H1B visa


The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a) (15)(H).

It allows U.S. employers to temporarily employ foreign workers in specialty occupations.

Duration of stay:

The duration of stay is three years, extendable to six years.

The US H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in architecture, engineering, mathematics, science, and medicine.

There is ample number of benefits of H1B for the employer as well as the employees. The H-1B visa allows specialty occupation workers to enter the United States and work in a professional capacity for a period of six years, regardless of whether you changed employers during this period.

The H1B visa is commonly known as work visa to USA. H1 visa is an employment based visa that can be granted for an eligible and qualified temporary worker. For such a visa, an employer must offer a job and apply for your H1B visa petition with the US Immigration Department. This approved petition ( approved form I797) is a work permit which allows you to obtain a visa stamp and work in the U.S. for that employer.

H1B Eligibility: H1B 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.

Check : H1B eligibility and H1 petition process for more information:

H1B visa stamping: Once you have an approved H1B petition , you can setup a H1 visa interview with nearest applicable US consulate or embassy. Upon successful visa interview, you get the h1 visa stamp on your passport.

Following is the H1B visa stamping process for applying for H1B visa from India. This stamping process assumes that you already have H1B petition approved and ready for Visa interview and visa stamping. If you

Who qualifies for H1B Visa ?

"H1B" visa program is a temporary workers visa in "specialty occupations."

A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty (e.g., engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties, etc.).

Education requirements

One of the basic requirements for H1B is the education. To qualify for the H-1B visa category, the prospective H-1B employee must hold a U.S. bachelor's or higher degree, or the equivalent. The person must hold a U.S. equivalent 4 years bachelor's or higher degree from an accredited college or university. If the foreign degree is 3 years bachelor's degree, a 3 years of work experience in same or similar field /occupation can be considered to one year additional education.

In addition to the academic qualifications, the individual must be fully qualified to lawfully perform the duties of the position offered. In occupations that require licensure or professional credentials (e.g., doctor, dentist, attorney, CPA, architect, registered nurse), the individual must already hold such qualification before the H1B visa petition can be filed.

What type of jobs comes under Specialty Occupation? What type of Jobs /occupation can qualify for the H1B visa?

There are several areas and categories which may qualify for specialty occupation like Engineers, Doctors/Physicians, Managers, Financial Manager, Analyst, Business Managers, Sales Managers, Art, entertainment, Lawyers, CPA, Architect, Health Care professionals, Technicians etc.

Next - H1Visa employers petition process.

H1B petition Process

Once you find an US employer who agrees to employ you and file for your h1 visa. Employer files for the H1B petition with USCIS. The petition itself is a 2 step process. 1. Getting the Labor clearance. 2. Filing the H1B petition with USCIS.

1. Labor certification for H1B:

The prospective US employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker. Employer must submit LCAs electronically via the DOLS iCERT Portal System

2. Filing for H1B Petition with USCIS:

Upon DOL certification, the employer files the USCIS Form I-129, the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.

There can be fee associated with LCA and USCIS petition. Fee is subject to change from time to time. Check with USCIS website for fee details.

What documents required for H1B visa petition?

Employer may require certain document from the foreign worker for the purpose of petition. Following are typically required document for H1b petition purpose.

1. Copy of passport.

2. Copy of degrees /educational certificates / transcripts.

3. Letter of current employment.

4. Copy of previous employment /experience.

5. Copy of any certifications/achievements.


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Applicants whose profile got picked in the 2016 lottery system can also apply.