US Work Visa (H-1B Visa)
A US Work Visa, specifically the H-1B visa, is issued to foreign professionals who are employed in specialty occupations that require theoretical or technical expertise in specialized fields. It allows these professionals to work in the United States for a specific employer.
What the H-1B Visa Provides
Note: The H-1B visa is tied to the employer who petitions for the visa on behalf of the employee. The visa holder cannot work for another employer unless a new petition is approved.
Application Process for an H-1B Visa
Employers must first submit a Labor Condition Application (LCA) to the Department of Labor and then file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS). The foreign worker must complete the DS-160 online application and schedule and attend a visa interview at a U.S. Embassy or Consulate with the necessary documentation, including the approved petition and proof of qualifications.
Visa Fees and Processing Time
There are various fees associated with the H-1B visa application, including filing fees, fraud prevention and detection fees, and a public law fee for certain applicants. Processing times can vary by location, applicant's nationality, and other factors. Employers are encouraged to apply early, as there is an annual cap on the number of H-1B visas issued.
Validity and Extensions
The H-1B Visa is initially valid for up to three years and can be extended to a total of six years. In certain cases, extensions beyond six years may be possible under the American Competitiveness in the Twenty-first Century Act (AC21).
Important Considerations
Violating the terms of the visa, such as working for an unauthorized employer, can result in deportation and a ban on re-entry. The H-1B visa process is highly competitive due to the annual cap and requires early and careful planning by both the employer and the employee.
The Process
Step 1 - Find a US Employer
Secure a job offer from a US employer willing to sponsor you for an H-1B visa.
Step 2 - Employer Files Petition
Your employer must file a Form I-129, Petition for Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
Step 3 - USCIS Processes the Petition
Wait for USCIS to process the petition. Your employer may choose to use premium processing to expedite this step.
Step 4 - Apply for the Visa
Once the petition is approved, complete the Online Nonimmigrant Visa Application, Form DS-160.
Step 5 - Schedule and Prepare for Your Interview
Schedule your visa interview at the U.S. Embassy or Consulate in your home country. Gather all required documentation, including the approved I-129 petition, DS-160 confirmation, employment offer, and any other required documents.
Step 6 - Attend Your Visa Interview
Attend the interview at the scheduled time. Answer all questions truthfully and provide all necessary documentation.
Step 7 - Visa Processing
After the interview, your visa application will be processed. Processing times can vary.
Step 8 - Receive Your Visa
Once approved, you will receive your H-1B visa, allowing you to work in the United States for your sponsoring employer.
