The US H1B Visa is one of the most popular ways to work in the US. It is a visa that an employer must apply for on behalf of a specialist employee. Since the visa is granted to specialists, typically applicants hold at least a Bachelor’s degree and are from fields such as IT, finance, architecture, medicine, science etc. Y-Axis helps employers with filing for H1B petitions for their employees. We also help employees from across the world get hired by companies likely to sponsor them for an H1B visa.
The H1B visa is a non-immigrant visa that allows U.S. companies to employ graduate-level workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, engineering, mathematics, science, medicine, etc. Here’s an overview of how the H1B visa process generally works:
Throughout the process, there are numerous legal and regulatory steps to be followed, and the timing and specific requirements can vary based on individual circumstances and current immigration laws. The complexity of the process often necessitates legal advice or the assistance of an immigration professional.
The H1B Visa is one of the most competitive visas to apply for. Due to there being an annual visa cap, there is a huge demand from US employers applying for this visa. Additionally, since it is a route to a Green Card, it is one of the best visas to apply to work in the US.
Under the H1B, successful petitioners can:
The H1B is a point based visa system and you need a minimum of 12 points for your application to be assessed. You must have:
You are awarded points as follows:
Once you score a minimum of 12 points, your H1B petition can then be prepared.
Competitive and Costly Process: The cap on H1B visas makes the process highly competitive. Additionally, sponsoring an H1B visa can be expensive for employers due to filing fees, legal costs, and the potential for needing to reapply each year if not selected.
Regulatory Compliance: Employers must comply with various regulations, including labor condition applications that attest to the wages, working conditions, and that the employment of H1B workers will not adversely affect U.S. workers.
Public Scrutiny and Audits: There is increasing scrutiny of companies that employ H1B workers. Employers may face audits by the DOL to ensure compliance with the terms of the labor condition application.
Workforce Planning Challenges: The uncertainty inherent in the lottery system makes it difficult for employers to plan their workforce needs, as they cannot be sure that a selected candidate will actually receive a visa.
Retention Concerns: If an H1B employee chooses to leave the company or if their visa is not extended, the employer must find a replacement, which can be a time-consuming and costly process.
Risk of Visa Denials: An increase in visa denials or Requests for Evidence (RFEs) has been reported in recent years, creating additional hurdles for employers trying to hire foreign talent.
Both applicants and sponsors must navigate a complex web of legal and procedural requirements throughout the H1B visa process. The dynamic nature of immigration policies, the competitive landscape, and the administrative burdens can present significant challenges for all involved parties.
The best time to apply for an H1B visa is generally early in the year before the U.S. government's fiscal year begins on October 1. The United States Citizenship and Immigration Services (USCIS) typically starts accepting H1B petitions on April 1 for the visas that will be issued in the fiscal year starting October 1. Here's a timeline and some considerations for H1B visa application:
January to March: This is the period when applicants and their prospective employers should start preparing their H1B visa petitions. It involves gathering all the necessary documentation, including labor condition approval (LCA) from the Department of Labor, which must be filed before the H1B petition.
April 1: USCIS begins accepting H1B petitions. Since there's a cap on the number of H1B visas issued each year, and the demand often exceeds the cap within the first few days of April, it's crucial to have the petition ready to submit by this date.
After April 1: Once the cap is reached, USCIS will not accept any new H1B petitions for that fiscal year. If the petition is selected in the H1B lottery and approved, the beneficiary can start working on October 1, the start of the fiscal year for which the visa is issued.
It's important to note that the preparation for filing an H1B petition should begin well in advance of these dates. Employers and applicants need to account for the time it takes to:
Here are the steps to apply for H1B visa
Step 1
Determine your visa type by reading Common Nonimmigrant Visas. Each visa type explains the qualifications and application items. Choose the visa type that applies to your situation.
Step 2
The next step is to complete the Nonimmigrant Visa Electronic Application (DS-160) form.Be sure to read the Guidelines for Completing the DS-160 Form carefully. All information must be correct and accurate. Once the form is submitted, you cannot make any changes.
Step 3
Once you have completed the DS-160, you must pay the visa fee.
Step 4
You will need to log in to your profile with the same credentials you used to pay your visa fee. On the website, you must schedule two appointments, one for the Visa Application Center (VAC) and one for the visa interview at the Embassy or Consulate.
Step 5
Ensure you take the required documents with you for the Visa Application Centre (VAC) appointment.
Step 6
After your visit to the Visa Application Centre to have your photo and fingerprints taken, you will then visit the U.S Embassy or Consulate on the date and time of your visa interview along with the required documents.
The cost of an H1B visa can vary depending on a variety of factors, including attorney fees, the size of the sponsoring company, and whether the employer chooses to expedite the processing of the petition using Premium Processing. The basic costs set by the United States Citizenship and Immigration Services (USCIS) are as follows:
For the Sponsoring Employer:
For the Applicant:
The processing time for an H1B visa can vary based on several factors, including the workload at the USCIS service center where the petition is filed, the accuracy and completeness of the petition, and whether the employer has opted for premium processing. Here is a general breakdown:
Regular Processing:
The standard processing time can range from 2 to 6 months. However, this can fluctuate widely depending on the volume of applications received by USCIS and other factors affecting their workload.
Premium Processing:
Employers can choose premium processing by paying an additional fee of $2,500. This service guarantees that USCIS will process the petition within 15 calendar days. If USCIS fails to meet this deadline, they will refund the premium processing fee but will continue to process the petition expeditiously.
Factors Affecting Processing Time:
After Visa Approval:
Once the H1B visa petition is approved, the applicant needs to apply for the visa at a U.S. Embassy or Consulate in their home country. The time frame for an appointment can vary, and visa processing at the consulate typically takes a few days to a few weeks.
Applicants and employers should monitor the USCIS website for the most current processing times, as these can change. Additionally, it is recommended to consult with an immigration attorney or a professional for the most up-to-date and detailed information regarding individual circumstances.
There are 2 options to get a job in the US. The first is to obtain a job in an MNC and get posted onsite in the US. The second option is to study an MS degree in the US and search for a job there.
The application process for a US Work Visa differs depending on the location of the US Consulate/Embassy. Below are some of the common steps to be followed for the US Work Visa application:
The US Working class Visas includes H-1B, L-1, etc. The USCIS website has its fee structures along with the forms that need to be submitted for obtaining these Visas. However, the cost of obtaining these Visas is to be borne by the employer and not the worker/employee.
Your current immigration status in the US or the type of US Visa that you hold will decide the duration of your Work Visa. In most of the cases, it is 12 months. Nevertheless, obviously, no individual will be offered a Work Visa that has longer validity than their authorized stay in the US.
The requirements that need to be fulfilled for the US Work Visa (Q, P, O, L, or H Visa) are:
It may take around 5 months for processing your US Work Visa and in some cases up to 7 months. This is after USCIS – US Citizenship and Immigration Services receives your application for the Visa.
No, this is not possible. To apply for this visa, you must have a job offer from a U.S. company or organization.
This visa has a validity of three years with the option to extend it up to a maximum of six years.
Once the maximum period for the visa is over, a foreign worker must either leave the U.S. or obtain a different visa. Otherwise he can lose his legal status and can even be deported.
Presently the H-1B visa programs issue 65,000 visas to qualifying foreign workers. However, 20,000 additional visas are issued to those eligible to work under the H-1B advanced degree exemption.
Here are the steps to apply for an H1B visa
Step 1:
Determine your visa type by reading Common Nonimmigrant Visas. Each visa type explains the qualifications and application items. Choose the visa type that applies to your situation.
Step 2:
The next step is to complete the Nonimmigrant Visa Electronic Application (DS-160) form. Be sure to read the Guidelines for Completing the DS-160 Form carefully. All information must be correct and accurate. Once the form is submitted, you cannot make any changes.
Step 3:
Once you have completed the DS-160, you must pay the visa fee.
Step 4:
You will need to login to your profile with the same credentials you used to pay your visa fee. On the website, you must schedule two appointments, one for the Visa Application Center (VAC) and one for the visa interview at the Embassy or Consulate.
Step 5:
Ensure you take the required documents with you for the Visa Application Centre (VAC) appointment.
Step 6:
After your visit to the Visa Application Centre to have your photo and fingerprints taken, you will then visit the U.S. Embassy or Consulateon the date and time of your visa interview along with the required documents.
H1B visa sponsorship:
An employer can accept a non-immigrant by hiring them for an H-1B visa to work in the United States. The worker must have at least a bachelor’s degree (or the equivalent in their country) and the position they are applying for must involve the use of specialist skills. Positions can be found in specialist fields such as architecture, law, finance, medicine, etc.
Candidates must submit their H-1B visa application six months before the start date. Employers with cap restrictions are advised to submit the applications in April for the Fiscal year on the 1st of October. The FY will have a new slot of 65,000 H-1B visas that will be made available.
The basic requirement for the H-1B visa is for the candidate to have at least a Bachelor’s degree in any occupation that qualifies for the H-1B status. The occupations that qualify for the H-1B visa are listed below:
As an H-1B visa holder, you can enjoy the following rights:
Minimum salary: The employer must pay you the minimum wage or the wage paid to your colleagues. You must be offered benefits that are available to the citizens of the US.
Work conditions: The working conditions provided to you must be equal to that of the US workers.
Labor Condition Application: The employer hiring you must provide you with a copy of the Labor condition application.
Unlawful deductions: The employer who has hired you cannot get you to pay directly or indirectly any petition fees or penalty for leaving the employment before the given date or pay any business expenses to the employer.
Yes, H1B visa holders can bring eligible family members with them to the U.S. Family members of the H1B visa holder can live in the country throughout the stay of the primary visa holder. In order to be eligible to do so, the dependent family members must apply for the H4 application. Candidates can apply for the H4 visa at the same time as the H1B visa application or after the H1B visa holder leaves for the U.S. Spouses and unmarried children under the age of 21 are considered as Dependent family members.
Yes, H1B visa holders can apply for a Green Card upon meeting the eligibility criteria. The H1B visa is known to be a dual-intent visa wherein candidates can qualify to apply for permanent residence. Before applying for the Green card, the primary requirement is for the candidate to reside in the U.S. for at least six years. Upon acquiring a Green Card, an individual can permanently live and work in the U.S., eventually qualifying for citizenship in the future.
Yes, H-1B workers must pay taxes while living in the U.S. The country maintains stringent laws that need to be followed by all the citizens living in the country. Individuals with H-1B visas are required to pay federal and state taxes based on their income. H-1B visa holders also have access to social security benefits, mandating them to pay social security and Medicare taxes.
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