What is H-1B Visa and Who is Eligible?
It is a common question about what is H-1B Visa and who is eligible for it.
H-1B visa is a popular work visa that allows applicants to live and work in the United States.
What is the H-1B Visa?
H-1B visa is a type of work visa that allows foreign national candidates to work in the United States for a short period of time temporarily.
This visa is usually granted for three years and can be extended for up to six years.
It is mostly used by U.S. employers to hire skilled foreigners in occupations like engineering, IT, medicine, and finance.
Who is Eligible for the H-1B Visa?
To be eligible for the H-1B visa, the applicant must meet the following requirements:
A Job Offer from a U.S. Employer - Applicant must have a job offer from a U.S. employer who is willing to sponsor your visa.
A Bachelor's Degree or Higher - Individuals with a minimum of a bachelor's degree or its equivalent are only eligible to apply.
Specialized Knowledge or Skill - Job offer must be for a position that requires specialized knowledge or skill in a specific field.
English Proficiency - Certain level of English proficiency is needed to ensure that the foreign worker can effectively communicate with colleagues and perform all job duties.
Non-immigrant Intent - The H-1B visa is a non-immigrant visa, which means that the applicant must have no intention of immigrating to the United States.
What are the Requirements for the H-1B Visa?
There are a few things every applicant must know before applying for the H-1B Visa. These are:
Labor Condition Application (LCA) - The employer who has provided the job offer must submit an LCA to the Department of Labor (DOL) prior to the applicant filing the H-1B petition.
The LCA is crucial as it ensures that the employer will pay the foreign worker the prevailing wage for the work done and that the resulting employment will not adversely affect the working conditions of similarly employed U.S. workers.
USCIS Petition - Along with the above mentioned document, the employment provider must file an H-1B petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the applicant.
This petition must include evidence that the candidate applying meets the eligibility requirements and that the job offer meets the specialized knowledge or skill requirement.
H-1B Cap - The H-1B visa is subject to an annual cap, which limits the number of visas that can be issued each year.
The current cap in 2023 is set at 85,000 visas per year, with 65,000 reserved for applicants with bachelor's degrees or higher and 20,000 reserved for those with a master's degree or higher from a U.S. institution.
Premium Processing - Employers have the option to pay an additional fee for premium processing, which guarantees a 15-day processing time for the H-1B petition.
It is important to note that without premium processing, the processing time can take several months.
Conclusion:
The H-1B visa is an excellent option for skilled foreign workers seeking employment opportunities in the United States.
However, it is essential to meet the eligibility requirements and follow the application process carefully.
With the help of a qualified immigration attorney, many applicants have increased their chances of success in obtaining an H-1B visa and achieving their career goals in the United States.
Frequently Asked Questions (FAQ)
Can I bring my family with me on the H-1B visa?
Yes, you can bring your spouse and unmarried children under the age of 21 with you on the H-1B visa. However, they cannot work in the United States unless they obtain their own work visa.
Can I apply for the H-1B visa on my own, or do I need an employer to sponsor me?
You must have a job offer from a U.S. employer to apply for the H-1B visa. The employer must file the H-1B petition on your behalf.
What is the prevailing wage, and how is it determined?
It is the average wage paid to similarly employed workers in a particular occupation in the geographic area where the applicant is applying. The DOL determines the prevailing wage based on the employer's job description and location.
Can I switch employers while on the H-1B visa?
Yes, you can change employers while on the H-1B visa. However, your new employer must file a new H-1B petition on your behalf.
How long can I stay in the United States on the H-1B visa?
The H-1B visa is typically granted for three years and can be extended for up to six years.
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