Working Visa

H1B Visa Qualification Requirements: 

H1B Visa Eligibility Requirements main review:

You must have ONE of the following for H1B Visa Qualification:

1) A bachelor's degree or higher degree (or foreign equivalent) in the specialty field, OR

2) At least 12 years progressive work experience in their specialty field, OR

3) A license to practice in the chosen occupation (if such a license is required to practice),

OR

4) A mix of further education (e.g Diploma) and work experience to total 12 years.

To qualify for the H1B program you need a Minimum of 12 points.

typically 1 year of Higher Education (at a University/College) Equals 3 years work experience.

For example:

- a 4 year US degree or equivalent US degree = (12+0) ) total of 12 points

- a 3 year degree/diploma (9 points) PLUS 3 years work experience = (9+3) ) total of 12 points

- a 2 year degree or diploma (6 points) PLUS 6 years work experience = (6+6) total of 12 points

- a 1 year degree/diploma (3 points) PLUS 9 years work experience = (3+9)  total of 12 points

- no degree but you have 12 + years work experience = (0+12) total of 12 points

H1B Visa Cap Count - Quota Update   August 9th, 2010

44,600 H1B visas are still available.

The USCIS welcomes and continues to accept more H1B visa applications
H1B Visa Filing Summary:Since April 1st (when Us employers can start filing for H1B's for this years quota) there has been a total of 40,400 H1B visas filed with the USCIS

To file an H1B visa, a sponsorship job offer is required - which means thousands of people from all over the world, or in the USA on other visa types - have found and secured H1B jobs with H1B sponsor companies so far this year.

With 44,600 H1B visas still available - US sponsoring companies can keep filing visas for applicants until the all the remaining visas have been taken - there is no cut off point or deadline (this years quota lasts until All the remaining 44,600 visas have been filed for).

Each time the USCIS now releases the official cap count numbers, the filing volume is increasing which means companies are now starting to increase their recruitment and hiring campaigns.

H1B visas are available. Now is the time to start. 

Summary of the news release by USCIS on H1B visa petitions accepting rules and info:

-           H1B petitions for 2011 quota will be accepted April 1, 2011.

-           The H1B cap for 2011 quota is 65,000 for general category
-           H1B cap count for FY 2011 quota for US MS degree or higher is 20,000
-           As needed, USCIS will do lottery if there are more petitions.
-           Higher education institutions, non-profit orgs are exempt from the cap.
-           H1B extensions are not counted for toward FY 2011 cap.

What to Expect in 2011

The U.S. Citizenship and Immigration Services (USCIS) plans to revamp the H1B visa application process by requiring employers to submit an online petition with limited data.  If the petition is chosen, the employers will then submit the remaining documentation and forms. 

Changes to H1B Rules

The Employ American Workers Act (EAWA), which is part of the stimulus bill that President Obama signed into law in February of 2009 prevents employers from displacing American workers when recruiting H1B applicants if the employer obtains "covered funding" through the Troubled Asset Relief Program or pursuant to section 13 of the Federal Reserve Act.  Companies that receive such funding are deemed "H-1B dependent" employers and must therefore fulfill the following requirements:

Make good faith efforts to hire American workers or other immigrants  authorized to work in the

U.S.,Have offered the position to any American employee who applied and  has the same or superior qualifications for the position that is intended  for the H1B applicant;

Have not displaced American employees working within theperiod  commencing 90 days before the H1B petition was filed and terminating 90 days following its filing; and

Will not assign an H1B employee to another employer unless it has found out whether the latter has laid off or plans to lay off a U.S. employee within 90 days preceding or following the H1B worker's placement.

EAWA, which is only applicable to U.S. employers that have obtained covered funding and seek to recruit new H1B workers, will be in effect until February 17, 2011.  It is applicable to (1) any petition or LCA filed on or after February 17, 2009 relating to any hiring by a new employer, regardless of whether the applicant already has an H1B visa and including simulteanous employment and (2) to new hires from petitions approved prior to February 17, 2009 if the H1B visa holder had not in fact begun employment prior to that date.

Petitions to extend a current employee's H1B visa with the same employer or to change the status of an employee currently working in the U.S. to that of an H1B status with the same employer are not subject to EAWA's requirements.

Quota

The U.S. Congress fixes a cap for the number of H1B visas that may be issued annually.  For fiscal year 2010, the quota is set at 65,000 visas per year, in addition to 20,000 for foreign students who complete a master's degree or higher from a U.S. university.

There is no cap on H1B recipients who transfer their visa to a different sponsor or employer or who add employers or on new H1B applications with universities, government research institutes, and non-profit organizations.  Visa renewals are not counted in the annual quotas.  Exempt from the annual cap are applicants who held H1B visas within the last six years and have not traveled outside the U.S. for a period exceeding 365 consecutive days as well individuals presently holding H1B visas.

H1B Timeline (duration)

The American Competitiveness in the 21st Century Act (AC21), which was passed on October 17, 2000, made it possible for H1B employees to change employers and start working for a new company upon the filing of the H1B petition by the new employer.  This is referred to as the H1B portability provisions.

Beginning in 2005, all employers signing the Labor Condition Application had to state that 1) there is no labor dispute involving a lockout or strike at the workplace; 2) working conditions of the job will not negatively impact those of similarely-situated American workers; an 3) the prevailing wage for the employment sector in question will be paid.

Pursuant to the U.S. Department of Labor's labor certification system known as PERM, processing times for labor certification were reduced to a period of less than 90 days.

In May of 2007, the U.S. Congress passed the Sanders Amendment which raised the scholarship and training fee for the H1B visa from $1500 to $5000 for employers with more than 25 workers employed full-time.

In February 2009, the American Recovery and Reinvestment Act of 2009 was signed into law.  This stimulus bill placed restrictions on the employment of H1B workers by financial institutions and some banks, providing that they can only do so if equally-or-better-qualified American workers were offered positions.  The bill also prohibited banks from recruiting H1B workers in fields in which American workers had been laid off.

How the Current US Economy will Affect the H1B Applicants

With the grim unemployment figures and the slump in hiring, international students will find it harder to land jobs upon graduating from college.  With firms that typically rely on H1B contractors slashing their budgets and unlikely to venture into new projects, the demand for H1B workers can be expected to decline.

However, if the economy improves, outsourcing firms will be filing more H1B visas than in earlier years.

2011 H-1B FAQ for F-1 visa/OPT holders ( Student visa to H1b Visa)

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2009 under the FY 2010 H-1B cap.

What is the H-1B cap? ( Quota )

The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. For FY 2010, the cap is 65,000.

Not all H-1B beneficiaries are subject to the cap. Congress has provided that the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. masters’ degree or higher are exempt from the fiscal year cap.  H-1B petitions filed on behalf of beneficiaries who will work at institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations are exempt from the fiscal year cap. Generally, H-1B beneficiaries seeking to extend status and/or add employers are not subject to the cap.

 

What do Current F-1/H-1B Extension Regulations Allow?

Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time where an F-1 student’s status and work authorization would otherwise expire, and up to the start of their approved H-1B employment period.

This is referred to as filling the “cap gap”, meaning the regulations provide a way of filling the “gap” between F-1 and H-1B status that might otherwise occur if F-1 status was not extended for qualifying students. An interim final rule published in the Federal Register last year authorized a cap gap extension for eligible students.  

See  73 FR 18944 (April 8, 2008) “Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions.”

How does “Cap-Gap” Occur? (Read carefully)

An employer may not file, and USCIS may not accept, an H-1B petition submitted earlier than six months in advance of the date of actual need for the beneficiary’s services or training. As a result, the earliest date that an employer can file an H-1B petition is April 1, for the following fiscal year, starting October 1. 

If USCIS approves the H-1B petition and the accompanying change-of-status request, the earliest date that the student may start the approved H-1B employment is October 1. Consequently, F-1 students who do not qualify for a cap gap extension, and whose periods of authorized stay expires before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition. 

Which petitions and beneficiaries qualify for a cap gap extension?  

H-1B petitions must be timely filed on behalf of an eligible F-1 student.  “Timely filed” means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period, while the student's authorized duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the “grace period.”)

Once a timely filing has been made, the automatic cap gap extension will begin and will continue until the H-1B process has been completed.  If the student’s H-1B petition is selected and approved, the student’s extension will continue through September 30th unless the petition is denied or revoked. If the student’s H-1B petition is not selected, the student will have the standard 60-day grace period from the date of the rejection notice to prepare for and depart the United States.   Students are strongly encouraged to stay in close communication with their petitioning employer during the cap gap extension period for status updates on the H-1B petition processing. A Form I-797, Notice of Action, with a valid receipt number, is evidence that the petition was filed and accepted. 

How does a student covered under the cap gap extension obtain proof of continuing status?

The student should go to their Designated School Officer (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt.  The student’s DSO will issue a preliminary cap gap I-20 showing an extension until June 1st.  If the student’s petitioning employer receives a notice of selection from USCIS, the student should return to his or her DSO with a copy of the receipt notice, if possible, for issuance of a new cap gap I-20 indicating the continued extension of status.  

Students can also check the Student and Exchange Visitor Program information from the Related Links section of this page.

What if the post-completion OPT expired before April 1? It appears that F-1 status would be extended, but would OPT also be extended?

A student who completed his or her post-completion OPT and who subsequently was in a valid grace period on April 1, would benefit from an automatic extension of his or her D/S admission under the cap gap, if the H-1B petition is filed during the H-1B acceptance period, which begins on April 1. The employment authorization, however, would not be extended automatically, because it already expired and the cap gap does not serve to reinstate or retroactively grant employment authorization.

Is a student who becomes eligible for an automatic extension of status and employment authorization, but whose H-1B petition is subsequently rejected, denied or revoked, still allowed the 60-day grace period?

If USCIS denies, rejects, or revokes an H-1B petition filed on behalf of an F-1 student covered by the automatic cap gap extension, the student will have the standard 60-day grace period (from notification of the denial, rejection, or revocation of the petition) before he or she is required to depart the United States..

For denied cases, it should be noted that the 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to discovery of a status violation. Such a student in any event is not eligible for the automatic cap gap extension. Similarly, the 60-day grace period and automatic cap gap extension would not apply to the case of a student whose petition was revoked based on a finding of fraud or misrepresentation discovered following approval. In both of these instances, the student would be required to leave the United States immediately.

May students travel outside the United States during a cap gap extension period and return in F-1 status?

The regulations at 8 CFR 214.2(f)(13) state that a student who has an unexpired EAD issued for post-completion OPT and who is otherwise admissible may return to the United States to resume employment after a temporary absence. By definition, however, the EAD of an F-1 student covered under a cap gap extension is necessarily expired. As a result, if the student elects to travel outside the United States during a cap gap extension, he/she should be prepared to apply for an H-1B visa at a consular post abroad prior to returning.  As the H-1B petition is presumably for an October 1 or later start date, the student should be prepared to adjust his/her travel plans, accordingly.

Do the limits on unemployment time apply to students with a cap gap extension?

Yes. The 90-day limitation on unemployment during the initial post-completion OPT authorization continues during the cap gap extension.

If a student was not in an authorized period of OPT on the eligibility date for the cap gap extension, can the student work during the cap gap extension?

No. In order for a student to have employment authorization during the cap gap extension, the student must be in an approved period of post-completion OPT on the eligibility date.

May a student eligible for a cap-gap extension of status and employment authorization apply for a STEM OPT extension while he or she is in the cap-gap extension period?

Yes. However, such application may not be made once the cap-gap extension period is terminated (e.g., rejection, denial, or revocation of the H-1B petition), and the student enters the 60-day departure preparation period.

What is a STEM OPT extension?

F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT related to such a degree, may apply for a 17-month extension.  F-1 students may obtain additional information about STEM extensions on the Student and Exchange Visitor Program website from the Related Links section of this page.

Summary of the news release by USCIS  on H1B visa petitions accepting rules and info :

  H1B petitions for 2011 quota will be accepted April 1, 2011.

-     The H1B cap for 2011 quota is 65,000 for general category

-     H1B cap count for FY 2011 quota for US MS degree or higher is 20,000

-     As needed, USCIS will do lottery if there are more petitions.

-     Higher education institutions, non-profit orgs are exempt from the cap.

-     H1B extensions are not counted for toward FY 2011 cap.

To qualify for the h1b visa program, you must have one of the following:

1) A bachelor's degree or masters degree (or the foreign equivalent degree from your country), or

2) 12 years work experience, or

3) A mix of further education (e.g 2 year diploma) plus six years work experience.

H1B Visa Stamping Requirements

Documents required for H-1B visa stamp:

- Once you receive the H1 approval petition original documents (I797 and from I129) from your H1 sponsoring employer you are ready for your H1 visa stamp. Following is a list of required documents for H1 visa stamping purpose.

- CEAC Barcode printout. This is the application confirmation page, you will get once you 

   complete US Visa application form DS-160 online. 

- Application visa fee original receipt issued by HDFC bank. ( If you are applying in India)

- Copy of interview appointment letter which you get at the time of setting appointment with VFS.

- Original H1 approval form I-797.

- Offer letter from the company in USA.

- Valid Passport.

- Original Experience Certificates from all your previous employment's.

- All other legal papers you received with your H1 documents, like from I129.

- Two photographs 2 and 2 inches square (50 mm square) for each applicant, showing full face, 

   without head covering, against a light background. To be used in the application Form.

- US consulates are very particular about the Photographs specification.

- Must follow these guidelines for photographs.

- Demand draft for visa issuance Fee.

- Latest resume.

- All your Original Degree Certificates.

 

TOP 50 H1B Visa and Green Card Sponsors (2000-2010)

Rank	Company	Total	H1B Visa (01-10)	Green Card  (00-10)	H1B Visa (2009)		Green Card (2009)
1	Microsoft	33,396	27,189	6,207	4,165		109
2	SatyamComputer Services	26,220	25,983	237	1,080		11
3	IBM	14,736	13,723	1,013	1,682		76
4	Enterprise Business Solutions	13,595	13,448	147	828		4
5	Oracle	11,891	9,274	2,617	910		40
6	Intel	10,488	7,696	2,792	1,293		16
7	Patni Computer Systems	9,535	9,362	173	-		3
8	Infosys Technologies	8,946	7,760	1,186	843		34
9	Ernst Young	8,918	7,888	1,030	1,006		86
10	Xceltech	7,973	7,929	44	779		8
11	Larsen Toubro Infotech	7,752	7,686	66	1,425		5
12	CitiGroup	7,137	6,620	517	414		18
13	Cisco Systems	7,061	5,220	1,841	394		377
14	Deloitte Consulting	6,962	6,335	627	980		97
15	Motorola	6,886	5,776	1,110	531		16
16	Rapidigm	6,783	5,591	1,192	-		-
17	Qualcomm	6,224	5,145	1,079	612		215
18	Marlabs	6,102	5,299	803	585		77
19	Cognizant Technology Solutions	5,907	4,136	1,771	1,098		180
20	Tata Consultancy Services	5,539	5,538	1	522		-
21	General Electric	5,476	4,991	485	339		28
22	Fujitsu Consulting	5,299	4,958	341	413		64
23	JPMorgan Chase	5,255	4,740	515	481		53
24	Goldman Sachs	5,241	4,866	375	710		24
25	Deloitte Touche	5,091	4,511	580	487		25
26	KPMG	5,078	4,618	460	494		61
27	CVS Pharmacy	4,833	4,299	534	603		62
28	Rite Aid	4,796	4,210	586	690		47
29	Hewlett Packard	4,765	4,171	594	553		22
30	Patni Americas	4,445	4,433	12	2,131		12
31	Sun Microsystems	4,434	3,395	1,039	155		17
32	University of Michigan	4,313	3,984	329	400		22
33	I Flex Solutions	4,264	4,190	74	1		18
34	Multivision	4,214	3,945	269	491		42
35	LanceSoft	4,009	3,557	452	145		11
36	Pricewaterhousecoopers	3,970	3,153	817	395		74
37	Yale University	3,911	3,797	114	445		6
38	University of Pennsylvania	3,893	3,691	202	264		13
39	Morgan Stanley	3,822	3,571	251	314		23
40	Polaris Software Lab	3,787	3,684	103	819		8
41	Merrill Lynch	3,783	3,402	381	253		63
42	Columbia University	3,633	3,530	103	341		9
43	Google	3,604	2,878	726	576		106
44	Keane	3,601	3,231	370	145		15
45	Capital One Financial	3,567	3,056	511	176		35
46	Verizon Communications	3,537	3,388	149	326		-
47	Bank of America	3,344	2,844	500	239		37
48	Yahoo	3,289	2,511	778	419		55
49	Texas Instruments	3,275	2,508	767	248		51
50	Dell	3,246	2,715	531	229		23

What is an H1B visa? ( what is meaning of H1B visa in actual)

The H1B visa program is the primary method for employers to recruit & hire International professionals and International students to work in the USA. The H1B visa enables US employers to hire foreign professionals for a specified period of time. The H1B program allows workers in specialty occupations to work in the US for up to a total of six (6) years.

One of the things that makes the H1B so desirable is that, unlike many other nonimmigrant visa categories, it is a "dual intent" visa. This means that a visa will not be denied simply because a person has intentions to become a permanent resident. The assumption is that if for some reason the permanent residency petition is denied, the person would still have the intention to return home.

Aside from documenting that the position offered is in a specialty occupation and that the employee has the appropriate credentials for the job, the employer needs to verify that the H1B visa worker is being paid the prevailing wage for the work being performed and that employment of a foreign worker is not harming conditions for US workers.

H1B Visa Qualifying occupation categories are typically jobs in the fields of IT, Computing, Finance, Accounting, Banking, Marketing, Advertising, PR, Sales, Recruiting, Engineering (all types), Teaching, HealthCare/Medical, Legal, Lawyers, Networking, Telecoms, Business, Management, Scientific Research.

The length of time that a worker can have an H1B visa is usually an initial period of up to three years. The initial H1B visa can then be extended one time for up to a combined total of six (6) years.

Other regulatory provisions permit

(1)the employer to request a period of less than three years,
(2)the employee to be employed on a part-time basis
(3) the employee to work for more than one US Employer simultaneously.

The H1B worker's family may also be permitted to live in the US during the period that the H1B visa is in effect, but cannot be a paid employee while on an H4 visa. An H1B holders Spouse and children (under the age of 21) can move to and live in the USA with the H1B holder - but they cannot work unless they obtain their own work visa.

During the term of the H1B visa the employee can also apply for permanent residency. This is called "Dual Intent", and is a privilege some other U.S. visas do not enjoy.

The H1B Cap - quota of H1B visas issued each year
The number of H1B visas issued each year is subject to a cap that is determined by US Congress. The current H1B cap is set at 65,000 plus an additional 20,000 for International students that graduate with an MBA or higher from a US University.

The H1B cap does NOT include or affect:

1) current H1B holders transferring their visa to a new employer / sponsor
2) 'new' applications for an H1B with: nonprofit organizations, Government Research organizations, and institution of higher education.

  

** H1B Transfers and cap-exempt positions are Unlimited and available all year round for applications.

Basic Required Documentation for H1B visa

High School Diploma (only required if no college level of education has been attained.)
College diplomas (Associate, Bachelor, Master, Ph.D)
College transcripts/academic records
Certificate/diploma of training courses in IT
Evidence of license or professional membership in IT
Employment verification in the form of retrospective references (these must correlate with information in CV/Resume)
Current CV/Resume describing in detail employment history including: name & address of employer, job title, month/year commenced employment & month/year concluded employment, type of business, duties performed, full/part time.
Identity page in passport plus any pages evidencing current or expired US Visas

Documents to get H-4 VISA For the dependent of H-1B VISA holder
Passport
Copy of your Spouse H1B visa
H1B approval notice - Copy
Letter from the current employer
Marriage certificate (If spouse)
Marriage album (If spouse)

I-94 card

As an immigrant, when you arrive in the U.S., an arrival/departure record card is issued and placed in your passport next to your visa. This is called an I-94 card that permits a foreigner to be in the U.S. (as opposed to visa that provides the right to travel in and out of the U.S. in a certain status, eg. H1B visa status). The U.S. immigration official at the U.S. port of entry will review the foreigner’s immigration documents (eg. H1B visa) and stamp the I-94 card with an expiry date consistent with the visa expiry. It should be noted that the  immigration official has the power to limit a foreigner’s stay irrespective of the visa expiration. The I-94 card is removed when a foreigner departs the U.S.

What is premium processing of H-1B petition?

Through the USCIS Premium Processing Service U.S. employers may pay a $1,000 fee for expedited processing of their H-1B's. This service guarantees that within 15 days USCIS will issue either an approval notice, a notice of intent to deny, a request for evidence or a notice of investigation for fraud or misrepresentation. This service is available from July 30, 2001. Employers may request Premium Processing by filing a completed Form I-907, Request for Premium Processing Service.

 

How do I qualify for H-1B visa?

To qualify for H-1B visa, you must:

-       Demonstrate that you have the ability to work in the specialty occupation that requires the theoretical and practical application of highly specialized knowledge

-        Be coming to the U.S. to earn money or a livelihood working in a professional capacity, and 

not for pursuing a hobby, for pass time, giving free advice or humanitarian service

-       Seek temporary entry into the U.S.

-       Have a bachelor's degree or the equivalent in work experience. You should have bachelor's degree plus three years of work experience for each year of missing university education. This would be considered four-year bachelor's degree

Note: This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense.

How to go about H1B Transfer ?

It is a common question for H1-B worker “Can I transfer my visa to another company?”. This question can arrive after working for a company for several years, or just after landing in US, or even before flying to US. As part of this article, I will try to address this question.

First of all, there is nothing called “H1-B transfer” (i.e. legally). It is a term coined for our convenience. H1-B transfer is basically a new H1-B petition which is not counted in the quota because the applicant has already been counted in the quota once in past 6 years. So in order to approve any such petition USCIS considers two things:

1.    Did the applicant maintained the status before applying for the petition

2.    Will the applicant be able to maintain the status if the petition is approved

I will now try to tackle different situations by keeping above two conditions in mind. In each of the below scenarios, 2nd consideration can be proved by showing petitioner’s ability to pay the alien once petition has been approved. For consulting companies, this is determined by a client/project letter.

Scenario 1: Applicant has never been to US

In this case, question regarding prior status doesn’t exist because as long as you are outside of US you don’t a legal status.

Scenario 2: Applicant has landed in US and applies for transfer within 15 days of landing

Because the applicant has landed in US, s/he now has a status. However, because it has been less than 15 days, that status is not defined yet (payroll typically starts in 15 days). So one can still dodge the bullet and may not have to prove his/her current legal status.

Scenario 3: Applicant has landed in US and applies for transfer after 15 days of landing

This is the scenario where USCIS definitely wants the alien to prove that s/he maintained his/her status. Some of the documents that can be submitted as valid proof are recent paychecks (3 should be sufficient), bank statements that show salary deposits and W2.

Scenario 4: Applicant worked in US for sometime, then left for India and files the petition while being in India or other country

This is more like scenario 3. The applicant will have to submit most recent US payslips and W2s in order to prove that legal status was maintained while s/he was in US. No proof is required for the period for the time spent in India.

So if a person needs to file a new petition through a new employer (on in raw terms wants to apply for H1 transfer), then s/he needs to think about the above two considerations and see if s/he can satisfy both of them. As long as the person is able to satisfy both requirements, H1 transfer shouldn’t be a problem – it shouldn’t matter whether you are in US or in India or other country

--

The USA remains one of the most popular countries in the world as an immigration destination. Let us help you on the road to getting your USA visa.

The US has over 60 types of non-immigrant (meaning non-permanent) US visas. workpermit.com offers you full US immigration service’s if you need help, as well as many USA visa guides to get you started if you want to handle your US immigration on your own. The US immigration process can be confusing and bureaucratic, but our experts are here to help.

We have a number of US immigration guides detailing commercial US visa categories. These include the B1, H1B, L1, E1, and E2 visas. We also cover US green cards. All applications for US visas are dealt with in-house by a member of the American Immigration Lawyers Association (AILA).

We have also recently added information for medical doctors detailing USA immigration for them and USA visas for doctors. This includes US immigration information on the J1 exchange visitor visa, and the H1B visa for doctors. Let your immigration to USA start here!

 H-1B visa

The US H1B visa is a non-immigrant visa, which allows a US company to employ a foreign individual for up to six years. As applying for a non-immigration visa is generally quicker than applying for a US Green Card, staff required on long-term assignment in the US is often initially brought in using a non-immigrant visa such as the H1B visa. 

Individuals can not apply for an H1B visa to allow them to work in the US. The employer must petition for entry of the employee. H1B visas are subject to annual numerical limits.

US employers may begin applying for the H-1B visa six months before the actual start date of the visa. Since the beginning of the FY 2009 is October 1, 2008, employers can apply as soon as April 1, 2008 for the FY 2009 cap, but the beneficiary cannot start work until October 1st.

The H1B visa is designed to be used for staff in "specialty occupations", that is those occupations which require a high degree of specialized knowledge. Generally at least the equivalent of a job-relevant 4-year US Bachelor's degree is required (this requirement can usually be met by having a 3-year degree and 3 years' relevant post-graduate experience). However, professionals such as lawyers, doctors, accountants and others must be licensed to practice in the state of intended employment – e.g. a lawyer must generally have passed the relevant state bar exam.

Non-graduates may be employed on an H1B visa where they can claim to be 'graduate equivalent' by virtue of twelve or more years' experience in the occupation.

Positions that are not "specialty occupations", or for which the candidate lacks the qualifications/experience for an H1B visa, may be filled using an H-2B visa.

New H1B legislation requires certain employers, called 'H1B dependent employers' to advertise positions in the USA before petitioning to employ H1B workers for those positions. H1B dependent employers are defined as those having more than 15% of their employees in H1B status (for firms with over 50 employees – small firms are allowed a higher percentage of H1B employees before becoming 'dependent'). In addition all new H1B petitions and 1^st extensions of H1B's now require a fee (in addition to the usual filing fees) of US$1,000 to be paid, which will be used to fund a training programme for resident US workers.

The initial visa may be granted for up to three years. It may then be extended, in the first instance for up to two further years, and eventually for one further year, to a maximum of six years. Those wishing to remain in the US for more than six years may, while still in the US on an H1B visa, apply for permanent residence (the "green card"): if such employees do not gain permanent residence, when the six year period runs out, they must live outside the US for at least one year before an application is made for them to enter on an H or an L visa.

Once a company has brought an employee to the US on an H1B visa, should the company dismiss that employee before the expiry of the visa, the company is liable for any reasonable costs that the employee incurs in moving him/herself, his/her affects, back to his/her last foreign residence. This provision covers only dismissal; it is not relevant when an employee chooses to resign