What is the H-1B visa, its Eligibility, and how to apply for it?
Detailed information about H-1B visa.
H-1B visa is a non-immigrant visa in the united states by a non-immigrant. The visa is temporary, and the person is coming to the U.S. The person coming to the US with this visa cannot permanently reside in the United States.
The H-1B visa is valid for three years with an additional three-year extension making six years maximum stay in total. This visa is issued to employ foreign workers in a specialty occupation by specialty occupation.
It refers to the theoretical and practical application of a body of highly specialized knowledge. While there are several areas and categories which may qualify for a specialty occupation. Science, Technology, Engineering, and Management-oriented occupations are preferred.
Eligibility of H-1B
In H -1B visa categories, the employee must have a four years US bachelor’s or higher degree or its equivalent. The foreign degree must be a three-year bachelor’s degree. Three years of work experience in the same or similar field can be considered one year of additional education and such cases are also eligible for H-1B.
The second category to be considered for an H-1B visa is that this is issued only for employment in a specialty occupation.
How to apply for an H-1B visa?
The first step for a person wishing to apply for an H-1B visa is to find an H-1B sponsor. The H-1Bsponsor should be a US employer who should employ you and willing to sponsor the visa for you to travel and work in the United States. So, once you are employed and the employer has agreed to sponsor the visa for you.
The second step is that the employer submits the LCA to the department of labor. LCA stands for labor condition application which gives information about pay location and working conditions to the USCIS.
The third step is filing a petition for non-immigrant workers. US employer has to register first electronically for each foreign national for whom the employer intends to file an H-1B petition and after confirming the selection the employer can prepare the other documents the initial registration includes limited information about the US employer.
If selected, notification is sent out to file a petition with the detailed document within 90 days. If not selected, the process varies based on whether the applicant qualifies.
Key facts about H-1B visa.
- H-1B visa holder can bring their immediate family member like their wife and children with them under the H-4 visa. They can study but are not allowed to work.
- The H-4 visa is valid as long as the H-1B is valid.
- H-1B visa holders cannot be self-employed under an H-1B visa. H-1B visa holders must be employed by a US-based sponsoring company.
- The H-1B visa itself is strictly limited to the initial three years plus. Possible three-year extension.
- However, H-1B visa holders may be able to stay longer if they apply for permanent residency or a green card while holding an H-1B visa.
- H-1B visa can be a multiple entry visa that allows a person to travel in and out of the US any number of times within the specified visa validity period.
- An H-1B holder is eligible to seek permanent residency in the USA. They have to apply for a change of status through the form I-485 which is the green card process.
- H-1B visa can be transferred to a new employer. You can also start working for a new employer upon the receipt of the H-1 transfer case.
Conclusion
As an international student If you are looking for an OPT/ CPT/ STEM OPT job in the USA, contact United OPT. United OPT helps international students find out their ideal OPT/CPT/ STEM OPT job in their field of study. As well they help to find H-1B sponsorship jobs in the USA. Feel free to contact United OPT.
