H-1B Visa Requirements 2023

If you’re looking for a golden ticket to get a smooth entry to and ensure a stable stay in the U.S. then go for an H-1B visa. Its traits of portability, dual intent status, and relatively low requirements, make it a highly sought-after visa for millions of immigrants.

But never overlook the fact that every year many people apply for the H-1B visa, but only a fraction are successful. In case, you’re opting for applying H1B visa, it’s vital to first understand the requirements and filing procedure. A minor error/mistake or delay can result in the stark contrast between getting your golden ticket (H1B visa) and being left behind in the race.

H-1B Visa Overview

Being a temporary work visa, H1B visa permits U.S. employers to hire highly skilled and qualified personnel for “specialty occupation.” Another nomenclature is Person in Specialty Occupation Visa.

It ensures a three-year stint in the United States, with the possibility of an extension for another three years. But don’t get too excited just yet. Not you, but your employer must file an I-129H1 petition with the USCIS on April 1^st of the year you’re willing to start working. And even if your petition is approved, there’s no guarantee that you’ll be able to get a visa. That’s because only 85,000 H-1B visas are offered each year, and there’re usually millions of applicants. So if you’re thinking about applying for an H-1B visa, be ready for a long shot.

There are two caps under H1B visa- master’s cap and a regular cap. The Master’s cap comprises of 20,000 slots accessible to those holding advanced degrees, such as master’s degree or equivalent or higher. In case your petition is rejected in the master’s cap, it’ll be resubmitted to the regular cap that comprises of 65,000 slots. Therefore, workers possessing advanced degree have higher possibility of being considered in the first instance itself.

However, there’s a way to avoid this H1B cap, that is, to occupy a job for an institute of higher education, a non-profit organization which is in alliance with a government research organization. These employers are exempt from the cap, so they can file H-1B petitions at any time of the year. Moreover, you’ve already been counted against the cap, all successive petitions will be regarded as cap-exempt.

Your petition will be processed only if it’s selected. If you got luck and it’s approved then you can be able to work on October 1^st of the year you filed your petition. But remember, even if you meet all the requirements for an H-1B visa, your petition has to be selected in the lottery.

All You Need to Know About LCA

LCA stands for Labor Condition Application. Now what exactly is LCA and what is required to obtain it? To know more, read more.

Besides meeting all other requirements for an H1B visa, you must also have your employer file LCA on your behalf. It shares similar traits with PERM Labor Certification which is required for employment-based green cards, but it is a bit less involved.

The following attestations are required for you to obtain LCA:

1. The prevailing wage is commonly given to the one in the same position offered to you in the same geographic vicinity to be offered by your employer as a minimum wage.
2. Your employment shouldn’t put another employee into a disadvantageous position in your workplace.
3. The employer must provide evidence of no resistance/political movements such as strikes, protests going on. In short, your employer has to ensure that you’re not replacing any active worker.
4. All the presently working employees must be well-aware of your employer’s intention behind their entry beforehand.

So What H-1B Requirements Must I Meet?

Scroll down to find a quick review of H1B requirements:

• The Degree: The degree that serves as the basic necessity in order to get H1B visa is bachelors’ degree or equivalent or higher in a field allied to your job that you’re seeking. Alternatively, if you’ve experience of twelve or more years and lack a bachelors’ degree, still meet the H-1B requirement without a bachelor’s degree. However, this isn’t guaranteed and it’s advisable that you consult an H1B immigration attorney to know the exact details.
• The Job: Your job must be in a specialty occupation so that your degree is valued and counted as valid. It’s a basic requirement that the beneficiary has an employer-employee relationship with the sponsoring U.S. employer but remember, it isn’t always straightforward. It can raise issues in the case of self-employed beneficiaries. Nevertheless, one can start a business on an H-1B visa only after meeting this requirement. This can be done by showing that the business has the ability to control the beneficiary’s job duties, wages, and employment status.

The specific documentation essential to ascertain an employer-employee relationship will vary depending on the specific circumstances. However, some common documents that may be helpful include a written employment contract, pay stubs, W-2 forms, tax returns, and letters from the employer or contractor stating that they have the authority to control the beneficiary’s work.

• Specialty Occupation: Generally, the minimum qualification to get an entry into U.S. workspace and qualify as a “specialty occupation” is to hold a bachelor’s degree or its equivalent. Other than this, the applicant is expected to meet one of the following requirements:
• Foreign degree equivalent to U.S. bachelor degree.
• Hold a license, registration, or certification.
• Have the required training, education, or work experience.
• Have an employer with an authorized ETA-9035 form, approved Labor Certification Application, and I-129 form.

Steps to Apply for an H1B Visa

The H1B application is generally filled by the applicant or his/her attorney (on behalf). Here’s a quick rundown of the steps to be followed for applying for H1B visa:

1.     Fill out Form DS-160: This is the online application form for nonimmigrant visas. You will need to provide your personal information, education, work experience, and other relevant details.

2.     Schedule an interview: You will need to schedule an interview at a U.S. embassy or consulate in your home country. The interview is usually conducted by a consular officer who will ask you questions about your application.

3.     Pay the H-1B visa fees: The application fee is $205. You will also need to pay a visa issuance fee, which varies depending on the country where you are applying.

4.     Submit required documents: You will need to submit a variety of documents with your application, including your passport, degree transcripts, work experience letters, and a letter from your employer.

5.     Attend the H-1B interview: At the time of the interview, you should be prepared to answer questions about your job, your qualifications, and your reasons for wanting to work in the United States. You ought to bring all of your supporting documents with you.

The H-1B visa application process can be complex and time-consuming. It is important to start the process early and to follow all of the instructions carefully. If you have any questions, you should consult with an immigration attorney.

H-1B to Green Card Requirements

The H-1B visa is a dual intent visa, which means that you can apply for permanent residency (green card) while you are in the United States on an H-1B visa.

To apply for a green card from an H-1B visa, you’ll need to find a U.S. employer who’s willing to sponsor you for a green card. The employer has to file a PERM Labor Certification application, which is a process that shows that there are no qualified U.S. workers available for the position you are applying for.

If the PERM Labor Certification is approved, the employer can then file an I-140 petition for you with the U.S. Citizenship and Immigration Services (USCIS). The I-140 petition is a request for the USCIS to grant you permanent residency.

Once the I-140 petition is approved, you can then file an I-485, Application to Register Permanent Residence or Adjust Status. The I-485 petition is the application for a green card.

The EB-3 visa is a good option for H-1B visa holders who are seeking permanent residency. The EB-3 visa is for skilled workers who have a bachelor’s degree or its equivalent. The EB-3 visa also has a lower minimum wage requirement than some other green card categories.

If you are interested in applying for a green card from an H-1B visa, you should speak with an immigration attorney to discuss your options. Or you can reach out to us as we accommodate a pool of experts.

Required Documents for an H1B Visa Application

How Can H1Bvisajobs.com Help?

Well, there are countless ways to enhance your chance of excelling in the pursuit of getting your visa. The easiest way is to hold a master’s degree which will make your petition more competitive. Another way is to consult an experienced H-1B immigration attorney who can easily guide you through the whole tidy process from visa application to selection. Or else, you can consult a firm.

Ours is an experienced immigration law firm that has helped innumerable people and companies work through the H-1B process. Our expert team of H-1B immigration attorneys stands always geared up to handle every facet of your case, from making sure that all of the H-1B requirements are met to addressing any obstacles whatsoever.