What is a H1B visa? Who gets it, and how?

Requirements for obtaining an H-1B visa, including job offer specifics and educational qualification

The H-1B visa is a non-immigrant visa programme, aimed at enabling US employers to hire foreign nationals to work in the country for specialised roles and for a designated duration. Individuals seeking employment from outside the US are required to obtain an H-1B visa under the Immigration and Nationality Act to work in specialty occupations.

The application process involves the employer sponsoring the applicant, covering the associated visa expenses, and completing the necessary documentation on the applicant's behalf. The individual is not allowed to apply for the H1-B visa, it requires sponsorship from US employers. The H1-B filing period starts from 1st April and continues till the quota is met.

 

H-1B visa eligibility criteria

To obtain the H-1B visa you must have

·   A valid job offer from a US employer for a role that requires specialty. A specialty occupation requires a specialised knowledge and a bachelor's degree or equivalent work experience in areas such as information technology (IT), finance, accounting, architecture, engineering, mathematics, science, medicine, etc.

·  You will need a bachelor’s degree (or proven experience) in the specific field.

·  Your employer has to show they genuinely looked for qualified Americans before considering you.

·  You are willing to come to the US to earn and are not coming with the intention to pursue a hobby or to give free advice or any humanitarian service. 

Benefits under H1B visa

A successful H1B application, visa stamp, and work permit allows skilled individuals to: 

·  Obtain a Social Security number

·  Apply for a state ID or driver’s licence 

·  Open a bank account 

·  Buy or rent a car 

·  Rent or own property

The initial validity of the H-1B visa is three years, with the possibility of extension up to a total of six years. Certain exceptions may permit further extensions based on the nature of the work being conducted.

How much does the H-1B visa cost?

The current cost to register for the H-1B lottery is $10. But the fee will increase from $ 10 to $ 215 from next year. If the applicant is selected for an H-1B visa, the employer will then have to pay $460 to file Form I-129 (This fee will increase from $460 to $780 on April 1, 2024). Beyond that, the costs can vary, depending on the size of the company, costs to expedite the application, whether or not the H-1B applicant is changing employers, and attorney fees.

When the number of visa applications surpasses the annual visa cap, the (United States Citizenship and Immigration Services) USCIS employs a lottery system to randomly select the necessary number of petitions allotted. This lottery is conducted through a computer-generated random selection process. It was established to address the significant volume of H-1B applications received annually, which consistently exceeded the visa quotas set by the US government.

An H-1B visa holder has 60 days to take action after losing their job. They can either:

·  Secure a new H-1B sponsoring employer and go through the application process again.

·  Apply for a different immigration status, potentially including permanent residency.

·  Return to your country, or be deported

If they choose to return home, they can re-apply for an H-1B visa in the future, but it will be a fresh start in the application process.