Why apply for a US H-1B Visa?

• Choose the US H-1B Visa to work in the USA.
• A Bachelor’s degree in IT, Finance, Architecture, Medicine, and Science is eligible.
• Earn in USD (5 times more than your current salary)
• Direct path to getting a Green Card
• Settle in the USA with your family

The US H-1B Visa is one of the most popular ways to work in the US. It is a visa that an employer must apply for on behalf of a specialized employee. Since the visa is granted to specialists, typically, applicants hold at least a Bachelor’s degree and are from fields such as IT, finance, architecture, medicine, science, etc. Y-Axis helps employers file H-1B petitions for their employees. We also help employees from across the world get hired by companies likely to sponsor them for an H-1B visa.

*Planning to Work in the USA? Start Here! View the H-1B Visa Flipbook.

How does the H-1B Visa Work?

The H-1B visa is a non-immigrant visa that allows US companies to employ graduate-level workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, engineering, mathematics, science, medicine, etc. Here’s an overview of how the H-1B visa process generally works:

• Petition Filing: US employers start the process by filing a petition on behalf of the candidate they wish to hire with the United States Citizenship and Immigration Services (USCIS). The petition includes Labor Condition Application (LCA) approval from the Department of Labor (DOL), which ensures that hiring the foreign worker will not adversely affect the conditions of US workers.
• Cap and Lottery System: There is an annual cap on the number of H-1B visas issued each fiscal year – typically 65,000, with 20,000 of those reserved for applicants holding a master’s degree or higher from a US institution. Due to high demand, a lottery system is usually employed when the number of petitions exceeds the cap.
• Selection and Approval: If the petition is selected in the lottery, USCIS will review it. If approved, the foreign worker can apply for the H-1B visa at a US embassy or Consulate in their home country. Approval is not guaranteed and depends on the merits of the individual case.
• Visa Application and Interview: Once the petition is approved, the foreign worker must apply for the H-1B visa with the Department of State (DOS) and may need to attend a visa interview.
• Admission to the United States: Upon visa approval, the beneficiary can enter the United States. The H-1B visa typically allows for an initial stay of up to three years, which can be extended to a maximum of six years.
• Change of Employer: H-1B workers can change employers, but the new employer must file a new H-1B petition for the employee.
• Dual Intent: Unlike some other visas, the H-1B is a dual-intent visa, meaning that H-1B holders can legally seek permanent residency in the US while on a temporary work visa.
• Portability: H-1B visa holders have the benefit of portability, allowing them to move between jobs, provided the new job is in a specialty occupation, and the new employer files a new H-1B petition.

Throughout the process, there are numerous Legal and regulatory steps to be followed, and the timing and specific requirements can vary based on individual circumstances and current immigration laws. The complexity of the process often necessitates legal advice or the assistance of immigration professional.

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Jobs outlook in USA for 2023-24

US H-1B Visa Details

The H-1B Visa is one of the most competitive visas to apply for. Due to there being an annual visa cap, there is a huge demand from US employers applying for this visa. Additionally, since it is a route to a Green Card, it is one of the best visas to apply for working in the US

Under the H-1B, successful petitioners can:

• Live and work in the US
• Extend the stay in the US
• Change employers during H-1B status
• Stay with their dependent spouse and children (under the age of 21) in the US.

*To know more about in-demand jobs in the US.

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Top In-Demand Occupations In USA

What is H1B Visa Lottery and How Does It Work?

The H1B visa has a lottery process that randomly selects applicants by the USCIS to determine which applicant can file an H-1B petition when the applications exceed the annual limit. The registration date for the fiscal year of 2025 for registration of the H-1B visa lottery took place in March and August 2024. The approval rate for H1B visas was around 81% in 2023.
 

Step-by-step process to apply for H1B visa lottery

Step 1: Register for the H1B visa

The registration is initially -costly and requires both the employer and the employer's basic details

Step 2: Wait for the Selection

Once the registration process is done, the selection process is further applied via the lottery

Step 3: Notification

The registrant will be notified through their USCIS account, and they can file a petition during the filing period.

*Want to work in the US? Talk to Y-Axis for complete guidance.

H1B Visa Validity: How Long Does It Last?

The H1B visa is valid for 6 years. It is initially valid for 3 years and can be extended for three more years. After residing in the country for 6 years with an H1B visa, an applicant can apply for a Green Card.

• Once the validity expires, a foreign worker must either leave the US or obtain a different visa.
• If he does not comply, he can lose his legal status and can even be deported.

Steps to extend the H1B visa

Below are the steps to extend the H1B visa:

• Step 1: Check your eligibility for the visa
• Step 2: Complete and submit Form I-129
• Step 3: Pay the filling fees
• Step 4: Wait for the review

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Are H 1bs Allowed To Work Multiple Jobs In USA

H-1B Visa: Are You Eligible?

To be eligible for an H-1B visa, candidates need to fulfill the requirements:

• Valid passport

• Have a bachelor's degree or Masters
• Have relevant 12 years of work experience in the field
• Offer of temporary professional position from a US employer

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*To know more about US job market

Documents Required for US H-1B Visa

The H-1B visa follows a point-based visa system, and you need a minimum of 12 points to assess your application. You must have:

• A Bachelors or Master’s degree from the US (or an equivalent in your country)
• Or 12 years work experience
• Or a mix of education and work experience
• Approved Labor Certificate
• Get selected for Speciality occupation
• Willingness to work in the US
• Form DS-160 application

Points are awarded as follows:

• 3 points for every 1 year of college studies
• 1 point for every 1 year of work experience

Once you score at least 12 points, your H-1B petition can be prepared.

Challenges of H-1B Visa Applicants and Sponsors

Applying for an H-1B visa and sponsoring an H-1B candidate can come with a variety of challenges both for the applicants and the sponsoring employers:
 

For H-1B Visa Applicants:

• Lottery System: Due to the high demand for H-1B visas, the USCIS uses a random lottery system to select applicants for the available visas.
• Documentation and Deadlines: The process requires meticulous attention to detail regarding documentation. Any errors or missed deadlines can result in the denial of the application.
• Changing Policies: Immigration policies can be subject to change. For instance, changes in administration can lead to shifts in the interpretation and application of immigration laws.
• Costs: The application process can be costly, especially if legal assistance is sought and the employer does not always reimburse these costs.
• Dependents' Ability to Work: H4 visa holders (spouses and children of H-1B visa holders) have the ability to obtain work authorization, which can vary based on the prevailing policies. 

Read more...

Top in-demand occupations in the USA

 

For H-1B Visa Sponsors (Employers):

• Costly Process: Sponsoring an H-1B visa can be expensive for employers due to filing fees, legal costs, and the potential for needing to reapply each year if not selected.
• Regulatory Compliance: Employers must comply with various regulations, including labor condition applications that attest to the wages and working conditions of H-1 B workers and that the employment of H-1B workers will not adversely affect US workers.
• Audits: Employers may face audits by the DOL to ensure compliance with the terms of the labor condition application.
• Retention Concerns: If an H-1B employee chooses to leave the company or their visa is not extended, the employer must find a replacement, which can be time-consuming and costly.
• REFs: Requests for Evidence (RFEs) have been reported in recent years, creating additional hurdles for employers trying to hire foreign talent.

Throughout the H-1 B visa process, both applicants and sponsors must navigate legal and procedural requirements. The dynamic nature of immigration policies, the competitive landscape, and the administrative burdens can present challenges for all involved parties.
 

When is the best time to apply for an H-1B Visa?

The best time to apply for an H-1B visa is generally early in the year before the US government's fiscal year begins on October 1. The United States Citizenship and Immigration Services (USCIS) typically starts accepting H-1B petitions on April 1 for the visas that will be issued in the fiscal year starting October 1. Here's a timeline and some considerations for H-1B visa application:

January to March: This is the period when applicants and their prospective employers should start preparing their H-1B visa petitions. It involves gathering all the necessary documentation, including labor condition approval (LCA) from the Department of Labor, which must be filed before the H-1B petition.

April 1: USCIS begins accepting H-1B petitions. Since there's a cap on the number of H-1B visas issued each year, and the demand often exceeds the cap within the first few days of April, it's crucial to have the petition ready to submit by this date.

After April 1: Once the cap is reached, USCIS will not accept any new H-1B petitions for that fiscal year. If the petition is selected in the H-1B lottery and approved, the beneficiary can start working on October 1, the start of the fiscal year for which the visa is issued.
It's important to note that the preparation for filing an H-1B petition should begin well in advance of these dates. Employers and applicants need to account for the time it takes to:

• Establish eligibility for the H-1B program.
• Complete the LCA, which itself can take a week or more to be certified.
• Prepare a detailed job description that fits within the specialty occupation requirements.
• Compile educational and professional documents, including evaluations for foreign degrees.
• If necessary, prepare responses to Requests for Evidence (RFE), which are commonly issued by USCIS, if they need more information to determine eligibility.
• Due to the competitive nature of the H-1B visa process and the cap on the number of visas issued, it's advisable to work with a knowledgeable immigration attorney or a consulting firm specializing in H-1B visas to ensure timely and correct filing.

How to get H-1B Visa from India?

Here are the steps to apply for H-1B visa

Step1: Determine your visa type by reading Common Non-immigrant Visas. Each visa type explains the qualifications and application items. Choose the visa type that applies to your situation.

Step2: The next step is to complete the Non-immigrant Visa Electronic Application (DS-160). Be sure to read the Guidelines for Completing the DS-160 Form carefully. All information must be correct and accurate. Once the form is submitted, you cannot make any changes.

Step 3: Once you have completed the DS-160, you must pay the visa fee.

Step 4: You will need to log in to your profile with the same credentials you used to pay your visa fee. On the website, you must schedule two appointments: one for the Visa application centre (VAC) and one for the visa interview at the US embassy or consulate.

Step 5: Ensure you take the required documents with you for the Visa Application Centre (VAC) appointment.

Step 6: After your visit to the Visa Application Centre to have your photo and fingerprints taken, you will then visit the U.S embassy or consulate on the date and time of your visa interview along with the required documents.
 

H-1B visa fees

The processing fee of an H-1B visa can cost from USD $757-$2,805. Here are the breakdowns of the processing fees for H-1B visa:

 

 

How long does it take to process the H-1B Visa once it is applied for?

The processing time for an H-1B visa can vary based on several factors, including the workload at the USCIS service centre where the petition is filed, the accuracy and completeness of the petition, and whether the employer has opted for premium processing. Here is a general breakdown:

Regular Processing: The standard processing time can range from 2 to 6 months. However, this can fluctuate widely depending on the volume of applications received by USCIS and other factors affecting their workload.

Premium Processing: Employers can choose premium processing by paying an additional fee of $2,500. This service guarantees that USCIS will process the petition within 15 calendar days. If USCIS fails to meet this deadline, they will refund the premium processing fee but will continue to process the petition expeditiously.

Factors Affecting Processing Time:

• Service Center Workload: Different USCIS service centres may have different processing times based on their caseload.
• Request for Evidence (RFE): If USCIS issues an RFE, the processing time will be longer. The clock stops on the initial processing time until the additional documentation is received.
• Accuracy of the Application: Incomplete or inaccurate applications can result in delays or denials, affecting processing time.
• Visa Cap: If the application is subject to the annual cap, it can only be filed during the H-1B filing period starting on April 1st, and the processing will begin after the petitions are selected in the lottery.

After Visa Approval:

Once the H-1B visa petition is approved, the applicant needs to apply for the visa at a US embassy or consulate in their home country. The time frame for an appointment can vary, and visa processing at the consulate typically takes a few days to a few weeks.

Applicants and employers should monitor the USCIS website for the most current processing times, as these can change. Additionally, it is recommended to consult with an immigration attorney or a professional for the most up-to-date and detailed information regarding individual circumstances. 

How Y-Axis can help you?

The H-1B visa requires the highest quality of documentation in order to give your petition a chance at success. Y-Axis has the knowledge and experience to ensure your application is thorough and meets all benchmarks. Our teams assist with:

• To work at a branch, parent, affiliate, or subsidiary of the current employer
• Job Search Assistance in the US
• Preparing your documentation
• Complete Application Processing
• Forms, Documentation & Petition Filing

The H-1B Visa is a life-changing opportunity for anyone looking to work in the US. Y-Axis can help you make the most of this opportunity with our end-to-end support that starts with helping you find a job, apply for a visa, apply for a PR, and more. Talk to us today to discover how we can help you.
 

*Are you looking for step-by-step assistance for US Immigration? Talk to Y-Axis, the world’s No. 1 overseas immigration consultancy, for end-to-end support.

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