Thursday, November 25, 2010

How To Obtain H1B Visa?

Generally a person who wishes to seek entry to United States must obtain a visa. A visa is an official travel document used to enter another country. There are various types of visas issued to people to enter United States based on the purpose of the entry.

If you wish to enter United States for employment purpose, you must obtain a visa with work permit in the United States. United States offers two working visas such as H1B and H2B visas . The H1B working visa is a non-immigrant visa category. H1B visa allows a foreign national to be sponsored by a US company for a period of six years . This H1B visa is mainly designed to be used for people who fall under the category called Specialty Occupations. The Specialty Occupations requires a high degree of specialized knowledge (usually this requirement can be met by having a 3 year degree or 3 years' equivalent post-graduate experience) in areas such as mathematics, architecture, engineering, and other occupations

To be eligible for the H1B visa, you must satisfy the requirements by the immigration law. The first requirement is that there must be a job offer for you in the United States. You must be then sponsored by the employer of the company or entity in the United States. Also, the US employer who sponsors you must provide a certification that the position requires a skilled person from a specialty occupation.

H1B Visa process

The process of applying for the H1B visa is a four step process:

• The first step is that you must be employed by the US employer who will be the sponsor
• The US employer must file a petition for you with the USCIS (United States Citizenship and Immigration Services)
• The USCIS will process the petition and they will decide on the approval or denial of your application.
• If the petition is approved, then you are allowed to work in the United States for the US employer who petitioned you.

The petition for H1B must be filed properly because any small error in the application will lead to the denial of the petition.

To apply for a H1B visa, the US employer must first file a Labor Condition of Application (LCA) with the Department of Labor (DOL). The LCA filed by the US employer with the DOL provides information about the company in US and agrees based on certain working conditions. The U.S. employer must agree to pay the H-1B employee at least the prevailing wage earned by similarly employed workers. After the approved LCA is returned by the DOL, the sponsor can file a petition for a H1B visa with the USCIS with proper supporting documents.

You must also provide the required supporting documents which includes the degree certificates and mark sheets and various other relevant documents.

Approximately after 4 to 10 weeks, USCIS will send a Notice of Action to the US employer. This indicates that the application is in process. If the USCIS is satisfied with the petition and the documents provided, they will send an Approval Notice of Action within 30-90 days of the receipt notice. Any decision on the petition will be notified in writing.

1 comment:

  1. H-1B as a remedy for labor shortages and as a means of hiring "the best and the brightest" from around the world

    strongly support), the vast majority are ordinary people doing ordinary work. Instead of being about talent, H-1B is about cheap labor.

    H-1B visa holders may only work for sponsoring employers after approval by the Departments of Labor and Homeland Security.

    Although most of the non-compliant H-1B workers had posted wages from employers in fields associated with technical or

    specialty occupations, the report noted that one H-1B worker had earnings from a restaurant and janitorial service.

    H-1b visa


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