How to Apply for an H-1B Visa to Work in the US

An H-1B visa is a U.S. work permit that allows foreigners to work “specialty occupations” for U.S. employers. This means that your employment in the United States cannot be for just any type of work; the work performed must involve a high level of skill such as in a professional occupation.

Most applicants under the H-1B work visa category are highly educated with a university degree. However, a high education is not always necessary. Some H-1B visas can be granted to applicants with little education but with lots of work experience.

How Do I Qualify for an H-1B Visa?

To qualify for an H-1B visa, you must perform services in the U.S. in a specialty occupation.  You must have:

  • a job offer from a U.S employer that offers you the “prevailing wage” paid in the same U.S. geographic area for similar work that you will be performing
  • the correct background to the job offered

 

Do I Need a Degree?

The nature of the specific duties of your job offer must be so specialized and complex that knowledge required to perform the duties is usually associated with a bachelor’s degree, where your U.S. employer would normally require a degree for the position offered.

The degree requirement would be common to the industry in parallel positions among similar organizations or the duties of the positions are so complex that only a person with a degree can perform them.

It is important to note that where a degree is not usually required for an occupation,
an H-2B work visa may be appropriate.

The 4 Steps to the H-1B Visa Application Procedure

There are 4 steps involved in the H-1B visa application process:

1. Prevailing Wage Determination

The employer must determine the “prevailing wage” for the complete job offered to the foreign national. This is usually done by filing a request with the state employment security agency (SESA). The wage must be higher than or within 5% of the prevailing wage in the state on the indented employment.

2. Employer’s Attestation

The employer must file a Labor Condition Attestation (LCA) with the United States Department of Labor (DOL). The LCA contains information about the nature of the occupation, the number of foreign workers that have been hired by the employer and the wages paid to the foreign workers.

The LCA also contains a written promise that foreign nationals will be paid the higher of the prevailing wage or the actual wage paid to similarly situated workers; that there are no strikes or lockouts in process involving jobs to be filled by H-1B visa workers and that the employer has given notice of the filing of H-1B attestations to either the labor union (if one exists) or has posted notice of the filing in a conspicuous place for other workers to see.

The DOL will certify the LCA if it has been completed properly and will provide the employer with an endorsed copy which will be used in support of the H-1B petition.

3. Employer’s Petition

The employer files the H-1B Visa Petition with the INS Service Center in the United States.

4. Application

Once the Petition is approved, the application is filed by the foreign national to the U.S Consulate. IF YOU ARE CANADIAN, you can simply go to a U.S. port of entry with the approved petition and be admitted.

The 3 Most Asked Questions about H-1B Visas

  1. What are the processing times?  Processing times range from 9 to 14 weeks depending on the INS Service Center that has jurisdiction over the case.
  2. What is the duration of an H-1B status? H-1B work visas can be issued for a period of up to 6 years. However, the INS typically will issue the visa for an initial period of 3 years. Extensions must be filed after the three-year period usually requiring a new Labor Condition Attestation (LCA).
  3. Is there an H-1B visa quota?  There is an annual quota of ‘new’ H-1B visas that can be issued, which is also known as the H-1B Cap. If you intended to apply for an H-1B visa, and the quota has been filled, contact us for alternative solutions, such as a TN visa or L-1 visa.

Why Seeking Professional Help for an H-1B Visa is Important

Applying for an H-1B visa requires a great deal of preparation, including assembling the proper paperwork, following the proper procedures and knowing where to file and when. H-1B visas are also subject to annual quotas, so its essential that your application is submitted on time.

With so many specific and timely requirements to fulfill, successful H-1B applications are often achieved with the help of a legal expert.

Why Hire Us to Help You With Your H-1B Visa Application?

Our law firm has over 15 years of experience at handling H-1B visa applications, and we know what steps and details that immigration officers considering when deciding whether to approve or deny an application bid.

We have helped thousands individuals enter the U.S. with H-1B visas, and we can help you too!

The first step towards a successful H-1B application is getting an assessment of your case. Fill out our free immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.

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