The U.S. labour market is constantly in need of foreign workers to fill critical positions. If you are one of such young talents, securing an H1-B visa might just be what you need to take your career to the next level.
This article contains detailed step-by-step instructions on how to secure an H1-B Visa. But before that, let us explore what an H1-B visa means, how it benefits you and a U.S. employer, and the eligibility conditions.
What Is a H-1B Visa?
A H-1B visa is a category of visa that permits employers in the U.S. to hire foreign workers temporarily in specialty occupations. Employees hired for these specialty roles need to have at least a bachelor’s degree or its equivalent in relevant fields.
The occupation must require advanced knowledge, specialized skills, a degree, or extensive experience for it to be considered a specialty. Jobs that fall under this category include those in mathematics, engineering, technology, medical sciences, and finance.
Benefits of H1-B Visas
For Employers:
- It gives them access to highly skilled specialists and expertise across the globe.
- It helps to make up for the deficit in the U.S. workforce.
- It enables companies to remain competitive by recruiting the best minds to drive innovation and growth irrespective of location.
For Employees:
- Great opportunity to advance your career and earn more.
- Opportunity to explore American culture and work with people from all walks of life.
- One of the most reliable pathways to obtaining a green card.
Eligibility Criteria and Requirements
To be eligible for an H1-B visa, employers and employees alike must meet certain requirements.
For Employers:
- Employers must be willing to compensate foreign workers fairly. This means that foreign workers are entitled to earn as much as domestic workers with the same qualifications and job description.
- Employers must file an LCA with the Department of Labour to certify that hiring a foreigner will not affect the working conditions of domestic workers.
For Employees:
- You must possess a bachelor’s degree in your chosen field. In some cases, however, an extensive relevant work experience may make up for a bachelor’s degree.
- You must have received an offer of employment for a specialized role.
- You must have established some sort of employee-employer relationship with a U.S. employer.
The eligibility criteria for the H1-B visa are quite complex. If you do not fulfill all of these criteria strictly, chances are you won’t even be considered for the visa at all. And even when you do fulfill these criteria, getting an H1-B visa is not guaranteed. It would help to evaluate your credentials using a renowned credentialing service to ensure that they meet the required standards to increase your chances.
This step is vital for those who have received their first and/or second degree in countries other than the U.S. Additionally, you should emphasize your skills and experiences when preparing your resume and other documents. Employers and visa officers are more interested in the relevance of your skill and how much contribution it can make to the company.
Step-by-Step Process to Secure an H1-B Visa Plus Processing Timeline
Step 1: Find the Right Employer
Well if you are going to secure a H1-B visa you need to find an employer in the U.S. This part can be tricky if you have little or no knowledge about the U.S. workforce and their recruitment processes. One of the first things you will need to do is put together a strong and compelling CV that highlights your skills and experiences.
Next, research and utilize online job boards to seek out companies with current job listings. Once you have spotted a company that interests you, tailor your CV to meet the company’s specifications and turn in your application. You can reach out to them and indicate your interest if the company you are interested in is not recruiting at the time.
Note: Not every U.S. employer offers visa sponsorship, so you need to do proper research before applying. It would help to focus on companies that hire H1-B workers regularly. Such companies already know how the process works. They are familiar with the immigration rules, the cost, and the enormous amount of paperwork involved.
Step 2: The Initial Registration
The second step is the initial registration. Once you have secured a job in the U.S. as a foreigner, your employer will register you online with the USCIS. They will pay for this registration, and submit your basic information as a potential H1B worker. All information supplied at this stage must be correct and complete. Otherwise, you might be disqualified.
The timeline for this registration is approximately the first 3 weeks of March. This time frame may be extended if any issues exist. Hence, always confirm the registration timeline for each year.
Step 3: Lottery Selection Phase
Every year, a large number of people register for H1-B visas. When this number exceeds the required annual cap, USCIS eliminates some applicants using the lottery system. This lottery takes place at the end of March or the beginning of April, which is immediately after the registration process. All the selected applicants are notified via their USCIS online account and are invited to the next stage.
This method is generally cost-effective and less time-consuming for people who are unlucky in the lottery system. Applicants needed to complete the entire process before partaking in the lottery in the previous procedure. But with this new procedure, you only need to provide your basic information before the screening and lottery takes place.
The H1B visa Lottery has got to be one of the most annoying parts of the visa process. The USCIS receives hundreds of thousands of applications yearly whereas the annual cap is 65,000 for the regular category. The implication is that many qualified candidates are left at the mercy of a chance-based selection process. This system is highly unpredictable and creates an environment of uncertainty for employees and employers alike.
You should start your application as early as possible. Ensure all your documents are correct and complete to increase your chances of success. The lottery system is random, but turning in an error-free petition will increase your chances of being approved. You can also apply for both the regular and advanced degree lotteries if you have a U.S. higher degree. Finally, apply for other visa types such as the O-1 visa if you have extraordinary ability or the L-1 visa because those are less competitive.
Step 4: Submission of Petition
For those who made it through the lottery stage, the next step is to submit their full petition. The petition is also filled by the employer within 90 days of invitation. The submission window usually opens on the first day of April and employers are expected to submit a comprehensive H1-B visa petition in the next 90 days.
A. Labor Condition Application LCA
The LCA is an essential part of the Petition submission. It is a document the employer files with the Department of Labor confirming a proper work condition and fair wages for the H1B worker. If the employer is filing an LCA for the first time, the processing is a little more complicated and could take up to 14 days. But if the employer has filed an LCA sometime in the past, the processing time is going to be approximately 7 days. Hence, employers are urged to file the LCA as early as possible to ensure that all documentation is ready when the H1-B visa window opens.
B. Employee Visa Petition
If and when your H1-B petition is granted, you are expected to apply for a non-immigrant visa online and attend an interview at your local US embassy. You can complete this application in just a day or two. After the interview, every successful application is processed within 3 to 5 working days after which the visas will be sent back. Note that processing time and interview scheduling may vary depending on your local embassy or consulate. Therefore you must endeavour to check the time frame that applies to the local embassy where your application is to be processed.
Step 5: Petition Processing
The USCIS will review the submitted application, and it will be approved if every aspect is satisfactory. Under the regular package, petition processing may take up to several months (June-August). It can be expedited to 15 days if you opt for a premium package. However, you will be required to pay an extra fee for a premium package.
Once your petition is complete and accurate it reduces the risk of delay or denial. If your employer fails to provide sufficient supporting documents, your application may be denied. As an alternative, USCIS May issue your employer a Request for Evidence (RFE). This gives your employer a second chance to submit every required supporting document.
Step 6: Approval and Issuance of the H1-B Visa
The USCIS will inform the employer as well as the beneficiary after all the necessary checks and the petition is approved. This usually happens between August to September. With an approved petition, you may now apply for a visa at your local US embassy. You can resume work in the U.S. from October 1–the beginning of a new fiscal year once the visa is issued. With an approved H1-B visa, you are free to travel into the U.S. 10 days before your resumption date. This visa is valid for an initial 3-year period and a total 6-year period starting from the first day you use it to enter the U.S.
Conclusion
The H1-B application process is incredibly lengthy and complicated especially if you are opting for the regular package. You will be required to submit a lot of documents and fill out a lot of paperwork all within a tight deadline. You are bound to break down before the processing is completed if you’re impatient and sloppy.
But if you start early to gather the necessary information and make proper preparations, you will save yourself from lots of mistakes and prevent undue stress. If you feel this is too much for you to handle, you can always employ the services of a travel agency to help you with the process.
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