USA H1B Visa

Qualified professionals who want to work in the USA can choose the H1B visa which is a non-immigrant pathway. Employers in the United States can recruit foreign workers. This job should be a specialized one and must require specific knowledge and abilities. For many individuals throughout the world, the H1B visa has become an important turning point as it offers a chance to significantly develop a career while also opening doors to long-term opportunities in the U.S.

Acquiring an H1B visa is not a simple process. The application process is complicated and time-sensitive. It is important to understand the complexities of the application process, processing times, eligibility and costs. Our expert immigration consultants makes the process of applying for a H1B visa simple and efficient.

USA H1B Visa?

The USA H1B Visa is intended for applicants who want to work in the U.S. in a specialized job that demands both theoretical and hands-on application of specific knowledge. Employers who desire to hire foreign professionals in industries like medical care, technology, business, engineering, finance and education must have this visa. The H1B visa is at first granted for 3 years and later it can be renewed for up to 6 months.

H1B visa petitions are managed and approved by the U.S. Citizenship and Immigration Services (USCIS). The H1B visa offers qualified foreign workers the opportunity to support the American economy, but it does not come without its difficulties.

Requirements for an H1B Visa

Employer Requirements:

  • A U.S.-based business that is prepared to provide sponsorship for the foreign employee.
  • A bachelor's degree or similar experience is the minimal requirement for the position.
  • Send a certified Labor Condition Application (LCA) to the Department of Labor in the United States.
  • In accordance with labor rules, agree to pay the foreign worker the going rate.

Foreign Employee (Applicant) Requirements:

  • Must hold a bachelor's degree in a similar order from the United States or its equivalent.
  • The position must be considered a "specialty occupation" that demands for specific expertise.
  • Must not have broken any immigration laws in the United States.

Additional Requirements:

  • H1B Cap: The total number of possible H1B visas is limited to a maximum of 65,000 each year, with an additional 20,000 for U.S. master's degree holders.
  • Exempt Employers: The cap does not apply to universities, any specific research facilities or non-profit organizations.
  • For an effective H1B application you can get assistance from Croyez Immigration to fulfill these requirements.

The H1B Visa Application Process

The process of applying for an H1B visa is detailed and requires careful attention to each step. Below is an overview of the typical application process:

Labor Condition Application (LCA) Submission:

An LCA should be submitted by the employer to the U.S. Department of Labor DOL for certification. The LCA will make sure that the employer will pay the wages for the foreign worker and will not affect the working conditions of the workers in U.S.

Filing the H1B Petition:

Once the LCA is certified by the DOL, the employer can file the H1B petition Form I-129 with the U.S. Citizenship and Immigration Services. This petition should include details about the job the employee's qualifications and the employer’s business operations.

H1B Visa Lottery if applicable:

The USCIS conducts a random lottery to select which petitions will be processed. This happens when the number of petitions exceeds the annual cap.

USCIS Review and Approval:

USCIS will review the petition and supporting documents. If everything is in order the USCIS will approve the petition and issue an H1B approval notice.

Visa Stamping if outside the U.S.:

If the applicant is outside the U.S., they must visit a U.S. consulate or embassy to have their visa stamped before they can enter the United States.

H1B Visa Issuance:

Once the visa is approved, the applicant can enter the U.S. and begin working for the sponsoring employer.

USA H1B Visa Processing Time

The processing time for the USA H1B varies based on various factors:

  1. LCA Filing: It usually takes 7 to 10 business days for the Labor Condition Application to process. The employer can proceed with the H1B petition once this is approved.
  2. H1B Petition: The H1B petition normally takes 3 to 6 months to process.
  3. Premium Processing: Premium processing reduces the processing time to 15 calendar days for an extra charge of $2,500.

As delays are common due to high demand and a few complicated cases, applicants must wait for 6 to 9 months for the entire H1B visa to be processed.

Cost of the USA H1B Visa

Fee Type Cost
Basic fee for filing $460
American Competitiveness and Workforce Improvement Act (ACWIA) Fee $750 - $1,500 (depending on employer size)
Fraud Prevention and Detection Fee $500
Public Law 114-113 Fee $4,000
Premium Processing Fee (Optional) $2,500
Visa Application Fee (for applicants outside the U.S.) $190
Immigrant Visa Fee Varies

Challenges in the H1B Visa Process

Annual Cap and Lottery System:

Only a certain number of H1B visas are granted each year. As a result of which a lottery system is created which makes the process extremely competitive and decreases the likelihood of being chosen for approval.

Complicated Documentation:

A lot of paperwork such as detailed job descriptions and proof of qualifications is needed for the application process. Inaccurate or missing documentation may cause denials or delays.

Strict Eligibility Requirements:

The company must prove that they can pay the prevailing wage and the offered employment must fulfill certain requirements such as requiring a specialty occupation. These requirements might not be met by all employers.

Employer Sponsorship:

Finding an employer who can sponsor the visa can be difficult. Some businesses can not be able to find a way or are not familiar with the H1B visa.

Changing Immigration Policies:

The process becomes more unpredictable as a result of changes to U.S. immigration laws. Candidates must be informed about any changes to the rules as this may impact their eligibility or approval chances.

Immigration Policies that are Changing

As the U.S. immigration laws keep changing it is difficult to predict the nature of the process.

Applicants should be informed about any changes in the immigration rules as this might impact their eligibility or approval chances.