The H-1B visa category is for non-citizens who have an employment offer to work in the US in a “specialty occupation,” will provide services for a project run by the Department of Defense, or will work as a distinguished fashion model.
The bulk of H-1B employers and h1b students in usa fall under the “specialty occupation” category. It refers to positions for which a U.S. bachelor’s degree or its equivalent in a particular area is typically required and for which the foreign national employee has the requisite degree or its equivalent. Accountants, engineers, information technology specialists, pharmacists, scientists, and instructors are a few examples of occupations that qualify. See Types of Jobs Most Likely to Qualify for an H-1B Visa for more instances.
Before adding an H-1B employee to the payroll, the employer must take a number of actions. They are as follows:
1. Create a thorough job description that outlines the bare minimums for education and expertise.
2. Check the applicant’s credentials to make sure they include a relevant bachelor’s degree or a comparable combination of education and experience.
3. Find out what the going rate is. The greater the “actual wage” (wages given to other employees performing the same job) or the “prevailing wage” is what the employer is required to pay.
4. To confirm that the planned employment of the H-1B worker complies with specific wage and working condition requirements, submit a “Labor Condition Application” (“LCA”) to the U.S. Department of Labor (“DOL”). The approved LCA is typically emailed by the DOL seven days after you submit it through the FLAG portal online.
5. Register for the annual H-1B lottery with U.S. Citizenship and Immigration Services (USCIS) if the petition is subject to the cap to see if you’ll be selected from the many applicants (demand for H-1B visas always outstrips supply) and permitted to continue the process.
6. Send a petition on Form I-129, along with any necessary accompanying documentation and filing fees, to US Citizenship and Immigration Services if you are cap-exempt or the winner of the lottery. (USCIS).
When Can An H-1B Student In USA Start Working?
Depending on whether the new employee is located domestically or overseas, there are various scenarios for when they might begin working.
Once the new employer has received USCIS Form I-797 Notice of Action to affirm that the petition is pending, the individual who is currently in the country and employed by another employer in H-1B status may be permitted to begin working for the new employer. In other situations, the company might have to hold off on hiring the new employee until USCIS has approved the petition. In order to apply for an H-1B visa while outside the United States, a potential employee must take the approval notice (which is also printed on USCIS Form I-797 Notice of Action) and a copy of the H-1B petition filed with USCIS to the American consulate or embassy in their home country.
