Table of Contents
- What is an H-1B visa?
- What happens during the application process of H-1B Visa?
- What is the eligibility criteria of an H-1B visa?
- What is the cost incurred during the entire procedure of H-1B Visa?
- Benefits obtained under H-1B visa
For many students who dream of studying in the USA, the goal is not just to get a great degree, but also to start a successful career. The H-1B visa is a key part of making that happen, allowing international graduates to work in jobs and gain valuable experience in the global job market.
According to the Immigration and Nationality Act, those looking for jobs, who are from outside the US, must apply for an H-1B visa to work in specialist occupations.
This article is for you if you're thinking about moving from studying to working in the USA, or if you just want to learn more about the process. By understanding what the H-1B visa offers, you'll see how your education in the USA can lead to an exciting professional future.
What is an H-1B visa?
An H-1B visa is a non-immigrant visa that allows US firms to recruit foreign workers in jobs that require special skills or a college degree.
The visa is used by recruiters to hire professionals for jobs that need special knowledge from other countries.
Also read: Which US student visa do I need?
How to apply for the H-1B visa: Step-by-step process
You can't apply for an H-1B visa directly yourself. Instead, your employer (a company in the US) needs to apply for it.
Once you receive the offer letter for a job in the US that qualifies for an H1-B visa (should require a special skill or college degree or its equivalent), such as software developer, engineer, or doctor, your employer will file a petition on your behalf, called Form I-129, which is the official request for the H-1B visa. Employers will also need to provide proof that the job requires specialised knowledge and that you have the necessary qualifications (like a degree).
Before filing Form I-129, the employer must get approval from the US Department of Labor by submitting a Labor Condition Application (LCA). The LCA makes sure the employer pays you the correct salary and that your employment conditions are fair. The employer must also prove they are not replacing a US worker with an H-1B worker for the same job.
There's a limit on how many H-1B visas can be given out each year, so not everyone who applies will get one. So, if there are more applicants than available visas, the US government uses a random lottery to choose who gets to apply for the visa. If you’re selected in the lottery, your employer will be able to proceed with the application process.
Highlight
After winning the 2024 US presidential election, as current polls indicate, there is a possibility that Donald Trump could make changes to the H-1B visa lottery system. Trump has previously advocated replacing the lottery system with a merit-based selection process, which would favour candidates with advanced skills and higher wages.
Once the petition is submitted, US Citizenship and Immigration Services (USCIS) will review the application. They may ask for additional information or documents. If everything is in order, they will approve the petition.
If you're outside the US, once your H-1B petition is approved, you will need to apply for the visa at a US Embassy or consulate in your home country. You’ll need to:
- Fill out the DS-160 form (online non-immigrant visa application)
- Pay the visa application fee
- Schedule an appointment for a visa interview at the embassy/consulate
During the interview, you will need to provide documents like:
- Your passport
- The I-797 approval notice from USCIS
- Your job offer letter
- Educational qualifications and proof of experience
If your visa is approved, you can then travel to the US to start your job. The H-1B visa will allow you to stay in the US for up to 3 years, and it can be extended up to 6 years in total.
Also read: M1 Visa guide | US Student visa | Types of Student visa | How to apply for US Student visa
Thinking about studying in the US? Edvoy has got you covered!
Key requirements for an H-1B visa
To be eligible for an H-1B visa, both you (the applicant) and your job must meet certain requirements.
Job requirements
- The job you’re being hired for must require a speciality occupation, which means it must involve work that needs specialised knowledge.
- Your employer in the US must be willing to hire you and sponsor you for the H-1B visa. They will be the ones to submit the application to US immigration authorities on your behalf.
Education requirements
- You must have at least a bachelor's degree (or its equivalent) in a field directly related to the job you’re applying for. For example, if you are applying for a job as a software engineer, you would need a degree in computer science, information technology, or a closely related field.
- If your degree is from outside the US, it must be evaluated by an approved agency like the National Association of Credential Evaluation Services (NACES) or the Association of International Credential Evaluators (AICE), to determine if it is equivalent to a US bachelor's degree.
- In some cases, if you don’t have a degree, you may still be eligible for an H1-B visa, if you have equivalent work experience. Generally, 3 years of work experience in the same field can be counted as equivalent to one year of a bachelor's degree. So, if you have 12 years of work experience in a specific field, you might qualify for an H-1B visa even without a formal degree.
Employer requirements
- You must have a job offer from a US employer who is willing to sponsor you for the H-1B visa.
- The employer must prove that they cannot find a qualified US worker for the job and that hiring you will not negatively affect the wages or working conditions of US workers in similar jobs.
- The employer must submit a Labor Condition Application (LCA) to the US Department of Labor (DOL), which certifies that the employer will pay you the prevailing wage for your occupation and will provide fair working conditions.
General criteria
- The H-1B visa is a temporary, non-immigrant visa. This means that when you apply for the visa, you are supposed to have the (non-immigrant) intent to return to your home country after the visa expires. However, you can apply for permanent residency (a green card) later, if you wish to stay in the US permanently.
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Costs for H-1B applicants and employers
The total cost of obtaining an H-1B visa can vary depending on several factors, including the type of employer, the size of the company, and whether the applicant is subject to the annual visa cap. Below is a complete breakdown.
Employee costs
While the employer covers most of the costs, there are some fees that you (the applicant) may have to pay directly. These typically include:
Visa application fee (DS-160 fee): $190
If you are applying for the H-1B visa from outside the US (i.e., you need to attend an interview at a US embassy or consulate). This fee is paid when applying for a visa at a US embassy or consulate. You will pay this fee when scheduling your visa interview, and it covers the cost of processing your visa application.
Immigration medical exam (if applicable): $100 to $500
If required, you may need to undergo a medical examination as part of the visa application process. The cost varies depending on where you go, but it usually ranges from $100 to $500.
For an applicant outside the US, the total cost for the employee is generally $190 to $700 (for visa application, medical exam, and possible document-related fees).
Employer costs
Most of the costs associated with applying for an H-1B visa are the responsibility of the employer (the company hiring you). These are some of the main fees the employer may incur:
Base filing fee (form I-129): $460
This fee is $460 and is required for all H-1B petitions.
ACWIA fee: $750 to $1000
American Competitiveness and Workforce Improvement Act fee is:
- $1,500 for employers with 26 or more employees
- $750 for employers with 25 or fewer employees
This fee is required for initial H-1B petitions and status transfers but does not apply to extensions.
Fraud prevention and detection fee: $500
This fee is required for initial H-1B petitions and must be paid by the employer. It helps fund anti-fraud efforts related to the H-1B program.
Premium processing (optional): $2,500
For faster processing, an employer may choose to file for premium processing, which costs $2,500 (optional). This service guarantees a response from USCIS within 15 calendar days, although processing time for regular applications can take several months.
For a standard case, the employer typically pays between $2,710 and $9,460, depending on whether premium processing and other optional fees are chosen.
While the H-1B visa process can be costly, the employer typically bears most of the financial burden. Your out-of-pocket costs as the applicant will generally be lower.
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Benefits of the H-1B visa
Getting an H-1B visa has several benefits for people who want to work in the US in specialised jobs.
Work and live in the US
The biggest benefit of the H-1B visa is that it lets you live and work in the US for a specific employer in a job that requires special skills or a degree. You can also obtain a social security number (SSN), apply for a State ID or driver's licence, open a bank account, and purchase or rent a car and property.
Speciality occupations
The H-1B visa is for people working in speciality occupations, like software engineers, doctors, teachers, researchers, and designers. These jobs often pay well and can help you build your career.
Validity and extensions
The H-1B visa is usually valid for 3 years and can be extended for another 3 years, allowing you to stay in the US for up to 6 years total. This gives you enough time to gain work experience, explore new opportunities, and even travel.
Pathway to Green Card
After 6 years on an H-1B visa, you can apply for a green card (permanent residency) if you want to live in the US permanently. Many people who come on H-1B visas eventually transition to a green card, which gives them more freedom to work and live in the US without restrictions.
Visa portability
One of the key benefits of the H-1B visa is its "portability," which allows you to switch employers without having to start the visa process from scratch. While your new employer will need to file a new H-1B petition, you can begin working for them as soon as the petition is filed, making it easier to transition between jobs. This flexibility helps ensure that you can continue your career without unnecessary delays, even if you decide to switch jobs.
Family members
If you get an H-1B visa, your spouse (husband or wife) and children (under 21 years old) can apply for H-4 visas to live with you in the US. In some cases, your spouse may even be allowed to work (with certain restrictions) if they apply for an Employment Authorization Document (EAD).
Educational opportunities
As an H-1B visa holder, you can take classes or pursue further studies while working. Many people on an H-1B visa take advantage of this opportunity to improve their skills, get additional degrees, or learn new things while living in the US.
Competitive salary and benefits
H-1B workers usually receive competitive salaries and benefits (like health insurance, retirement plans, and paid time off). Since the visa requires that employers pay a "fair wage," it can help you earn a solid income while working in the US.
Travel flexibility
With an H-1B visa, you can travel in and out of the US for work or vacations. You may need to get your visa stamped in your passport when you re-enter the US if you’ve travelled outside, but you have the freedom to leave and come back without losing your job.
International experience
Working in the US on an H-1B visa gives you the chance to gain valuable international experience. Many employers around the world value work experience in the US, and it can help you stand out when you move to other countries or work for international companies.
In short, the H-1B visa gives you the chance to live and work in the US and provides opportunities for career growth, international experience, and the possibility of making the US your permanent home.
Frequently Asked Questions
Who is eligible for the H-1B visa?
H-1B status is available to a person who has been offered a temporary professional position by a U.S. employer. A bachelor's degree or higher in a related area is the minimum educational level required for a position to qualify for H-1B status, and the H-1B employee must have this degree (or higher).
Is getting an H-1B visa hard?
The application process for an H-1B visa is quite complicated and time-consuming. Both the employer and the employee need to meet certain legal requirements. Here's a breakdown of the process in easy-to-follow steps.
How long can you stay on an H-1B visa?
As an H-1B specialty occupation worker, you may be admitted for a period of up to 3 years. Your time period may be extended, but generally cannot go beyond a total of 6 years.
Does H-1B lead to green card?
Most temporary US visas do not offer a path to US permanent residence. The H1B visa, however, is 'dual intent', which means holders can become eligible to apply for a Green Card once they reach the maximum stay of six years.
What is the success rate of H-1B visa?
USCIS selected only 14.6% of eligible H-1B registrations for FY 2024, based on a National Foundation for American Policy analysis of government data. That compares to 26.9% for FY 2023 and 43.8% for FY 2022. For FY 2021, nearly half, or 46.1%, were selected in the H-1B lottery process.
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