Immigration News

How To Apply For The H-1B Visa?

How To Apply for the H-1B Visa?

The H-1B visa is a work visa that requires the applicant to be sponsored by a US employer to apply. If the worker has a job offer from a US company, they can apply for an H-1B visa through the US. The employer then receives applications from various applicants, and if the foreign worker meets the requirements for the open position, the procedure for obtaining a US H-1B visa is initiated. Because the H-1B application process begins with a US employer, they must meet certain requirements set by the US.

An H-1B visa is Employer sponsored

H-1B visas are employer-sponsored, which means foreign workers cannot apply for H-1B on their own. Employers in the U.S. must apply for H-1B visas on behalf of foreign workers. The H-1B must have a dedicated job in the U.S. and your employer must apply for an H-1B visa with the U.S. Department of Immigration.

I-797 Work Permit

Once approved, this petition is the I-797 Work Permit, which allows you to get a visa stamp and start working for your employer in the United States. The petition must be approved before you can apply for a work visa at the embassy or consulate.

The applicant must submit their petition to the service center identified in the selection notice and must include all required fees and evidence to support filing. The employer must submit the USCIS petition to the nearest service center in the area where the employer is located. Once the Conditions Report is approved, the employer must file the nonimmigrant worker petition (Form I-129) with the United States Citizenship and Immigration Services (USCIS) along with supporting documentation and payment through the online portal. .

Conditions of Work Application

Mans arm holding a clipboard stating h-1B visa requirements

As part of the application process, every employer must submit a Conditions of Work Application (LCA) for the employee they wish to sponsor. While the rules governing the LCA process do not require employers to use any particular payroll method to determine prevailing wages, they do require prevailing wages to be based on the best information available to the employer at the time the application is submitted. Employers must confirm to the Department of Labor that they will pay the H-1B nonimmigrant worker at least the actual wages the employer pays other workers with relevant work experience and qualifications, or the prevailing wage for the job. The expected employment of the job in the area, whichever is greater.

H-1B visa holders rights

The employer will pay the beneficiary a salary no less than the salary paid to workers with similar qualifications or, if higher, the prevailing salary for the position in the geographic area where the visa holder will work. The employer pays the visa fees to the applicant and submits the necessary documents on behalf of the applicant to bring the applicant to the United States so that he can work for his company. H-1B1 visa applicants must already have a job offer from an employer in their chosen field of work in the United States, but the employer does not need to file a Form I-129 Nonimmigrant Worker Petition and the applicant does not need to receive a Form I- Approval Notice. 797 prior to applying for a visa.

Non immigrant visa

The H1-B visa is a non-immigrant visa designed to allow U.S. employers to hire foreign nationals for special positions in the United States of America for a specified period. An H-1B Visa is temporary. The H-1B visa regulations allow the employment of selected qualified indiv iduals who are not otherwise licensed to work in the United States. The H-1B visa program allows US employers to hire foreign nationals to work in the US when qualified Americans cannot be found. The L-1B visa is also a nonimmigrant visa option that allows both U.S. and foreign employers to transfer employees from overseas offices to U.S. operations for up to 5 years.

The H-1B program is open to employers who want to hire nonimmigrant aliens as specialty workers or as fashion models with outstanding merit and skills. Yes, an employer can apply for H-1B immigration status on your behalf while living outside the United States. States in this state.

Filing the petition

Image of a H1-B visa

When your employer applies for an H-1B visa, you will receive a 13-digit receipt number that you can use to verify your H-1B status on the USCIS website. Employers must understand that H-1B immigration status is sponsored by the employer, which means the employer is responsible for filing the petition with USCIS. Employers typically pay all fees associated with the H-1B petition and submit documents to USCIS on behalf of the incoming H-1B worker, including job, salary, and other relevant information. A certification application (LCA) is filed with the U.S. Department of Labor (DOL) to ensure that no American is willing or qualified for the job and that the employer pays prevailing wages.

Department of Labor certification

Your employer must obtain a Department of Labor certification stating that there are no skilled workers in the United States suitable for the job on which your petition is based. You will need an active job in the United States of America. You must also have recent paychecks and W2 forms from the last 2 years. Employees applying for an overseas visa after starting work on an H-1B visa in the United States must also be prepared to provide copies of their last three (3) pay stubs of active paid employment, as required by state H-1B law.

To assess your eligibility for an H-1B visa, consular officers will review your documents and verify the validity of your H-1B approval notice through the Application Information. Management System (PIMS).

Further information can be found on the H-1B regstration process at the UCIS website

Questions and answers on the types of visas can be found here


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