The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. This visa is highly sought-after due to the opportunities it provides to work in the United States. In this article, we’ll explain the steps involved in the H-1B visa application process.
Step 1: Job Offer From a U.S. Employer
Before the H-1B visa process can begin, you need to secure a job offer from a U.S. employer in a role that typically requires a bachelor’s degree or higher. This employer will act as your sponsor throughout the visa process.
Step 2: Labor Condition Application (LCA)
The employer must file a Labor Condition Application (Form ETA-9035) with the U.S. Department of Labor (DOL). The LCA confirms the employer will pay the prevailing wage and that employing a foreign worker won’t adversely affect the working conditions of U.S. workers. It typically takes around seven days for the DOL to certify an LCA.
Step 3: Form I-129, Petition for a Nonimmigrant Worker
Once the LCA is approved, the employer can file Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). This form includes information about the company and the proposed employment. The employer should also include evidence to demonstrate that the proposed position qualifies as a specialty occupation.
Please note, the USCIS begins accepting applications on April 1st of each year, and there’s an annual limit on the number of H-1B visas issued. If applications exceed this cap, a lottery system is used to allocate visas.
Step 4: USCIS Review
The USCIS will review the petition. This process can take several months and the employer may receive a Request for Evidence (RFE) if the USCIS needs additional information to make a decision.
Step 5: Visa Stamping
If the petition is approved, you, as the beneficiary, will need to apply for the visa at a U.S. embassy or consulate in your home country. This involves completing Form DS-160, scheduling an interview, and providing the necessary documentation, including a copy of the approved Form I-129, your academic records, and job offer details.
Step 6: Entering the U.S.
Once the visa is issued, you can travel to the U.S. However, being granted an H-1B visa does not guarantee entry. Upon arrival, an officer from Customs and Border Protection will make the final decision.
Remember, this guide is a general overview of the process and individual circumstances can vary. If you’re considering applying for an H-1B visa, it may be worth consulting with an immigration attorney to ensure you understand all requirements and potential issues.
