H1B Visa Requirements, Process and Eligibility for Employees and Employers

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An H1-B visa provides a foreigner the legal right to work for a business in the United States. It has a three year duration which enables it to be renewed to get a further three years. The H1B process is detailed below.

Exactly what are the H1B Visa requirements?

To apply for an H1-B Work permit, an individual must wish to operate in a specialized position or a specialty field. This can be any profession that typically requires a four year Bachelors college degree or greater to be able to carry out the tasks of the position. There must be some theoretical or practical concepts of a specific body of work.

Common specialty jobs include Design, Aeronautical Engineering, Science, Software Development, Firm, Economics, Sales, Medical professions, Attorneys, Academia, Research, and Journalism.

What are the H1B Visa schooling requirements?

A person will need to have finished 4-years of post-school study and acquired a Bachelor’s qualification or greater (for example Post graduate or Ph.D). However, if an individual have not finished the specified amount of study, they might still be eligible. According to immigration requirements, every 3 years of professional operations expertise in a specific industry is the same of 1 year at University or college.

Cases

  • A recent graduate student with four-years College schooling and no operate practical experience is deemed to be suitable.
  • An applicant with absolutely no college study and twelve years function valuable experience is regarded as suitable.
  • A person with 24 months college training and nine years function expertise is also regarded as suitable.

Employer sponsorship

An H1B Visa is a company sponsored visa. Therefore you have to find a person, firm, or enterprise inside the US which offers an IRS Tax number to receive work permit sponsorship. They must request the U.S. Citizenship and Immigration Services on your behalf. Hence, you cannot get an H1B visa without a company.

There has to be an employee-employer relationship instead of a service provider relationship evident. The first sort means the employee can be engaged, fired and supervised.

Employer Requirements

With proper planning, the H1B Visa sponsorship procedure is rather workable provided the employer is aware of the right procedures. Using legal advice can greatly assist.

Labor Condition Application (LCA)

Submit an LCA through the Dept of Labor – Form 9035E. Needs to be lodged with the DOL online in the iCERT Portal. Form 9035E filing is free of charge. The LCA stipulates:

  1. The company will never give the worker under the existing salary within the metropolitan area that the position is located or under related jobs at the firm, whichever is greater.
  2. Further, when the LCA was submitted, a personnel strike wasn’t in effect.
  3. Lastly, United States workers will never have their conditions worsened or adversely affected by the foreign worker. Commonly, LCA Affirmation is given within 10 business days.

Once authorized, the LCA has to be copied and exhibited in two obvious places around the work environment for ten straight days. Alternatively, the business may send the LCA to bargaining representatives or contain a link to the company.

Petition to get a Nonimmigrant Worker

Lodge Form I-129 with the USCIS.

The form requests authorization to use an international individual in the U.S. to carry out services as a nonimmigrant employee.

Filing will set you back $325.

Extra fees involve a coaching fund fee of $1,500 which goes towards a coaching fund for U.S. workers. For companies with fewer than 25 employees, only $750 will have to be paid. This fee is paid for fresh applications and the first visa extension. Future work permit extensions will not attract the fee. Also, a fraudulent avoidance fee of $500 for fresh applications and employer transfers. Extensions with the same business is not going to attract a fraud fee. If you are liable for the fraud deterrence fee, a $2,000 additional fee is required should your business employ a lot more than 50 people.

A quick processing service may be requested with a fee of $1,000 by filing Form I-907. A response from USCIS is assured of within fifteen business days. If you don’t have quick processing, a response could take several months.

If approved, the sponsored will receive notice that the petition has been authorized. They need to attend an interview at a U.S. consulate for visa stamping, that is, to receive the work permit.

An employee should not start their job ahead of receiving their H1B visa.

While H1B requirements may appear involved, with proper planning and legal advice, the process is more than manageable.