Having an H-1B visa is a big step for professionals who want to work in the United States. An H-1B visa is a non-immigrant visa that allows foreign professionals to perform work in specialty occupations that require theoretical and practical application of specialized knowledge along with either a bachelor’s degree in the specialty or its equivalent. Knowing How To Apply for an H-1B visa is essential to obtaining the visa.
Step 1: Obtain a Job Offer from the U.S. Employer
The first step is to obtain a job offer from a U.S. employer who is willing to sponsor you for the H-1B visa. The job description must qualify as a specialty occupation, which involves a position that typically requires at least a bachelor’s degree or higher in some specific specialty. Typical specialties are: IT, engineering, health care, and finance.
Step 2: Employers must file a Labor Condition Application (LCA)
Before the employer may file an H-1B petition with USCIS, the employer must have submitted a Labor Condition Application (LCA) with the U.S. Department of Labor. The LCA is a sworn statement from the employer that it will pay the prevailing wage for the occupation, as well as that hiring the foreign worker will not damage working conditions for the U.S. workers. The employer must also post notices at the worksite to inform employees about the LCA.
Step 3: Employer Registers for H-1B Lottery
The H-1B visa has an annual cap, so the employer must electronically register each beneficiary in the designated registration period – normally in March of each year, at which time the registration is submitted electronically by the employer with a $10 registration fee for each beneficiary, and if selected in the lottery, the employer can move onto filing the full H-1B petition.
Step 4: Employer Files Form I-129 Petition
The selection in the lottery allows the employer to file the Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). The petition would include:
- Approved LCA
- Job offer letter from employer
- Beneficiary’s educational credentials
- Employer’s support letter
- Filing fees
Processing times for Form I-129 can differ, as well as the relevant filing fees. Premium processing is available for an additional fee, which can expedite the decision on the Form I-129 petition to 15 calendar days.
Step 5: Consular Processing or Change of Status
If the beneficiary is outside the U.S., they will need to apply for a visa at a U.S. consulate or embassy. To do this, they will need to submit Form DS-160, schedule an appointment at the consulate or embassy, and provide the required documents. If the beneficiary is already in the U.S. and filed for their H-1B status as a “Change of Status,” their status will automatically change to H-1B upon approval.
Step 6: Admission to the U.S. and Employment
After the H-1B visa is approved, the beneficiary will be able to enter the U.S. and start working on or after October 1st of the fiscal year. The initial stay is normally for three years, with the possibility to extend, but the maximum stay is six years.
Final Thoughts
The steps to obtain an H-1B visa are a structured process that will have specific steps and timelines. Each step counts as an integral part of the application process, from getting a job offer to entering the U.S. itself. For a well-thought-out explanation of the process, refer to the H-1B visa step by step guide.
The H-1B visa application process can be complex and overwhelming. If you are uncertain on how to get started to pursue your stay in the United States, we, at Abhinav Immigration Services, are here for expert advice on the application process. Our dedicated team brings years of heartfelt experience, standing beside you every step of the way on your journey toward a successful visa application.
Visit Abhinav Immigration Services to learn more.
