H1B Visa is
Suitable For:
- Foreign professionals with
specialized knowledge, such as scientists, engineers,
programmers, research analysts, management consultants,
journalists, accountants, and others with Bachelor's or
equivalent degree
- Foreign nationals entering the
U.S. to offer exceptional services relating to cooperative
research and development projects administered by the U.S.
department of defense
- Professional Nurses entering
the U.S. to perform complex job duties or supervise nursing
operations
- Distinguished fashion models
- U.S. companies to bring in
qualified foreign professionals for jobs that require a
bachelors degree and specialized skills
Read More ....
H1B visas are available for a
variety and growing number of professions/occupations which are
listed below:
- IT / Computer professionals
- University professors and
teachers
- Engineers
- Healthcare workers
- Accountants
- Financial analysts
- Management consultants
- Lawyers
- Architects
- Nurses
- Physicians
- Surgeons
- Dentists
- Scientists
- Systems analysts
- Journalists and editors
- Foreign Law advisors
- Psychologists
- Technical publications writers
- Market research analysts
- Teachers in elementary or
secondary schools, colleges
Note: In order to start with this
process a candidate needs to be offered a job from a prospective
employer in the US. Please note that we are not a recruiting agency
and do not provide this service. Once a prospective employer has
been identified, we work with the employer to complete all the
immigration formalities.
All you wanted to
know about H1B visa.
1. What is H-1B work visa?
The H-1B specialty workers visa is a nonimmigrant visa which allows
foreign nationals to enter into the U.S. and perform services in a
prearranged professional job. The job must be in a 'specialty
occupation' and must require a bachelor's degree as a minimum for
entry into the field.
Note: The H-1B work visa allows an organization with an IRS Tax
Number/ Federal Employer Identification Number to employ a foreign
national for up to six years.
2. What is 'specialty occupation' for the purposes of H-1B visa?
A specialty occupation requires theoretical and practical
application of a body of specialized knowledge along with at least a
bachelor's degree or its equivalent.
Note: Architecture, engineering, mathematics, physical sciences,
social sciences, medicine and health, education, business
specialties, accounting, law, theology, and the arts are specialty
occupations.
3. How do I qualify for
H-1B visa?
To qualify for H-1B visa, you must:
• Demonstrate that you have the ability to work in the specialty
occupation that requires the theoretical and practical application
of highly specialized knowledge
• Be coming to the U.S. to earn money or a livelihood working in a
professional capacity, and not for pursuing a hobby, for pass time,
giving free advice or humanitarian service
• Seek temporary entry into the U.S.
• Have a bachelor's degree or the equivalent in work experience. You
should have bachelor's degree plus three years of work experience
for each year of missing university education. This would be
considered four-year bachelor's degree
Note: This classification also applies to Government-to-Government
research and development, or co-production projects administered by
the Department of Defense
4. What are the
benefits of H-1B visas?
The benefits of H-1B visa are:
• Multiple H-1B visas: In most cases, there are no limits to the
number of H-1B visas an individual may have in their lifetime
• Green Card: The H-1B professionals may simultaneously seek Lawful
Permanent Residency or a Green Card for themselves and for their
family
• Cost of early dismissal: The employer must agree to pay the
foreign national the reasonable cost of transportation to go back to
his/her home country if the employer terminates employment prior to
the end of the authorized employment period. The foreign national
will then go back to his/her home country. Normally, this is not a
problem since the foreign national usually desires to stay in the
U.S. and changes into another nonimmigrant status
• If you change jobs you must reapply for a new visa, under the new
position. This does not mean that you have another six years. The H
category visa allows you to stay in the country for six years,
regardless of whether you changed employers during this period.
Those who arrived in the country on H-4 visas, and converted to H-1B
status, have to remember that this six-year period starts counting
from the day they arrived in the country on their H-4 visa
5. What are
the limitations of H-1B visas?
The limitations of H-1B visa are:
• Temporary Duration: Because of the H-1B visa's temporary nature,
individuals who seek H-1B visa must have the intent to remain in the
U.S. only temporarily. However, individuals who seek H-1B visas need
not maintain a foreign residence and may later petition for Lawful
Permanent Residence. If a petition for Lawful Permanent Residence is
not made or the petition for Lawful Permanent Residence is denied,
the H-1B worker will be required to return to his/her home country
at the end of the authorized employment period
• The H-1B Cap: An annual numerical limit is imposed on the number
of H-1B visas issued during a fiscal year. For the fiscal year 2003,
the cap is 65,000. However, the quota only applies to new H-1B
applications, and does not apply to H-1B status holders who are
seeking extensions or change of employer
6. What is
the validity period of H-1B visa?
Generally H-1B visa is granted for three years. It may then be
extended, in the first instance for two more years, and eventually
for another one year.
For further extension, the H-1B professional must remain outside the
U.S. for at least one year before becoming eligible for another H-1B
visa. If the professional acquires permanent residency (Green Card)
he/she need not remain outside the country for one year. Certain
foreign nationals working on Defense Department projects may remain
in H-1B status for 10 years.
The six year limit has been relaxed by a new law on October 17,
2000. Now, you may apply for Extension of Stay of one year at a
time, until your Green Card application is processed. The
restriction is that you should have applied for Green Card within
five years of being on H-1B.
7. Can I bring
my dependents on H-1B visa?
Yes, you may bring your dependents on H-1B visa. Your spouse and
unmarried children are entitled to an H-4 visa and they can stay as
long as you maintain valid H-1B status. However, they may not accept
employment, but may attend school in the U.S. You may even bring
your servants on B-1 visa.
8. How do I apply for
H-1B visa?
An individual may not apply for H-1B visa. H-1B status requires a
sponsoring U.S. employer. A U.S. employer has to sponsor the H1B
petition to employ a foreign professional.
9. How
should an employer petition for H-1B visa?
The Forms to be filed for an H1B petition are:
• Form ETA-9035, Labor Condition Attestation, with the Regional
Department of Labor office. Through this application your employer
assures the DOL that he/she will provide you with fair salary and
equal benefits which are provided to a U.S. citizen. It also states
that it was not able to find any U.S. citizen who was qualified for
the position
• Form I-129, Petition for Nonimmigrant Worker, with H Supplement,
and supporting documentation including the approved LCA should be
filed with the USCIS Regional Service Center having jurisdiction
over the city of intended employment. When it is approved, the
employer or agent is sent a notice or approval Form I-797 and a copy
of it is forwarded to the American Consulate
10. What is
the processing time for H-1B visa?
The H1B processing time varies because all cases are different.
Generally it takes between three to six months to process an H-1B
visa. You must wait at least two weeks after you send in your
application for a receipt from the USCIS and another two weeks
before you call the USCIS to check the status.
Note: When USCIS officials get your application package, they will
send you a receipt showing the date your case was received and the
receipt number assigned to it. Use the receipt number to track the
status of your application when you call the number listed at the
bottom of the receipt notice.
11. What
do you mean by 'H-1B dependent employer'?
An employer runs the risk of becoming an 'H-1B dependent employer'
if he hires too many H-1B employees. Employers are considered to be
H-1B dependent if they fall into any one of the following three
categories:
• An employer has 25 or fewer full time employees of which more than
seven are H-1B employees
• An employer has between 26 to 50 full time employees of which more
than 12 are H-1B employees
• An employer has more than 50 full time employees of which 15% or
more are H-1B employees
12. When should I file my H-1B petition if I am currently under
optional practical training on F-1 visa?
You may file for H-1B status while in your practical training
itself. Getting H-1B takes a lot of time and sometimes you might
have to wait for three to four months before you resume employment.
If you file your H-1B petition while in the practical training, you
will have your H-1B ready by the time you are out of training. If
the H-1B petition is filed before the expiry of F-1 or B-2, you will
not be out of status. If your OPT expires before the H-1B is
approved, you cannot legally work until the H-1B is approved.
13. What is the difference between H-1B status and H-1B visa?
An H-1B visa is a nonimmigrant visa issued by a U.S. Embassy or
Consulate abroad. H-1B status is a nonimmigrant status issued by the
USCIS to foreign nationals already residing in the U.S. or upon
entry with an H-1B visa. Legal status allows you to stay legally
within the U.S. while a visa allows you to seek entry into the U.S.
legally.
14. I have been fired recently while on H-1B status. Can I remain
legally in the U.S. by changing status to another nonimmigrant visa
category?
Yes, you may apply for Change of Status to another nonimmigrant visa
category for which you qualify. USCIS officers have been allowed to
exercise their discretion to grant you another nonimmigrant status,
if you apply for change of status within 10 days after you are
fired.
Note: If you are not planning to depart the U.S. the only way to
maintain legal status is to file a new petition under a new employer
or change status from H-1B to other nonimmigrant status, such as B-1
or B-2.
15. What is the new 'displacement' or 'no lay-off' attestation rule?
There are two new 'displacement' attestations that apply to H-1B
dependent employers:
The first requires the employer to attest that he did not displace
and will not displace a U.S. worker employed by the employer within
the period beginning 90 days before and ending 90 days after the
filing of the H-1B petition based on the Labor Condition Application
The second requires the employer to attest that he will not place
the H-1B worker with another employer where:
• The H-1B worker performs duties in whole or in part at one or more
worksites owned, operated and controlled by the other employer
• There are employment relationships with the other employer, unless
the petitioning employer has inquired of the other employer and has
no knowledge that the other employer has displaced or intends to
displace another U.S. worker
16. What are the documents required to apply for H-1B visa outside
the U.S.?
The documents required for H1B visa application are:
Passport
Documents sent by your employer:
• LCA - Labor Certification Approval
• Appointment letter by your Employer
• Tax Returns Papers of the company (if your employer sends them)
• Copy of letter to the Department of Justice
• Copy of letter to the Consular General of the Indian consulate
• Copy of the official evaluation of your degrees (if your employer
sends it)
Your certificates:
• Degree certificate
• PG certificate (if applicable)
• Appointment and Relieving certificates for all the companies where
you claim employment or Service certificates from the company giving
dates and duration of your service
Dates of any prior stays in the U.S. in H-1B status
Very short description of job duties with the sponsoring U.S.
Company
If occupation requires licensure in the U.S., copy of current U.S.
license or temporary license
A copy of your resume, any additional diploma or supporting
certificates, just for good measure
Two Demand Drafts made in favor of the name specified - one for
Processing Fee ($45)* and the other for Issuance Fee ($100)
Two/three passport size color photographs
If processing H-4 visas for dependent family members, copies of
biographic and visa pages for all family members:
• Copies of children's birth certificates
• Copy of marriage certificate
17. What are the documents required to apply for H-1B status when
already in the U.S.?
The documents required to process an H-1B petition while in the U.S.
are:
• Copy of the biographic and visa pages of current passport
• Present U.S. address
• Foreign address (may be address of parents or closest relative)
• Day and evening phone numbers and/or e-mail address
• Copy of Form I-94 card
• Copy of all prior H-1B approval notices (if currently on F-1
status, copy of Form I-20)
• Dates of any prior stays in the U.S. in H-1B status
• Current resume listing employment history
• Copy of your university or college degree, and if available, copy
of university or college transcripts
• If you have ever obtained a credentials evaluation, a copy of the
credentials evaluation
• Title with the sponsoring U.S. Company
• Very detailed description of job duties with the sponsoring U.S.
Company
• If occupation requires licensure, copy of current license or
temporary license
• Social Security number
• Copy of most recent W2
• Copy of most recent pay slip with current employer
18. What factors determine the prevailing wage for an H-1B
beneficiary?
Relevant factors in determining prevailing wage include:
• Job title
• Educational and work experience requirements
• Job duties
• Job location
• Labor contract terms
19. What is the checklist for employers of H-1B applicants?
• Copy of employment agreement, if any
• Salary of the foreign worker
• Full corporate name and address
• Address where the foreign professional will be working
• Name, title, phone number, fax number, e-mail address of company
contact who will sign the petition
• H1B visa employer's federal I.D. tax number
• Gross and net annual income for the employer for the most recent
year for which such figures are available
• Current number of employees
• Year the company was established
• Company brochure or other relevant company literature, if
available
• Number of H-1B workers on staff
• Title and a detailed description of the position, including
responsibilities and duties
• Twenty pieces of corporate letterhead stationary
20. How do I
revalidate my H-1B visa?
Getting H-1B status and getting your visa stamped are two different
things that are often confused. Getting H-1B approval implies that
you are authorized to work in the U.S. and getting visa stamped
implies that your passport has been authorized to enter the U.S.
Usually H-1B authorizations are issued for a period of three years
and the date stamped on your passport would be close to this period.
21. How do I
get extension for my H-1B visa?
H1B extension is the extension of authorization to work in the U.S
but it is not the actual visa. In order to travel across the U.S you
need to get your visa stamped against the new extension, this is
known as H-1B revalidation.
22. What is
the new legislation on H-1B visa?
The most recent legislation on H-1B is the American Competitiveness
in the 21st Century Act of 2000, which became effective on October
17, 2000. The new legislation permits extension of H-1B status past
the six-year limit where a labor certification has been pending for
365 days or longer, regardless of whether or not a Form I-140,
Immigrant Petition for Alien Worker, has been filed. Another Act on
H-1B is the 21st Century Department of Justice Appropriations
Authorization Act, effective since November 2, 2002.
23. What
is premium processing of H-1B petition?
Through the USCIS Premium Processing Service U.S. employers may pay
a $1,000 fee for expedited processing of their H-1B's. This service
guarantees that within 15 days USCIS will issue either an approval
notice, a notice of intent to deny, a request for evidence or a
notice of investigation for fraud or misrepresentation. This service
is available from July 30, 2001. Employers may request Premium
Processing by filing a completed Form I-907, Request for Premium
Processing Service.
24. What status will be assigned to H-1B workers who are laid-off?
If you are laid-off or have resigned from your current employer, you
will lose your status immediately. It is advisable to leave the U.S.
as soon as possible to avoid legal issues. You will not be able to
change your status to any other visa because you have lost your
valid visa status.
25.
Can I transfer my H-1B visa to another company?
You may apply for an H1B transfer to another company. For this you
need a valid employment in the U.S. Also you have to prove that you
have recent pay stubs (at least 60 days old) and last year W2 forms
(if applicable). If you do not have recent pay slips, then you may
need to explain the reasons to USCIS. (Unpaid vacation or long sick
leave approval letters from your current employer may be
considered.) As per law, the petitions that were filed after the
last date of employment are not eligible for change of status or
change of employment because the applicant becomes out of status
when the applicant loses the job. The laid off H-1B worker will be
considered out of status even though he has valid H-1B visa in his
passport or valid I-94 card.
26. I am still the employee of my company, but without pay, what is
my status?
As per the law, you should get paid from day one of your U.S.
employment. You cannot live in the U.S. without a salary unless you
are on unpaid vacation or sick leave. Your status is legal and
valid, but if you are not able to find another employment quickly,
it is advisable to leave the U.S. If your employer refused to pay
your salary, you can complain to the nearest USCIS office or
Department of labor (DOL).
27. I'm qualified as an MBA and I wish to work as a computer
professional in a company that pays $50,000 annually, will I be
considered as an 'exempt H-1B employee'?
No, you are not an exempt H-1B employee. Your Master's degree must
be 'in a specialty related to the intended employment,' which means
that your degree must be generally accepted in the industry or
occupation as an appropriate or necessary credential or skill for
the job. Since an MBA is not generally considered to be a degree
necessary for computer programming, it does not meet the higher
degree exemption clause.
28. I'm not qualified with a Master's Degree. But I can show that my
work experience is equivalent to the knowledge and background of a
Master's Degree holder. Do I qualify as an 'exempt H-1B worker'?
No, you do not qualify as an exempt H-1B worker. The equivalence to
the degree may not be established through work experience. You must
have been awarded a Master's degree or higher in a field related to
the intended area of employment.
29. Can I reenter the U.S. with the same H-1B visa and join another
company?
Yes, you may enter the U.S. with an H-1B visa from a different
employer to join a new employer, but only if the new employer has
filed an H-1B petition on your behalf.
30. What if there is a change in my working conditions while I'm on
H-1B status?
As long as you continue to provide H-1B services to a U.S. employer,
most changes will not affect your H-1B status. You may change H-1B
employers without affecting status, but your new H-1B employer must
file a new Form I-129, Petition for Nonimmigrant Worker, before you
start working for him. The merger or sale of your H-1B employer's
business will not affect your status in many instances. However, if
the change means that you are working in a capacity other than the
specialty occupation for which your employer petitioned, it is a
status violation.
31.
Are there any travel restrictions on H1B visas?
No, there are no travel restrictions on H-1B visa. You may travel
outside the U.S. and reenter as many times during the validity
period of the H visa and approved petition.
32. Can I intend to immigrate permanently to the U.S. when on H-1B
visa?
Yes, you may apply for Adjustment of Status while on H-1B visa. You
may be the beneficiary of an immigrant visa petition, or take other
steps toward Lawful Permanent Resident status without affecting H-1B
status. This is known as 'dual intent' in the immigration law.
During the time your application for LPR status is pending, you may
travel on your H-1B visa rather than obtaining Advance Parole or
requesting other advance permission from USCIS to return to the U.S.
33. How does AC21
affect the H-1B cap?
Section 214(g) of the Immigration and Nationality Act sets an annual
limit on the number of foreign nationals that can receive H-1B
status in a fiscal year. For FY2000 the limit was set at 115,000.
AC21 increases the annual limit to 195,000 for 2001, 2002 and 2003.
After that date the cap reverts back to 65,000.
34. Are there
new exemptions to the H-1B cap?
Yes, in addition to increasing the cap, AC21 exempts H-1B workers
who are employed by or have an offer of employment from:
• Institutions of higher education
• Related or affiliated nonprofit entity
• Nonprofit or government research organization
Note: AC21 also specifies that H-1B worker be counted against the
cap if the worker transfers from an 'exempt' employer to an employer
that does not have an exemption. In addition, the FY 2001 cap does
not include H-1B petitions filed after USCIS reached the FY 2000 cap
on March 22, 2000 but before September 1, 2000. USCIS estimates that
approximately 30,000 petitions were filed during that time frame.
35. When did the
law come into effect?
Almost all of the provisions of AC21 and the related legislation
came into effect immediately upon enactment. The law was officially
enacted on October 18, 2000. The sole exception is the increase in
H-1B petitioner fee from $500 to $1000, which takes effect on
December 17, 60 days after enactment.
36. Are there any
new filing exemptions?
Yes, an amended H-1B petition is no longer required when the
petitioning employer undergoes a corporate restructuring, including
but not limited to a merger, acquisition or consolidation, where the
new corporate entity succeeds to the interest and obligations of the
original petitioning employer and where the terms and conditions of
employment remain the same but for the identity of the petitioner.
37. Who are eligible to use the H-1B 'portability' provisions?
The portability provisions allow a nonimmigrant foreign national
previously issued H-1B visa or otherwise accorded H-1B status to
begin working for a new H-1B employer as soon as the new employer
files H-1B petition for the foreign national. Previously, foreign
nationals in this situation had to await USCIS approval before
commencing the new H-1B employment. These provisions apply to H-1B
petitions filed 'before, on, or after' the date of enactment, so all
foreign nationals who meet this definition can begin using the
portability provisions.
38. Are there any other limitations on the 'portability' provisions?
A foreign national must have been lawfully admitted into the U.S.
The new employer must have filed a 'non-frivolous' petition while
the foreign national was in a period of stay authorized by the
Attorney General. A non-frivolous petition is one that has some
basis in law or fact. USCIS plans to further define this in its
implementing regulations. Subsequent to such lawful admission, the
foreign national must not have been employed without authorization.
39. How will employers who hire H-1B foreign nationals using the
portability provisions comply with their I-9 requirements?
Current regulations, 8 C.F.R. 274A.12(b)(20), authorize employment
with the existing employer after a request for extension of H-1B
status is filed. The foreign national in this case is employment
authorized but the I-9 Form, Employment Eligibility Verification,
contains no provision for this authorization. Employers should
follow the documentation procedures they currently use for an
extension of this sort. Typically, this could involve attaching a
copy of the receipt notice for the filed petition along with a copy
of the foreign national's I-94 to the I-9 kept on file.
