All you need to know about the H-1B visa and its rules: Requirements and Information

  • Facebook
  • Twitter
  • Reddit
  • Flipboard
  • Email
  • WhatsApp
All you need to know about the H-1B visa and its rules: Requirements and Information
All you need to know about the H-1B visa and its rules: Requirements and Information

New Delhi : The H1B visa is an employment-based, non-immigrant visa for temporary workers. For this visa, an employer must offer a job in the US and apply for your H1B visa petition with the US Immigration Department.

If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the United States. In 2015, there were 348,669 applicants for the H-1B filed of which 275,317 were approved.

H-1B visa Eligibility

The H-1B visa is issued for a specialty occupation, requires theoretical and practical application of a body of specialized knowledge and requires the visa holder to have at least a Bachelors degree or its equivalent.

REQUIREMENTS FOR QUALIFYING For H-1B Visa Status

Since 1990, H1B visas are issued only for employment in a “specialty occupation” that requires theoretical and practical application of a specialized body of knowledge. H1B applicants must meet the following criteria to be eligible for an H1B visa:

Must obtain a state license to practice the job being applied for, if applicable

Must have either a bachelor's or higher degree in the specialty being applied for or have experience in the specialty that is deemed equivalent to a bachelor's degree or higher.

How many H-1B visas are issued each year?

The H-1B quota has a statutory cap of 65,000 visas for each year. There is special master degree quota of 20,000 known as ‘master cap’ reserved just for master’s degree holders from US universities. In 2016, there were 236,000 applications for just 65,000 available visas.

H-1B Visa Cast

The H-1B Visa Cost filing fee for H-1B petition is paid by the employer/H1 Sponsor. The fee ranges from USD 1570 to USD 3075. 

H-1B Visa Duration of stay

Total stay is limited to 6 years. Initial approval is for 3 years, which can be extended in an increment of up to 3 years.An exception to maximum length of stay applies in certain circumstances:

1. The maximum duration of the H-1B visa is ten years for exceptional United States Department of Defense project related work.

2. If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year increments until a decision has been rendered on their application for permanent residence.

3. If the visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa until their adjustment of status can finish. 

For Multiple Employers, H1B visa holders may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer. Traditionally, these are rarely issued.

Data Source: wikipedia