H-1B Visa: Work Visa for Professional Specialty Workers

Applying for H-1B Work Visa is one of the favorable path for the aliens realizing their American Dream. Here in this article, HelptoUSA will elaborate this visa from those focused aspects: advantages, quota, qualification, steps, processing time and documents:

1. What is H-1B Visa?

The H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H-1B visa program is utilized by some U.S. businesses and other organizations to employ foreign workers in specialty occupations that require: theoretical knowledge, attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the US. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors.
 

2. Advantages of H-1B Visa

1.Dual intent/opportunity to petition for future permanent residence.
2.With the H-1B visa, there is no need for an alien worker to maintain a foreign residence, as opposed to many other temporary visas.
3.An H-1B holder is allowed to go to school part time or full time without an F-1 as long as he/she currently holds a valid H-1B status.
4.Can apply for part-time H-1B. As long as your work hours are at least 50% of the normal full time hours in your industry and you satisfy all other requirements for an H-1B, you are eligible to receive a part time H-1B status. If you have an H-1B status already, you can apply for a concurrent H-1B for another part time job. In this situation, there is no set number of hours that the beneficiary must work for each employer.

3. Quota of H-1B Visa (H-1B Cap)

Maximum 65,000 H-1B non-immigrant visas are issued per fiscal year. However, 6,800 out of these are reserved for Chile and Singapore under certain Free Trade Agreements between these countries and the United States. Therefore, only 58,200 new H-1B numbers are available each fiscal year. If there any visa numbers are unused under the Chile/Singapore quota, they would be used towards candidates that come under the regular cap. Additionally, the Omnibus bill exempts up to 20,000 foreign nationals with Masters' degrees or higher from U.S. institutions of higher education from the H-1B cap.

Workers of following categories are not subject to H-1B cap:

(1). extensions for current H-1B workers
(2). changes/amendments current H-1B workers
(3). changes of employer by current H-1B workers
(4). new concurrent employment for current H-1B
(5). previous H-1B workers who have not been outside the U.S. for one year or more since that petition was granted
(6). H-1B petitions filed by institutions of higher learning, affiliated research
(7). Organizations, nonprofit research organizations, and government research organizations.

4. Qualification for Applying H-1B Visa

(1). Petitioner
①. A U.S. employer: a person, firm, corporation, contractor or other association or organization in the United States with an IRS tax identification number;
②. Have the ability to pay;
③. The position offered requires:
A. a bachelor's or higher degree in the specific activity (or its equivalent);
B. the knowledge, both theoretical and applied, which is almost exclusively obtained through studies at an institution of higher learning;
C. a specific course of study which relates directly to the position.
(2). Beneficiary
①. Bachelor's or higher degree:
A. A U.S. Bachelor's degree, or
B. A foreign degree that is determined to be the equivalent of a U.S. Bachelor's degree;
C. Education, specialized training, and/or experience that are equivalent to a U.S. Bachelor's degree.
②. Qualifying the Position as a "Specialty Occupation", technical requirements are:
A. full state licensure to practice in the occupation, if such licensure is required to practice in the occupation;
B. completion of the degree in the specific specialty required as a minimum for entry into the occupation; or
C. Experience in the specialty equivalent to the completion of such degree, and recognition of expertise in the specialty through progressively responsible positions relating to the specialty.

5. Steps &  Processing Time for Applying H-1B Visa

(1). File LCA with the Department of Labor 6 months before work will start. Processing Time would be about 1~2 weeks.

(2). After LCA is certified, file I-129 packet with USCIS on April 1st. Processing Time would be about 2~4 months. For more details about USCIS Processing Time please see https://egov.uscis.gov/cris/processTimesDisplayInit.do

(3). After USCIS approves I-129, case transfers to the Consulate, make interview appointment with Consulate

(4). After passing the Interview, receive H-1B visa

(5). Enter the U.S. to work for U.S. employer

USCIS begins to accept the H-1B petitions on April 1st every year; and the alien worker can start to work for U.S. employer since October 1st.

6. Documents for Applying H-1B Visa
(1).  I-129 Petition
①. Employer
Letter supporting the petition, Business license or registration certificate, Organization chat, Lease Agreement/ Certificate of Real Estate Ownership of the facility, Federal Tax returns, etc.
②. Beneficiary
Passport, Resume, Certificates of degrees, diplomas, Employment verification letter(s), Professional license and certificate or other working permits, etc. 
Please click "Supporting Documents" of our service H-1B Professional Specialty Workers (Initial in USCIS) for more details.
(2). Consulate Interview
I-797 Approval Notice, I-129 package, Employment letter and Certificates of degrees, diplomas, etc. 
Please click "Supporting Documents" of our service H-1B Professional Specialty Workers Visa in Consulate for more details.