H-1B: Person in Specialty Occupation

H-1B is an employment based, non-immigrant visa for temporary workers in America.
H-1B is an employer sponsored visa i.e. an employer must offer a job and petition for your H-1B visa with US immigration department.
This approved petition is a work permit allows you to get visa stamp and work in US for that employer.

Before you can apply for an H-1 temporary worker visa at a U.S. Embassy or Consulate, a Petition for a Nonimmigrant Worker, Form I-129, must be filed on your behalf by a prospective employer and be approved by USCIS. For more information  about the petition process, eligibility requirements by visa category, and numerical limits, if applicable, see Working in the U.S. and Temporary (Nonimmigrant) Workers on the USCIS website. Once the petition is approved, USCIS will send your prospective employer a Notice of Action, Form I-797.

Who qualifies for H-1B Visa?

H-1B is issued to a specialty occupation which requires theoretical and practical application of a body of specialized knowledge along with a bachelor’s degree or its equivalent in a specific field of study.

Is there any Quota for H1B visa?
The H-1B visa has an annual numerical limit or “cap” of 65,000 visas each fiscal year. There are an additional 20,000 visas for applicants who completed their master’s degree from a US university. This cap is subjected to change based on regulations set forth by the United States Citizenship and Immigration Services (USCIS).

What is a typical process to obtain H1B Visa?

– Must qualify and be eligible for H-1B criteria.
– Employer gets Labor Condition Application(LCA) approval from the Department of Labor in the US.
– A US employer should file I-129 Petition with USCIS and get an approval for it.
– Foreign worker located in overseas must apply for the Visa and get the stamping at applicable US consulate in his/her home country.
– Come to America and work for this designated Employer.

– H-1B Visa is subject to approval. Each applicant must have valid passport and need to complete a Visa application form, pay the fee, and appear for the visa interview at the nearest applicable US consulate in the home country.

What are the qualifying educational requirements for H-1B?

One of the basic requirements for H1B is education. To qualify for the H-1B visa category, the prospective H-1B employee must hold a U.S. bachelor’s or higher degree, or the equivalent.

In addition to the academic qualifications, the individual must be fully qualified to lawfully perform the duties of the position offered. In occupations that require licensure or professional credentials (e.g., doctor, dentist, attorney, CPA, architect, registered nurse), the individual must already hold such qualification before the H1B visa petition can be filed.

What type of jobs comes under Specialty Occupation? what type of Jobs /occupation can qualify for the H1B visa?

While there are several areas and categories which may qualify for specialty occupation like Engineers, Doctors/Physicians, Managers, Financial Manager, Analyst, Business Managers, Sales Managers, Art, entertainment, Lawyers, CPA, Architect, Health Care professionals, Technicians, there is a preference given to occupations that focus on Science, Technology, Engineering and Management.

Next – H1Visa employers petition process.

H1B petition Process

Firstly, an US employer who chooses and agrees to employ you and file for your H-1B visa. For that, the employer files for a H1B petition with USCIS. The petition itself is a 2-step process. 1. Getting the Labor clearance. 2. Filing the H1B petition with USCIS.

1. Labor certification for H1B :
The prospective US employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker. Employer must submit LCAs electronically via the DOLS iCERT Portal System

2. Filing for H1B Petition with USCIS: Upon DOL certification, the employer files the USCIS Form I-129, the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.There can be fee associated with LCA and USCIS petition. Fee is subject to change from time to time.

What documents are required for H1B visa petition?

Employer may require certain document from the foreign worker for the purpose of petition. Following is a typical sample of the required document for H-1B petition:

• Copy of passport.
• Copy of degrees /educational certificates / transcripts.
• Letter of current employment.
• Copy of previous employment /experience.
• Copy of any certifications/achievements.