A Complete Guide to Obtain H-1B Visa

Thousands of international employees are employed by American companies each year and go to the U.S. on H1B visas. The H1B visa is initiated with the valuable resource of a company. The H1B work visa is undertaken by an employer in the United States. 

This article is for you if you want to understand more regarding the eligibility & requirements for the H1B visa.

H-1B Visa Eligibility Criteria

1. The H-1B visa permits contract/temporary employment. It is acceptable for both the employer and the nonimmigrant worker to consider the prospect of long-term employment and to be planning to apply for an immigrant visa for the nonimmigrant employee.
2. The proposed position must require the skills and services of a professional, and the employee must hold the professional credentials to fill it. For H-1B status, a bachelor's degree in the intended employment sector is the minimum educational requirement.
3. An "employer-employee" relationship is required (i.e. the employer must pay a regular salary to the nonimmigrant). The employer must guarantee that the employee will get the standard benefits provided by the company as well as the prevailing wage or actual compensation (whichever is higher) for the position and the location of work.
4. The employer is required to certify that there are no active strikes, lockouts, or work slowdowns in the industry where the H-1B nonimmigrant would be employed.
5. The employer must agree to pay for return transportation home for the H-1B employee if their employment is terminated before their authorized H-1B status expires.
6. The H-1B is employer-specific, position-specific, and location-specific. Unless the second employer has finished the H-1B petition process and has obtained, depending on the circumstance, either a USCIS receipt notice or the USCIS approval for the new employment, a worker who has been granted H-1B employment through one employer is not permitted to work for another employer for any period of time. Working illegally disqualifies an employee from compensation and jeopardises their current and future employment opportunities in the United States.

What is the procedure to apply for an H1B visa?

Here are the steps you need to apply for the H1B visa:

1. First, you make sure to qualify for the H1B visa.
2. Second, find a petitioner by applying for a job opening in the United States.
3. Then have the petitioning initiated by your employer.
4. Lastly, apply for the H1B visa at your home country's nearest U.S. Embassy/Consulate.

The H1B Visa Petitioning Process for Employers: 

Here are the steps that employers need to go through to petition a foreign worker:

1. You should have a Labor Condition Application (LCA).

2. Then 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.

Requirements 

Ownership of a sophisticated instructional diploma together with:

• Masters Degree or Doctors

• Qualify to work on research and improvement tasks of the U.S. department of defence or other government positions.

Examples of positions are probably:

• I.T. specialists.

• Architects.

• Accountants.

• Professors, and so on.

FAQs

1. How can I check my H-1B approval notice?

Getting H1B approval depends on processing time from country to country. U.S. Embassies in different countries/cities have various processing times, so contact them if you have any queries.

2. How many days will it take to get the H1B approval notice?

The USCIS takes approximately 5 weeks and 15 days to examine, plus mailing time for Approval Notices.

3. Can I get health insurance with a tourist visa in the USA?

The type of H1B health insurance you are eligible for depends on how long you stay in the United States.

      The insurance can have are:

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

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