The H-1B visa a highly sought-after non-immigrant visa that allows foreign workers in specialty occupations to enter the United States.
The H-1B visa application process is extremely complex, and it is the responsibility of the employer, not the immigrant, to file the H1B visa petition.In this post, we will go over everything you need to know about the H-1B visa and how the application process works.
What is an H1B Visa?
The H-1B visa is an employer-sponsored non-immigrant visa that allows immigrants to work in a specialty occupation for up to six years.
“Specialty occupation” refers to a job that requires specialized knowledge and skills, and at least a bachelor’s degree in the specialty.
H1B Visa Quotas
There is a limited number of H1B visas available during each fiscal year. Current regulations have a quota of 65,000 H-1B visas per year for the whole country. You can check the latest quote on the USCIS website.
However, universities, nonprofit organizations, and government research organizations are all exempt from the quota. Employers in these fields can submit H-1B visa applications as they choose.
There is another exemption from the annual quota for the first 20,000 new H-1B recipients who have earned their Master’s degree or higher from an institution of higher education in the United States.
The H1B1 visa category was created by the free trade agreements that were signed in 2003 by the U.S. with Chile and Singapore. Because of this, Chile and Singapore get 6,800 H1B1 visas each year for citizens of their countries. Those numbers are subtracted from the annual H1B limit for worldwide H1B1 applicants.
Benefits of Having a Master’s Degree
Having a master’s degree really pays off for H1B1 applicants because all applicants with master’s degrees have their applications entered into the visa lottery first.
Once the master’s pool capacity is met, the remaining master’s degree applicants who were not selected will be entered into the general lottery pool—essentially giving them two chances of being selected for a visa.
Who is Eligible for an H1B Visa?
To be eligible for an H1B1 visa, you must:
- Have been hired for a temporary professional position with a U.S. employer,
- have at least a bachelor’s degree,
- be working in an occupation that requires specific skills or knowledge,
- and your employer must be able to show that there is a lack of qualified U.S. applicants.
H1B Visa Process
In order to be accepted for an H1B visa, you must follow a specific process that includes:
Find an H1B Sponsor
Since an employer sponsor is required to file the H1B visa application for you, you must first find an employer who is willing to sponsor you.
U.S. Employer Files the H1b Petition
Next, your employer must file the H1B petition for you.
Employer Submits the Labor Conditions Application
In the labor conditions application, your employer will certify that they will pay you the prevailing wage or actual wage— whichever is the highest.
Prevailing wage refers to the salary paid to workers in comparable occupations in the location of the employment.
The actual wage refers to what the employer pays employees in similar roles at the same location.
The labor conditions application also certifies that your employer will afford you with fair and safe working conditions that are held to the same standard and offered to similarly employed American workers.
Employer Files Form I-129
The employer must also file Form I-129. This form is submitted to USCIS and Immigration Services to verify the employer is seeking to sponsor a foreign national for temporary work in the U.S.
Visit the U.S. Embassy Office or Consulate
You will be required to visit the U.S. Embassy or Consulate and bring any requested and required documents with you.
Start the H1B Visa Process with Eric Price
The H1B1 visa process is extremely competitive— and there are a limited number of visas. This is why you can’t afford to lose your spot in line over an error that an attorney could have prevented. Our team of legal experts are dedicated to securing H1B1 visas for our clients. Contact attorney Eric Price today for a free consultation on your case.
Frequently Asked Questions
How Long Does an H1B Visa Last?
Workers in the U.S. on H1B1 visas are limited to a maximum stay of six years.
How Much Does an H1B Visa Cost?
Depending on the size of your company, the H1B1 can cost between $2,000-$8,000 plus attorney fees. Here’s a breakdown of the common fees associated with the H1B visa:
- H1B Registration: $10
- Base filing fee: $460
- AICWA Fee: $750 for employers with 1-25 full-time employees, and $1500 for employers with 26 or more full-time employees
- Fraud & prevention detection fee: $500 (does not apply to Chile and Singapore)
- Premium processing fee: $2,500
- Immigration fees: Vary from $500-$3,000
How Long Does H1B Visa Processing Take?
Regular H1B visa applications take three months to one year to be approved. With H1B premium process, visas can be approved within 1-15 days of filing. The average time for H1B response review processing time is 90 days.
How Difficult is it to Get an H1B Visa?
It’s pretty difficult to obtain an H1B visa for most employers unless there is an exemption. Under the Trump administration, the refusal rate increased significantly. But, experts hope Biden’s immigration overhaul will reverse that trend.
When Should I File for an H1B Visa?
Employers that are subject to the cap on the H1B visas can submit their applications up to six months before the next fiscal year. Since the U.S. government’s fiscal year starts on October 1, H1B applications can be submitted beginning on April 1st for the upcoming fiscal year.
What is the Lottery Process for an H1B Visa?
The H1B lottery is a random selection process that is used to select the required number of H1B applicants each year. The lottery selection is done to choose enough applicants to meet the H1B visa quota of 65,000 regular quotas and 20,000 Master’s quotas.
Can I File H1B Myself?
No. You can’t apply for the H1B visa yourself. You have to find an employer who is willing to sponsor your visa and file the petition on your behalf.
Should I Hire an Immigration Lawyer to Help Me?
Immigration law is complex and ever-changing. Hiring a skilled attorney can save you time, money, and heartbreak. An attorney is experienced in the ins and outs of immigration law and will ensure you have all of the tools you need for a successful H1B visa application while also helping you submit the appropriate documents in a timely manner.
Contact Attorney Eric Price Today!
Whether you’re just getting started on your visa application process or you’re unsure where to turn after your application was denied, Attorney Eric Price is here for you. He is highly specialized in immigration law and can help evaluate all the complexities of your case. The first consultation is completely free. Call today at 1.855.662.2772.
Price’s dedication and hard work consistently leads to him being ranked among the best attorneys in immigration law. Let’s get started on building your future.
