H1-B is a temporary Visa granted to an individual for working under specific employer. This Visa allows only limited amount of foreign workers or professionals to work temporarily in United States. H1-B visa has an advantage of dual indent that a person can Hold H1-B visa and can apply for green card. It is very popular Visa among professionals seeking for a career in United States.
H1-B visa: qualification requirements and validity
Qualifying for H1-B visa required some important points that are observed by the Immigration lawyers and USCIS to check whether applicant is eligible or not. Basically 3 step analyses is done, including
- Attorney will determine if the post applied by the foreign worker is related to professional or specialist job.
- Background and education of the applicant is determined by the Attorney if the applicant is eligible for Job or not.
- The wages provided by the employer must fulfill the DOL (department of Labor) LCA (labor condition application) criteria.
Another important point to determine is that whether the applicant is inadmissible to United States. All these are basic qualifying requirements.
Validity of H1-B Visa is only for three years. This Visa can be extended up to three years or one can obtain Permanent residency of US.
Application Process of H1-B visa
Application procedure for H1-B visa has many steps that are stated by US Law. Applicant must follow the criteria of eligibility for Visa. After that these steps should be taken orderly.
- Employer agreement and sponsorship for foreign worker
Employer can be an individual or a company but have to meet certain criteria that include sponsorship for H1-B visa of Employee as well as have to agree on taking foreign worker as his employee.
- Salary agreement
US government has certain salary policies that are meant for US as well as foreign employees. If an agreement happens between employer and foreign worker who is willing to work on prevailing wages in US under that employer then government will approve this agreement.
- Labor Certification Application filing with DOL
This application is mandatory with a simple form submission that certifies the foreign workers will get the fair wages with medical and other benefits given to other employees. However it also states that foreign employment will not affect employment of US workers. Labor Department will return approval that is to be submitted with H1-B visa application.
- Employer must follow certain criteria
Certain administrative steps should be taken by employer including preparation of Public access file and submitting information of posts to be filled by foreign workers.
- H1-B petition filing with USCIS
Relative Forms, Documents and Fees are submitted during this process under USCIS rules and regulations.
- USCIS Application examination and receipt issuance
USCIS takes a long time to adjudge an application but this time can be reduced to few weeks by giving extra charges. A receipt is provided to the petitioner with 9 digit reference number. It is a proof for petitioner that his/her application is in examining queue.
- Notice by USCIS
USCIS give notice to the petitioner about the status of the application whether it is approved or rejected. However if USCIS found the application or information incomplete then it may Request for evidence that is RFE.
65000 is the annual limit for H1-B visa out of which 6800 are reserved for employees of Chile and Singapore due to US free trade agreements with these countries. Additional 20,000 spaces are also allotted for the foreign students that complete master’s degree from US authorized Universities and Institutions.
We are aware of all the important dates and procedures of H1-B visa application. With our experience and panel of specialists we have approved Visa applications successfully. You can trust on us and feel free to contact us for further query.