Specialized worker
or H1B Visa

H-1B Visa

The H-1B visa is the non-immigrant visa that allows you to work in the US temporarily. If you are planning to visit the US for a pre-arranged professional job, you need to apply for the H-1B visa. To be eligible for this visa, you must hold a bachelor’s degree or any other higher qualification (or equivalent degree) in the specialty or field in which you seek employment.

Apart from this, your employer is required to submit a labor condition application to the Department of Labor providing the terms and conditions of your employment. The US Citizenship and Immigration Services (USCIS) will decide if the purpose of your travel is specialty employment.

Mostly, the nonimmigrant H-1B visa applications require the employer to file a petition and get it approved by the USCIS before you apply for the visa. The petition is nothing but Form I-129 which must be approved by the US Embassy and then verified through the Department of State’s Petition Information Management Service while you attend the interview. However, the issuance of the petition does not ensure the visa grant.

What Is Required to Apply For the H-1B Visa?

Your application can be processed by the US Embassy, up to 90 days prior to the beginning of your employment. You can use the H1-B visa for entry in the US only 10 days prior to the beginning of the period mentioned on your approved I-797 form.

 

  • The H1-B application can be filled online. You will fill out form DS-160.
  • Your passport needs to be valid 6 months beyond the date of your last day in the US.
  • The form requires a 2 x 2 (51 mm) photograph taken within the last 6 months.
  • Your employer needs to send an I-797 form.
  • You should save your receipt number for future use.

Restrictions while on H1-B visas

Being a non-immigration visa, the duration of the H-1B visa is 3 years at maximum. But, under certain valid and reasonable conditions, it can be extended until 6 years. However, your status as a non-immigrant remains and you should to look for options to apply for permanent residency for e.g. EB5.

How to Apply For H-1B Visa?

The application process is similar to other non-immigrant visas. For the process details click here

What After You Get The H-1B Visa?

If applying for family members, the process is easier once you have received your own H1-B. Dependents are required to bring necessary documents showing proof of marriage or birth certificates for children under 21 years.

The H1-B visa allows you multiple entries into the US as long as your visa is valid. You are allowed to buy real estate and trade in the stock market too. Additionally, you are allowed to change employers while on H1-B, however, your new employer should file their petition for an alien employee before starting. Keep in mind, that the change in your visa status is required if the nature of your work changes because H1-B is given to employees with specialty in their fields.