What is an H1-B visa?
The H1-B visa is a work permit issued by a US embassy or consulate to a foreign worker that allows them to work temporarily in the United States. There are other options available to those who wish to work temporarily in the United States, such as an intra-company (L1) visa transfer or a business visa (B1) or even a green card. The H1-B visa is the most common.
Who qualifies?
The H1-B work permit is issued to “professionals” working as “professionals.” “Professional” means that the worker must have at least a bachelor’s degree or equivalent work experience. “Working as a professional” means that the person comes to the United States not to pursue a hobby, give advice, or perform free humanitarian service, but to earn a living.
Common examples of professionals working in a professional capacity include engineers, teachers, lawyers, accountants, nurses, analysts, market researchers, business analysts, economists, IT professionals such as programmers, system analysts, database administrators, professional health as physiotherapists and laboratory technicians. and various other types of professionals.
NOTE: For each missing year of formal education, we can substitute three years of professional experience.
What does an applicant need?
The H1-B visa is tied to the employer. That means you must have a sponsoring employer in order to apply.
What must the employer do?
The employer must certify that you are hired to fill a professional position. The employer must also certify that they are paying you the “prevailing wage” for the position. The prevailing wage must be determined from an objective investigation of the wages of similarly employed professional personnel in the same geographic region as the region in which you will be working.
A Statement of Conditions of Work must be filed with the Regional Department of Labor (DOL). This application assures the DOL that the company will give you a fair wage and benefits equal to those of a US citizen.
NOTE: The employer does NOT have to certify that it cannot find equally qualified US workers for the job offered. (Unlike the Labor Certification process).
How long does it take to get an H1-B visa?
Currently, the Immigration and Naturalization Service (INS) processes applications for H1-B visas between 30 and 120 days from the date of receipt. However, to ensure application approval or determination within 15 days, the applicant may pay an additional $1,000 filing fee for expedited processing.
PLEASE NOTE that this is subject to visa availability, as there is an annual limit or cap for H1-B visas.
How long does the H1-B visa last?
The visa can last up to six years and can be extended beyond this period if the applicant has a pending green card application.