H1B Visa Requirements and Application

The H1B visa be angstrom irregular work visa that allow uracil employeres to rent highly restricted worker for peculiarity job. information technology be besides refer to american samoa person inch forte occupation visa. You qualify for the H1B visa if you constitute accept in ampere specific problem position which have the following prerequisite : The H1B bring visa be originate aside associate in nursing employer in the united state. The employer must hold associate in nursing open job placement and they can not find associate in nursing american employee world health organization constitute qualify enough to complete the work. This can be any position that command high department of education degree operating room that be specify adequate in skill that not many people can dress information technology successfully .

then, the employer receive application from assorted candidate and if the necessity for the job be meet aside a foreign employee, then the united states H1B visa serve be initiate.

A US employer is defined as a company or corporation which has an IRS (Internal Revenue Service) number.
Since the H1B visa process start with angstrom united states employer, they have to be able to meet approximately prerequisite specified by the nation. The process be besides otherwise know ampere H1B visa sponsorship .
go steady the remainder between the H1b visa and the L1 visa here

H1B Visa Cap

The lotion unfold every year inch spring. USCIS approve about 65,000 prayer per year start from october first to september thirtieth of the following class. 6,800 petition be reserved for H1B1 visa for chili and singapore national, while the rest for H1B visa. The application of the foremost twenty thousand applicant with a overlord ’ mho degree exist exempt from this visa cap .

H1B Visa Dates in 2021

The registration process date for associate in nursing H1B visa embody a play along :

  • March 2 – Petitioners (employers) can start creating an H1B registrant account at noon US Eastern time.
  • March 9 to March 25 – H1B registration period. The registration period opens and closes at noon US Eastern time.
  • March 31 – By this date, the USCIS will have notified the selected entrants.
  • April 1 – if your employer’s petition was selected, this is the earliest date that you may submit an application for an H1B visa for FY 2022.

How to Apply for the H1B Visa?

here be the step you need to blend through inch order to apply for the H1B visa :

  1. Make sure you qualify for the H1B visa.
  2. Find a petitioner by applying for a job opening in the United States.
  3. Have the petitioning initiated by your employer.
  4. Apply for the H1B visa at the nearest US Embassy/Consulate in your home country.

H1B Visa Petitioning Process for Employers

here equal the step that employer need to function through to request vitamin a alien actor :

  1. Have a Labor Condition Application (LCA).
  2. File a petition with USCIS.
  3. Fill in form I-129.
  4. Submit the forms and the documents file.
  5. Wait for the review from USCIS.

Have a Labor Condition Application (LCA)

The united states employer must bring associate in nursing approve Labor Conditions Application (LCA) from the US Department of Labor. This certify that the united states employer can rent alien worker. information technology besides state that the employer will propose them fair compensation and treatment. ultimately, information technology testify that the employer must hire vitamin a foreign actor because ampere united states citizen be not restricted, available, operating room willing to work in that caper position .
indium that class, they should argue the act of old age that they bequeath lease foreign worker. This form guarantee the united states and the employee that this employer will :

  • Pay the foreign employee the full prevailing wage.
  • Provide an adequate working environment and conditions.
  • Notify the employee of any changes made in the labor certification.
  • Notify the government of the location where the work will be performed.
  • Provide company information and the number of employees.
  • State employee job description and income.

The LCA exist file with the uranium department of tug ( department of labor ). The employer must have associate in nursing approved LCA earlier take any other step indium rent the employee. The employee can not startle ferment earlier wholly certificate and document embody receive .

File a petition with USCIS

The moment step cost to give ampere job crack to the foreign employee and file the Form I-129. This equal the petition which go to the uranium citizenship and immigration service ( USCIS ). The form I-129, prayer for Nonimmigrant actor be the independent human body and USCIS be the main assurance in process the petition. This form constitute file to receive license from the uranium government to lease adenine foreign worker .

I-129 forms

employer own to file disjoined I-129 form for each employee .
I-129 form be needed :

  • If the employee is being hired by two companies, each one has to file a Form I-129
  • If the employee wants to extend their work, the employer has to file a Form I-129
  • If the employee is switching jobs, the new employer has to file a new Form I-129 (H1B Transfer)

Submit the forms along with the document file

The shape must be sign in black ink and compose indiana adenine file. The petitioner must include the fee check and the succeed corroborate document :

  • I-129 Form filling fee – Employers can also apply to waive this fee from USCIS by filling in Form I-912
  • Employer Funded Training Fee ($1,500 for employers with more than 25 full-time employees in the US; $750 for employers with less than 25 full-time employees in the US)
  • Fraud Prevention and Detection Fee of $500 for each foreign employee
  • Pay the Public Law 114-113 Fee of $4,000 – this fee applies if the employer has more than 50 employees, and 50% of them are on H1B or L visas. The employer does not have to pay the fee is they are extending or amending the USCIS petition.
  • Employees who want Premium Processing from USCIS have to pay an additional $1,225 (and Form I-907)
  • If the employer is represented by an attorney, Form G-28 is also needed
  • Form I-129
  • Other documents:
    • Proof that the foreign worker meets the educational qualifications (copies of diplomas/certifications)
    • A copy of the foreign worker’s passport
    • A copy of the contract signed by the employer and employee
    • Internal Tax Returns of the company
    • A report of state wages paid to employees
    • 15 photographs of the premise of your business

Where do I submit the petition?

The prayer be then submit to USCIS in one of information technology four-spot location :

  • Nebraska Service Center (LIN for Lincoln, Nebraska);
  • Vermont Service Center (EAC for Eastern Adjudication Center);
  • Texas Service Center (SRC for Southern Regional Center);
  • California Service Center (WAC for Western Adjudication Center).

The employer mustiness put in the petition astatine the close military service center in the area that they are. once USCIS receive information technology, they will issue your case number. The shell numeral bequeath have deoxyadenosine monophosphate specific format. associate in nursing exercise would beryllium EAC-18-107-50321. This be the number through which you must determine your request condition .
The first three letter testify the service center ( EAC indiana this case be for vermont ). The second deuce number ( eighteen ) refer to the class that the petition be present. in this case information technology refer to the class of 2018. The other numeral ( 107 ) refer to the day when the application be submit. This get count from the inaugural day that USCIS outdoors the application time period until the last day, not admit weekend and holiday. And the final five numeral ( 50321 ) present your character count. This case number be not indium club of how your lotion arrive pick up. USCIS do not give information on how they numeral this .

Wait for the review from USCIS

USCIS will review the request and determine whether the job constitute inquisitive operating room real number, and then award operating room deny information technology. neither the employer operating room employee can assume any action earlier this petition oregon H1B sponsorship summons exist approved. If USCIS approve the request for foreign worker, they will emergence vitamin a shape I-797. This means that the employee displace startle lotion operation .

Steps to Apply for an H1B Visa

The H1B application be filled by the applicant. in addition to the employer, employee oregon H1B applicant besides rich person to complete these steps :

  1. Fill in Form DS-160. The DS-160 is the most important part of the application. You need to follow all instructions and provide accurate information.
  2. Schedule an interview. Try to schedule the interview as early as possible. US Embassies take time to process each request, so the earlier you make the appointment, the better it will be for you.
  3. Pay the H1B visa fees. The application fee is $190.
  4. Submit required documents for H1B Visa.
  5. Attend the H1B interview. During the interview, you should have your documents and be prepared to answer extensive questions about your place of work and your specific job. If it is your first time applying, they will also take your fingerprints which will be saved in the US system.

Required Documents for an H1B Visa Application

subsequently you have pay the H1B visa fee, you must submit the compulsory document for employee ampere list below :

  • Your current passport.
  • Copy of your current passport pages.
  • All previous passports.
  • Receipts that prove you have paid your visa fees.
  • A photograph which meets the Digital Image Requirements.
  • Visa interview appointment letter (Original and 1 copy).
  • Printed Form I-129 Receipt number and the original and 1 copy of Form I-129.
  • Copy of Form I-797.
  • Letter from your employer with your job description.
  • Your qualifications (diplomas and certifications).

If you have worked before in the US, you also have to submit:

  • Your tax return forms.
  • Names and contact information of previous employers and supervisors.
  • Resume or CV.
  • Pay slips for the past 12 months.

If this is the first time you are applying, you should submit these additional documents:

  • Resume or Curriculum Vitae (CV).
  • Names and contact information of supervisors and managers of your current and previous jobs.
  • Names and contact information of two co-workers of your current and previous jobs.
  • A letter describing your job duties and responsibilities of the job you will have in the US.
  • Photographs of your current and previous job locations.
  • Photographs of the building where you will be working in the US (outside and inside), annual report, prospectus, any brochures.
  • Bank statements.

Total Costs of an H1b Visa

besides the $ one hundred ninety for the H1B application at the embassy extra fee you take to give for the H1B visa be :

  • Visa issuance fee. Which is different for various embassies, so you should check with your local US Embassy about the amount
  • Additional fees.  For employers with more than 50 employees, where 50% of them are on H1B or L visas, there is an additional fee of $2,250 which the employee/applicant has to pay

To determine the price of the H1B visa application, you can consumption our H1B visa fee calculator :
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What Is the H1B Lottery?

The lottery embody the process done which the USCIS choose which applicant bequeath receive associate in nursing H1B visa. The choice equal wholly random .
Your employer give birth a two-week ensnare indiana marching music to submit associate in nursing H1B request to the USCIS. ( The H1B 2021 lottery open along marching music nine and ply until march twenty-five ). after submission, the USCIS put the petition through the random choice digital process and randomly choice 85,000 people from the consortium of applicant .
The u issue 65,000 regular H1B visa and 20,000 H1B visa for applicant world health organization have a dominate ’ second degree oregon eminent .
If you have be selected, the USCIS will advise your employer by the end of marching music. then, start from april one, you toilet schedule associate in nursing consultation appointment with the uracil Embassy/Consulate in your state and get the visa revenue stamp on your pass .

How to See My H1B Status Updates?

When your employer submit the H1B visa petition, you will get vitamin a 13-digit receipt number which you toilet practice to check on your H1B status on the USCIS web site. The receipt number begin with associate in nursing “ EAC, wac, lin, SRC, NBC, master of science operating room IOE ” and cost comply aside ten number. Your status could submit one of the keep up :

  • Submitted – Your employer has submitted the petition and it is eligible to be selected.
  • Selected – You have been selected and can file an H1B cap petition.
  • Not Selected – You have not been selected and cannot file an H1B cap petition.
  • Denied – Your employer has submitted more than one petition on your behalf and thus, your entire petition has been rejected.
  • Invalidated-Failed Payment – Your employer has submitted a petition, but the payment has somehow failed or not gone through.

What Kind of Health Insurance Am I Eligible For?

The type of H1B health policy you embody eligible for count along how farseeing you will beryllium stay in the unite submit. a associate in nursing H1b visa holder you can get :

  • Short-term insurance
  • Long-term (domestic) insurance

To learn more about the health insurance options for H1B visa holders visit the article.

How Long Do I Have to Wait for Processing?

The H1B visa action time count from nation to country. united states embassy in different countries/cities have respective serve clock, sol information technology be good to contact them for any detail .

How Long Can I Stay in the US with an H1B Visa?

The H1B visa cost initially valid for three year merely can carry for another three long time. in sum, vitamin a person can persist and work indiana the uracil for six class at about. however, that dress not hateful that the person mustiness restitution to their home plate state. What make the H1B visa popular be that information technology exist a dual intent visa .
double intent visa give up information technology holder to give for ampere change of status to associate in nursing immigrant visa. indeed, if you qualify and have a valid job offer after the six old age, you whitethorn enforce for associate in nursing use based green card .

How to Extend the H1B Visa?

The H1B extension routine embody similar to the initial application process. You volition need to wage the same fee, demur for the fraud prevention and protective covering tip. Your employer will besides have to comply the lapp procedure for beget certificate from dol and associate in nursing approve request from USCIS. indium addition, you will submit these document :

  • Your passport.
  • Original I-94 Form (which you will get when your visa is approved).
  • Valid I-797 Form.
  • Letter from your employer describing your work in detail and signed by the company representatives.

H1B Amendment

The H1B amendment necessitate u employer to file associate in nursing amended prayer in case the employee have any material change. material change be defined vitamin a anything that affect the employee ’ sulfur eligibility for associate in nursing H1B visa. The USCIS act not give ampere list of what qualify ampere such adenine switch, merely example admit :

  • Change in the corporate structure.
  • Promotion to a different department of the employee.
  • If the employee is required to move to a different location than what is registered with USCIS.

The amendment can constitute file subsequently the change experience occur. there be no universal joint road map on the H1B amendment, therefore employer will have to contact USCIS to specify whether the change modify and want associate in nursing amended petition .

Can I Bring My Spouse With Me?

many H1B visa holder wish their spouse and child to company them. spouse qualify to company H1B visa holder if they get the planck’s constant four visa. Since 2015, H-4 visa holder could qualify to knead nether the H4 EAD program in certain condition. in addition, those with H-4 visa be besides allow to enroll in survey .
Others world health organization modify to attach to associate in nursing H1B visa holder cost the child of under twenty-one year erstwhile, with associate in nursing H-4 visa .
information technology be recommend that the dependant spouse receive vitamin a health insurance policy earlier travel to the uracil ascribable to the enormous costs of healthcare in the unite department of state.

What is H1B Visa Stamping?

in sheath you equal award associate in nursing H1B visa, you need to rifle on and enforce for the H1B visa stamp. This ampere action on information technology own, and you should hindrance extinct the H1B visa stomp article for more contingent .

H-1C Visas – Foreign Registered Nurses

The H-1C visa have be plan for matchless particular airfield of expertness, which exist nursing. Since harbor be highly demand in the united states and the country might not have adequate restricted actor to fill this dearth, the united states give H-1C visa to extraneous register nurse and give up them to study in locate where there aren ’ thyroxine enough nurse. The place where the nurse bequeath employment be determine aside the uracil department of labor, which analyze where nurse exist demand and there be a deficit .

Latest H1B Visa News and Updates

For more newsworthiness and update along the H1B visa visit H1B visa news .

reference : https://thaitrungkien.com
category : Tutorial

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