USA Temporary Work Visa (H1B)

Overview

The USA Temporary Work Visa (H1B) is a popular choice for foreign professionals. It enables U.S. employers to hire skilled workers from abroad to fill specialized roles. These roles often require expertise in fields such as technology, engineering, or finance. Designed as a non-immigrant visa, the H1B allows workers to temporarily live and work in the U.S. This visa is crucial for both the U.S. economy and foreign talent seeking international experience. It balances the need for skilled labor with the applicants’ opportunity to contribute to U.S. industries.

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Why Apply and Benefits

  • Work in the U.S: Opportunity to work in a specialized field.

  • Global Talent: Access to a global pool of skilled professionals.

  • Path to Permanent Residency: Potential pathway to Green Card.

  • Dual Intent: Allows for the intention to immigrate permanently while on the visa.

  • To qualify for the H-1B visa, applicants must meet specific criteria. A key requirement is having a job offer for a specialty occupation. This implies that the role demands high-level skills and knowledge. Typically, a bachelor’s degree or higher in a relevant field is needed. This academic background ensures that the candidate is prepared for the specific job.

  • Necessary educational qualifications, such as a Bachelor's degree or higher in the specialty field.

  • Have a Valid Job Offer from a U.S. employer.

  • A role in a specialty occupation.

  • Meet the prevailing wage requirements for the position.

  • Be able to work in a specialty occupation that requires specialized knowledge.

  • Evidence of Professional License or Certification, if applicable.

Eligibility

  • The H-1B visa is subject to an annual cap set by Congress. Each fiscal year, a specific number of new H1B visas are available. Currently, the cap is 65,000 visas, with an additional 20,000 for those with a U.S. master’s degree or higher. Due to high demand, a lottery system is in place for selection. When applications exceed the cap, the USCIS conducts a random selection process. This lottery determines which petitions proceed for further processing, making the process competitive and less predictable for applicants and employers.

Understanding the H1B Cap and Lottery System

Role of the U.S. Employer in H1B Sponsorship

  • U.S. employers play a vital role in the H-1B visa process. They must initiate the application by offering a job to the foreign worker. This employment offer is crucial as it forms the foundation for the visa petition. Employers are responsible for filing a petition with the USCIS. They must demonstrate that the job meets specialty occupation criteria. Also, they have to ensure that the foreign worker will receive a fair wage. This involves compliance with U.S. labor laws and standards, ensuring the interests of both the foreign worker and U.S. workforce are protected.

Step-by-Step Procedure to Apply

  • Employer to determine the job’s classification.

  • Employer confirms role meets specialty occupation requirements.

  • Employer to file Labor Condition Application (LCA) and should be approved by DOL.

  • Employer to file Form I-129 to USCIS.

  • Petition is selected through the lottery.

  • USCIS reviews, and, if approved, H-1B status is granted.

  • Applicant to attend interview with U.S. Embassy or Consulate & if they approve, Visa is granted.

Documents Required

  • Valid Passport

  • Proof of Educational Credentials.

  • Employer's Job Offer Letter and financial statements.

  • Form I-129 (Petition for Non-Immigrant Worker).

  • Approved LCA (Labor Condition Application).

  • Proof of Work Experience.

  • Resume detailed work experience and educational qualifications.

  • Registration Fee: USD $215.

  • USA H-1B Visa Application Filing Fee: USD $780 for Large Companies, USD $460 for Small Companies & Non-Profits.

  • Fraud Prevention and Detection Fee: USD $500.

  • Public Law 114-113 Fee: USD $4,000 for companies with more than 50 employees, of which over half are on H-1B or L-1 status.

  • Premium Processing Fee: USD $2,805 for expedited processing.

  • Attorney Fees: Varies, On average, it ranges between USD $2,000 to USD $5,000.

  • Verleap Consulting Fee: INR 3,50,000 INR 1,99,999 + GST

  • Regular Processing Time: 3-6 Months (Premium Processing takes 15 Calendar Days)

  • Note: The fees are subject to change, so it's always a good idea to check the official USCIS website for the most up-to-date information.

Visa and Other Fees + Processing Time

The Verleap team provides the best solutions & will assist you with your USA Temporary Work (H1B) Visa.

  • Evaluate the appropriate visa type for your application

  • Provide expert guidance, review your documentation, assessment & feasibility, opportunities and next steps.

  • Assist in filling out online application form(s) & Visa Application Process.

  • Assign you a dedicated Account Manager / Case Officer.

  • Closely work with USCIS Registered Attorney on your application.

How Verleap Can Assist