Companies use this option for employing graduate-levels workers for specialty occupations. Such jobs require in-depth knowledge in fields like medicine, IT, science, finance, architecture, engineering, accounting, and mathematics. In short, with a bachelor’s in these subjects, you could be eligible for an H-1B visa. Without it, you can apply if you have degree equivalence or enough experience. So, What Is H 1b Visa? A temporary class of visa, which allows you to remain in the US for 3-6 years.
However, it isn’t the same as an H-2B visa – as you’ll see below. Knowing which of the two would suit you better is what Eric Price and team do. Get in touch to simplify the H-1B application process.
H-2B Visa Vs. H-1B Visa
Applicants of the H-1B are skilled workforce with either a degree or the experience in a particular domain. On approval, they can remain for 3-6 years. An H-2B applicant, on the other hand, may stick around for a year – two, on renewal. Additionally, it isn’t mandatory for H 1b Workers to leave after its invalidity. That isn’t how H-2B visas work.
H-1B Eligibility Requirements
The H 1b Visa Requirements will vary with the applicant’s type. Those who will work a specialty occupation must do so for an employer who only hires graduates. Aside from the H 1b Employer Requirements, the degree should be necessary to aid them in their complex job. If needed, they should also have the state license/certification/registration to practice. Proof of recognition of expertise in the field in the form of promotions or awards is also necessary.
H-1B Duration & Length Of Stay
After an initial three years, H-1B holders can prolong their stays. The extensions stop at six years. However, exceptions are there. For instance, if your job is at a foreign US DOD, you can prolong your stay for up to a decade.
How To Apply For The H-1B Visa
Before you start filling an H 1b Application Form, learn how the process goes. We’ve divided it into three simple steps for you:
Petitioner Submits Temporary Labor Certification To DOL
Your US employer submits an LCA electronically. That document lets the Department of Labor see the pertinent details about your job. A complete LCA tells the government that your wage will be similar to what other US employees in your position are getting. Another assurance is that your appointment won’t be detrimental for similarly employed workers.
Petitioner Submits Form I-129 To USCIS
When the DoL approves that, your employer can move ahead with Form I-129. A complete one would also include the fees – we mention those below. Aside from that, you’d need documents concerning your professional experience and education, and resume. Also include in evidence of training that makes you better at your specialty occupation. Finally, ensure that your employer doesn’t miss out on sending in a letter of support and the employment agreement.
Workers Outside U.S. Apply For Visa
Next, you take the approval and ask the US Embassy/Consulate for an interview date. On that day, bring in the documents and fee receipts. Discover the required documentation here: H-1B visa. Should the officer okay you, the Embassy will mail the visa.
H-1B Visa Application Processing Time
The H 1b Visa Process may take 3-4 months. Speed it up with premium processing. Normally, that brings your wait time to 2-3 days.
H-1B Cost & Fees
To complete an H-1B application, you must bear every H 1b Visa Cost on this list:
- $300 as base filing fee
- $750 or $1,500 as ACWIA fee, depending on how many employees your new bosses have
- $500 to prevent and detect fraud
All that is your employer’s responsibility. However, if you do choose premium, then you’d need to pay $1,225 for processing.
Families of H-1B Workers
Those H-1B visa holders who are married can bring their spouses on an H-4 visa. Additionally, any offspring who aren’t older than 21 may also accompany you on the same type of visa. The H-4 is a visa type for dependents. While on it, the recipient may not work, enroll in a school, open an account, or get a driver’s license. Finally, H-4s only remain in the US for as long as their principal, i.e., H-1B does.
What Happens If My H-1B Visa Application Is Denied?
Your H 1b Visa Status can be in danger at two stages. If it fails in the first stage, the results are rejection and no refund. Pore over the letter that comes with it. Find the mistake or the missing document. Resend after correcting the said mistake or attaching the paperwork. Even so, you may have to wait for next year before reapplication. A lack of evidence lands your petition an RFE.
Alternatively, the failure can happen during the second stage. That’s when the immigration officer looks over your case. Say they don’t think you – or your employer – are meeting the H-1B requirements. In that case, you won’t get a rejection. Instead, you’re looking at a denial. An experienced attorney can tell you if appealing the decision is in the cards. Or, they may suggest filing a legal motion. Don’t attempt either step on your own!
Or, you can look at other visa options, such as B2 visa or l1 visa.
Contact Attorney Eric Price Today!
There are so many tricks and details that only we understand. Email us if, for instance, you got a rejection or an RFE. Our immigration legal experts know which documents you could be missing. Additionally, they can also determine if your beneficiary is eligible for H-1B cap exemption. Similarly, we can strategize to uncover the best solutions that will work for your individual case. Even if you’re in a complicated situation, Eric Price and team can help. We’d advise you to reach out before your H-1B deadline complicates matters!
Finally, the H-1B isn’t the only visa option. You can also find information on other types, including: