The US H1B Visa program caters to foreign professionals seeking to work in specialized occupations within the United States. This non-immigrant visa is characterized by allowing U.S. companies to employ workers from abroad in specialty fields like IT, finance, engineering, science, medicine, etc., that require technical or theoretical expertise. Here’s a closer look at the eligibility requirements and application process for the H1B Visa.
Eligibility Requirements for the US H1B Visa
To qualify for the H1B Visa, individuals must fulfill the following criteria:
1. Specialty Occupation: Applicants must demonstrate that the job offer from the U.S. employer corresponds to a specialty occupation. The role should require a high level of skill or knowledge, typically evidenced by at least a bachelor’s degree or its equivalent in the specific field.
2. Higher Education or Equivalent: The applicant must hold at least a bachelor’s degree or its equivalent in education and/or work experience. Work experience can be accounted for using the standard that three years of professional experience is equivalent to one year of higher education.
3. Employer-employee Relationship: There must be a valid employer-employee relationship with the U.S. employer who petitions for the H1B Visa. The company must have the right to control the work of the employee.
4. Labor Condition Application (LCA): The employer must obtain an approved LCA from the U.S. Department of Labor, attesting to the fact that the foreign worker will be paid at least the prevailing wage for the job position and that employing a foreign worker will not adversely affect the working conditions of U.S. colleagues.
5. Numerical Cap: The H1B Visa is subject to an annual cap with only a limited number of visas issued each fiscal year. The current cap is set at 85,000 visas per year, with 20,000 of these visas earmarked for individuals who have earned a master’s degree or higher from a U.S. institution.
H1B Visa Application Process
The application for the H1B Visa comprises several key steps:
1. Determining Quota Eligibility: Employers should first verify if the application is subject to the H1B cap. Certain employers, such as institutions of higher education, are exempt from the cap.
2. LCA Approval: The employer must file an LCA with the Department of Labor and get it certified. The LCA includes details such as wage, location, and conditions of employment.
3. Form I-129: Upon approval of the LCA, the employer must submit Form I-129, Petition for a Nonimmigrant Worker, to USCIS. This form should include evidence of the employee’s qualifications, the job offer, the LCA, and any other supporting documentation.
4. Application Period: The H1B Visa has a specific application period, during which USCIS accepts petitions, typically starting on April 1st for the fiscal year beginning October 1st.
5. Lottery Selection: Due to visa limit, if the number of petitions received during the application period exceeds the cap, USCIS conducts a randomized lottery to select the petitions to be processed.
6. Notice of Selection and Petition Review: Employers are notified if their petition is selected in the lottery, and USCIS further reviews the petition. If approved, the employer will receive a Notice of Action (Form I-797).
7. Visa Stamping: Once the petition is approved, the foreign worker must apply for visa stamping at a U.S. Embassy or Consulate in their home country (if the worker is outside the United States).
8. H1B Status and Port of Entry: After visa stamping, the employee can travel to the United States and maintain H1B status, which is typically issued for an initial period of three years and can be extended to a maximum of six years.
Given the competitive nature and complexity of the H1B Visa process, it is highly recommended that applicants and employers consult with immigration attorneys to navigate the intricate process and ensure that all qualifications are met and procedures followed thoroughly and accurately.
