The H-1B visa is a non-immigrant visa that permits individuals from around the world to work in the United States under the sponsorship of an employer. This visa category is specifically tailored for professionals in specialized fields that demand a higher level of education or technical expertise, such as science, medicine, engineering, and mathematics.
For international students in the United States seeking to extend their stay beyond the Optional Practical Training (OPT) period, the H-1B visa offers an excellent opportunity to remain employed in the country and continue accumulating experience in a specific field. Typically, this visa is initially granted for a three-year period and may be further extended for an additional three years under special circumstances. In contrast to some other visa types that allow self-application, the H-1B visa necessitates your employer to submit the application on your behalf.
The H-1B lottery, officially known as the H-1B visa cap selection process, typically occurs in April each year. Employers submit their H-1B visa petitions during the designated filing period, which usually opens on April 1st. If the number of petitions received exceeds the annual cap (both the regular cap and the advanced degree exemption cap), a random lottery is conducted to select the petitions that will be processed further.
To qualify for an H1-B visa you will need to meet the strict criteria listed below.
For many students, the process of applying and being accepted into a U.S. academic institution is the lengthiest part. The visa process is a series of steps that take place after you accept an enrollment offer.
In order to receive an H-1B visa you must be able to prove an employer-employee relationship where the hiring company can hire, fire and supervise your work.
Examples:
A detailed explanation of the specific duties of the job, the product or service your company provides, or the complex nature of the role you will perform, and how your degree relates to your potential role within the company.
Written opinions from experts in the field explaining how your degree is related to the role you will perform.
Printouts from online resources describing the degree fields normally associated with the occupation or proof that similar companies in the industry require similar degrees for similar positions.
The prevailing wage is determined based on the job you will have and the geographic location where you will be working, among other factors.
To estimate the prevailing wage that may be required for your job, click here.
According to the U.S. Citizenship and Immigration Services, there is a cap of 65,000 H-1B visas issued each fiscal year. The first 20,000 petitions filed for individuals with a master’s degree or higher are exempt from this cap, in addition to workers employed at an institute of higher education, government research organization, or a nonprofit research organization.
Cap numbers are often used up very quickly, so it is important to plan in advance if you will be filing for an H-1B visa that is subject to the annual H-1B cap. The U.S. government’s fiscal year starts on Oct. 1. H-1B petitions can be filed up to 6 months before the start date, which is generally April 1 for an October 1 start date.
The processing time for an H-1B visa can vary based on several factors, including the specific service center handling the application, the time of year, and any potential delays or issues in the application process. Generally, the processing time can range from several weeks to several months.
The H-1B visa application process involves multiple steps, such as Labor Condition Application (LCA) filing by the employer, submitting the H-1B petition to U.S. Citizenship and Immigration Services (USCIS), and potential consular processing for those outside the United States. USCIS offers premium processing, which expedites the adjudication process for an additional fee, usually providing a decision within 15 calendar days.
It’s important to note that application timelines can change, and individuals are advised to check the USCIS website or consult with their immigration attorney for the most up-to-date information on processing times.
Initially, an H-1B visa is typically granted for a period of three years. However, it can be extended for an additional three years, bringing the total maximum duration to six years. Extensions beyond the six-year limit are possible in certain circumstances:
AC21 Extension: If the H-1B visa holder has an approved employment-based green card petition (Form I-140) but is unable to adjust status due to visa number unavailability or per-country limits, they may be eligible for one-year extensions beyond the six-year limit.
H-1B Portability: If an H-1B visa holder changes employers, and the new employer sponsors them for a new H-1B petition, they may be eligible for H-1B extensions beyond the six-year limit.
It’s important to note that the ability to stay beyond the initial three-year period is contingent upon meeting certain eligibility criteria and complying with the relevant immigration regulations. Individuals are advised to consult with their immigration attorney or check the U.S. Citizenship and Immigration Services (USCIS) website for the latest information and guidance on H-1B visa duration and extensions.
The costs and fees associated with applying for an H-1B visa can vary depending on several factors, including the employer’s size, the specific circumstances of the case, and whether the employer is subject to the H-1B visa cap.
Our Initial Registration/Consultation fee is $1,000, that is non-refundable.
Fill out the application form. One of our representative will contact you with a consultation agreement and walk you through the whole process.
Make sure, you have your up-to-date resume/C.V. ready in order to start the process.