 for the American Competitiveness and Workforce Improvement Act fee, for a total of $960. Additional fees may apply depending on the applicant’s situation.
7. Can I work in the U.S. while my H-1B visa petition is pending?
No, you are not allowed to work in the U.S. while your H-1B visa petition is pending. Your employer must wait for the approval of your H-1B visa before you can begin working in the U.S.
8. Is there a numerical cap on the number of H-1B visas available each year?
Yes. The annual numerical cap on the number of H-1B visas available each year is currently set at 65,000.
9. What documents must an employer submit with an H-1B visa application?
An employer must submit the following documents with an H-1B visa application:
* A Labor Condition Application (LCA) approved by the Department of Labor
* A copy of the employee’s passport and other applicable immigration documents
* Evidence of the employee’s educational background, such as a diploma or transcripts from the college or university
* Evidence of a sponsored job offer, such as a job description and/or an offer letter from the employer
* Evidence of the wages to be paid to the employee, such as a salary structure or pay stubs
* Evidence of special qualifications, if any, of the employee
10. What is the difference between an H-1B and an L-1 visa?
An H-1B visa is a specialty occupation visa for non-immigrant workers in the U.S. It is typically used for positions requiring a higher level of educational training or specialized skills. The H-1B visa allows employers to hire a non-immigrant worker for up to six years, depending on the specific occupation.
An L-1 visa is another type of work visa that enables multinational companies to transfer employees from one of their foreign offices to their office in the U.S. The employee must have worked at the foreign office for at least one continuous year in the past three years prior to applying for the L-1 visa, and will be allowed to work in the U.S. for up to seven years.
11. How long does it take to process an H-1B visa application?
The processing time of an H-1B visa application can vary depending on the case, but generally it can take anywhere from several weeks to several months. It is important to note that USCIS will only begin to process the application after the employer has filed a Labor Condition Application (LCA) with the Department of Labor (DOL) and obtained an approved LCA. Once the approved LCA is received, USCIS will begin processing the H-1B application and may issue a receipt notice to the petitioner. Finally, if all goes according to plan, a decision should be made and a visa issued within 3-6 months after filing.
12. Can I file an H-1B visa application on behalf of an employee from another country?
No, you cannot. Only a US employer can file an H-1B visa application on behalf of an employee from another country. The US employer must prove that they are willing and capable to employ the foreign national and must support them financially.
13. Who qualifies as a “dependant” of an H-1B visa holder?
A “dependent” of an H-1B visa holder is typically the visa holder’s spouse and unmarried children under 21 years old. These dependents are usually able to obtain H-4 visas that allow them to live in the United States with the H-1B visa holder.
14. Does having an H-1B visa guarantee employment in the U.S.?
No, having an H-1B visa does not guarantee employment in the U.S. The visa is a temporary work authorization, and the individual must find employment in order to be able to use it.
15. Are there any restrictions for H-1B visa holders on international travel?
Yes. Generally speaking, a valid H-1B visa is required for international travel. Depending on the specific country, some visa holders may also need to obtain additional visas or permits in order to enter the destination country. In addition, the U.S. Department of State and U.S. Department of Homeland Security may issue travel advisories or other restrictions that may impact an individual’s ability to travel outside of the United States.
16. Can I work for multiple employers with an H-1B visa?
Yes, you can work for multiple employers with an H-1B visa as long as each employer files a separate H-1B petition on your behalf.
17. Are there any restrictions on how long I can stay in the U.S. with an H-1B visa?
Yes, H-1B visas are initially granted for a period of three years, but can be extended up to six years. After six years, individuals must depart the U.S. for at least one year before being eligible for another H-1B visa.
18. Is it possible to extend my stay beyond the expiration date of my H-1B visa?
Yes, it is possible to extend your stay beyond the expiration date of your H-1B visa. However, you must file a Form I-129, Petition for a Nonimmigrant Worker, with USCIS before your current status expires to extend your stay.
19. Can I bring my family members with me to the United States under my H-1B visa status?
No. Family members may be eligible for derivative H-4 visa status, but they would need to obtain their own visas.
20. 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 be out of status unless you are able to find a new employer who is willing to file an H-1B petition on your behalf. You are also allowed to remain in the U.S. up to 60 days after your employment has ended to find new employment or make arrangements to leave the country. You should consult with an immigration attorney as soon as possible if this occurs.