The H1B Visa is a US work visa. It is a nonimmigrant visa that is purely employment based. The H1B work visa is only granted to those found to be valid and eligible temporary workers. In order obtain the H1B visa, one must have a specialized occupation that is US based and the employer in the US must also apply for a H1B visa petition with the Immigration Department of the United States. If this is approved, you will receive a work permit in the form of I-797. This will let you obtain a visa stamp which will allow you to begin working for the U.S employer that petitioned for you. We at Tech Firefly would like to ensure that you understand the process of applying for a H1B visa.
Before you apply for the H1B visa it is important to understand your eligibility.
The H1B visa is generally issued for a particular specialized occupation that includes but isn’t limited to the fields of technology, engineering, science, mathematics and art. This requires both theoretical and practical knowledge and application and the visa holder must also have a bachelor’s degree or at least its equivalent. Work authorization through the H1B work visa is restricted to the employment of only the sponsoring employer. You will have to check for further details on the H1 petition process to understand this section of the process better.
1. H1B visa stamping and interview process will also be conducted.
If the H1B visa petition has been approved and if then a visa interview has been conducted through an appropriate US embassy or consulate, you will be successful in receiving the H1 visa stamp for your passport.
Here is a detailed outline of the entire H1B visa processing method (Regular Application Process)
2. Offer of H1B employment or acceptance of the same
This is when a sponsoring company has filed a petition for you. The employer can be a sole proprietor, a partner or a corporation. Applications are always job specific. If your situation changes, for instance, if you need to relocate or if you’ve lost your job then you must have your new employer petition for your H1B work visa. Note that this visa is only valid when you work for the employer who filed for the specific petition. Also note that the actual wage and the prevailing wage must be mentioned and compared. The sponsoring company will have to pay the wage that is higher.
3. Filing the LCA or Labor Certification Application
This form has information on the sponsoring company. The company must sign this form and thereby agree to pay the higher wage. Other factors are also addressed such as providing the same benefits for H1B workers that other worked have such as health, medical, life, retirement, bonuses and stock.
4. After LCA approval
The company will receive a certified copy of the LCA. They will now post two notices at their business for 10 days. Next, the H1B petition is assembled and it is filed with the appropriate USCIS Service office. At this stage you will be waiting for the H1B petition to be processed. A receipt will then be issued by the USCIS and notice is to be generated by the employer.
A case is usually approved within the designated time frame most of the time. An approval notice will be sent to the petitioner. Now the H1B beneficiary can apply for their family’s visas if needed. Once the passports have been returned with their H1B visa stamps, the beneficiary may move with his family to the US.
Would you like to know more about the H1B visa application process? Get in touch with Tech Firefly today at [email protected] for further assistance. You can also stay up to date with industry news and updates by following us on our social media!