How do h1b visas work




















If you are within the United States on a different visa category, you must wait until your H-1B visa status becomes active in order for you to start working. If you are outside the United States, then you will need to apply for consular processing. To do this, you will need to complete Form DS , which will take around 90 minutes to fill in.

You will also need to pay the application fee, and schedule an interview at a U. Once you have arranged an interview, you will need to bring documents such as:.

During your interview, you may be asked questions about yourself, the job, your experience, the employer and your travel history. Will my family be able to come with me, if I hold an H-1B visa?

Yes, your spouse and any unmarried children under the age of 21 may be able to accompany you on H-4 visas. How long will I be able to stay and work in the U. The H-1B visa is valid for three years, and can be extended for up to six.

Can my spouse work? It depends. If your spouse holds an H-4 visa, they may be able to apply for employment authorization if you, the H-1B visa holder, is on track to get a green card. Currently, H-1B visa holders may apply for a green card.

However, there may be lengthy delays. Under the current system, if they turn 21 before your green card is approved, they will need to apply for another visa to stay, such as a student visa. The Biden administration may remove this, and also make it easier for dependents of H-1B visa holders to gain work authorization. Learn more about how Boundless can help you make the switch smoothly. The dates vary each year, but in , USCIS announced that people could register for the H-1B lottery in March, and that it would let people know if they had been selected to file for a H-1B visa by the end of March How do I check the results of the H-1B lottery?

The account will show the status of your application. Can I expedite my H-1B visa? Yes, premium processing is available for the H-1B visa. You can do this at the same time as you file your Form I petition.

Our teams assist with:. Y-Axis can help you make the most of this opportunity with our end-to-end support that starts with helping you find a job, applying for a visa, applying for a PR and more. Talk to us today to discover how we can help you. There are 2 options to get a job in the US. The second option is to study an MS degree in the US and search for a job there. Below are some of the common steps to be followed for the US Work Visa application:. In most of the cases, it is 12 months.

Nevertheless, obviously, no individual will be offered a Work Visa that has longer validity than their authorized stay in the US. It may take around 5 months for processing your US Work Visa and in some cases up to 7 months. No, this is not possible. To apply for this visa, you must have a job offer from a U. This visa has a validity of three years with the option to extend it up to a maximum of six years. Once the maximum period for the visa is over, a foreign worker must either leave the U.

Otherwise he can lose his legal status and can even be deported. Presently the H-1B visa programs issue 65, visas to qualifying foreign workers. However, 20, additional visas are issued to those eligible to work under the H-1B advanced degree exemption. Determine your visa type by reading Common Nonimmigrant Visas. Each visa type explains the qualifications and application items.

Choose the visa type that applies to your situation. All information must be correct and accurate. Once the form is submitted, you cannot make any changes.

You will need to login to your profile with the same credentials you used to pay your visa fee. On the website, you must schedule two appointments, one for the Visa Application Center VAC and one for the visa interview at the Embassy or Consulate.

After your visit to the Visa Application Centre to have your photo and fingerprints taken, you will then visit the U. Embassy or Consulate on the date and time of your visa interview along with the required documents.

An employer can accept a non-immigrant by hiring them for an H-1B visa to work in the United States. The visa was created in when Congress expanded the Immigration and Nationality Act and is not a direct path to citizenship.

IT, engineering, medicine, math, law, accounting, and other difficult-to-master occupations are eligible for H-1B visas. To obtain an H-1B visa, an employer must complete the following steps :.

Only new H-1B applicants are required to go through the lottery system — and petitions are selected at random to be evaluated. Foreign workers who are still within the three-year limit of their H-1B visa are free to transfer to another employer without being subjected to the lottery pool.

However, for foreign workers who have exceeded the six-year limit on the H-1B visa may be required to re-enter the lottery system if they plan to return to work in the US after the one-year waiting period. H-1B cap-exempt workers include those who have been previously granted an H-1B status and are still within the six-year period. Exemptions can also apply to workers in higher education, nonprofit organizations associated with a higher education institution, or nonprofit research or government organizations.

Since the rules can change frequently, consult the Department of Labor for the most recent updates. Individuals must have a relevant degree from a public or not-for-profit university located in the United States.

The school must be properly accredited by a formally recognized accrediting organization such as the Accrediting Council for Independent Colleges and Schools or the Accrediting Council for Continuing Education and Training. However, the change must be legitimate.

You can do this by giving the employee a promotion, codify it with a performance appraisal and make sure the job complies with the prevailing wage. Click to play. Alternatives to the H-1B Visa People who may be eligible for the H-1B may also be eligible for: the TN visa for citizens of Canada or Mexico ; the E3 for citizens of Australia ; O1 extraordinary ability in a wide range of fields ; L1 visa if they have been employed overseas for at least one continuous twelve-month period within the last three years ; The E1 treaty trader or E2 treaty investor visas may also be worth looking into.

H-1B Filing and Selection Periods Once the H-1B petition is filed, the selection process can take anywhere from four to six months, depending on whether the petitioner is subject to the cap or not. Can I still qualify for an H1B visa? An O1 visa may be an option if you meet at least three of the following conditions: Have received national or international awards or prizes of excellence in their field. Being a member of associations whose membership requires outstanding achievement, judged by nationally or internationally recognized experts in the respective discipline.

Their work has been featured in professional or high-profile trade publications or mainstream media. The applicant has served in some capacity as a judge of others in the same or closely related field. This could either be individual or as part of a judging panel. Have had articles published in professional or notable trade publications.

Have made original scientific, academic, or business contributions of major significance in their respective field. Have served in a leading or critical capacity for highly regarded organizations or establishments.

Command a high salary or remuneration for their services. Other relevant evidence of exceptional expertise that does not fit any of the above criteria. What are the hoops that have to be jumped through? How much does it cost? Deference to previously approved visas The first major hurdle for H-1B visa holders came in the form of Policy Memorandum issued on October 23, Level 1 wage The second complication to H-1B petitions is wage levels.

Specialty occupation This brings us to the problem of singular degrees and specialization. What will be the implication of this on H1B Visa holders? H-1B Visa News. Read More. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Cookie settings OK. Manage consent. Close Privacy Overview This website uses cookies to improve your experience while you navigate through the website.

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