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Why apply for US H-1B Visa?
- Choose US H-1B Visa to work in the USA.
- Bachelor’s in IT, Finance, Architecture, Medicine, and Science are eligible.
- Earn in USD (5 times more than your current salary).
- Direct path to get a Green card.
- Settle in the USA along 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 specialist 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 with filing for 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.
How does the H-1B Visa Work?
The H-1B visa is a non-immigrant visa that allows U.S. 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: U.S. 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 U.S. 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 U.S. 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 U.S. 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 U.S. 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 an immigration professional.
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 to work 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 & children (aged under 21) in the US
Validity of the H-1B Visa
- Visa has a validity of three years with the option to extend it up to a maximum of six years.
- Once the validity is over, a foreign worker must either leave the U.S. or obtain a different visa.
- If he does not comply, he can lose his legal status and can even be deported.
Documents Required for US H-1B Visa:
The H-1B is a point based visa system and you need a minimum of 12 points for your application to be assessed. You must have:
- A Bachelors or Masters degree from the US (or an equivalent in your country)
- Or 12 years work experience
- Or a mix of education and work experience
You are awarded points as follows:
- 3 points for every 1 year of college studies
- 1 point for every 1 year of work experience
Once you score a minimum of 12 points, your H-1B petition can then 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 U.S. 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 U.S. 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
Step 1
Determine your visa type by reading Common Nonimmigrant Visas. Each visa type explains the qualifications and application items. Choose the visa type that applies to your situation.
Step 2
The next step is to complete the Nonimmigrant Visa Electronic Application (DS-160) form. 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 Center (VAC) and one for the visa interview at the 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.
What is the cost of the H-1B visa to the applicant and to the sponsor?
The cost of an H-1B visa can vary depending on a variety of factors, including attorney fees, the size of the sponsoring company, and whether the employer chooses to expedite the processing of the petition using Premium Processing. The basic costs set by the United States Citizenship and Immigration Services (USCIS) are as follows:
For the Sponsoring Employer:
- Base Filing Fee: The standard H-1B filing fee is $460 for the I-129 petition.
- American Competitiveness and Workforce Improvement Act (ACWIA) Fee: Employers with 1 to 25 full-time equivalent employees pay $750, while employers with 26 or more full-time equivalent employees pay $1,500.
- Fraud Prevention and Detection Fee: A $500 fee is required for new H-1B applications and for those changing employers.
- Public Law 114-113 Fee: Employers with more than 50 employees, with more than 50% of those employees on H-1B or L-1 visas, must pay an additional $4,000 for H-1B petitions.
- Optional Premium Processing Fee: Employers who wish to expedite the processing of their H-1B petitions can pay an additional $2,500 for the USCIS Premium Processing Service, which guarantees a response within 15 calendar days.
- Immigrant Attorney Fees: Attorney fees can vary widely but are typically around $1,000 to $3,000 for H-1B visa services. Some companies may have in-house immigration counsel and might not incur this cost.
- H-1B Visa Issuance Fee: Based on reciprocity, the fee can vary by nationality for the visa to be issued at the U.S. Consulate or Embassy. This is typically paid by the applicant.
For the Applicant:
- Visa Application Fee: Applicants may be required to pay a visa application fee, which is $190 for the H-1B visa.
- Visa Issuance Fee: This fee varies by country and is based on reciprocity. It should be checked with the local U.S. Embassy or Consulate.
- Medical Examination and Vaccination Fees: If required, these fees will vary by provider.
- Travel and Accommodation Fees: For attending the visa interview at a U.S. Embassy or Consulate and for moving to the U.S. if the visa is granted.
- SEVIS Fee: This is not required for H-1B visas but is relevant for those applying for an F or J visa for study or exchange programs.
- It's important to note that the costs can change, and the USCIS may update fees; applicants and sponsors should check the latest fees on the USCIS official website or consult with an immigration attorney for the most current information. Moreover, according to U.S. law, the employer is required to pay the H-1B visa petition fees, not the employee. This is to ensure that the hiring of foreign workers does not come at a lower cost than hiring U.S. workers.
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 center 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 centers 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 U.S. 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.
Latest US H-1B news
September 19, 2024
USCIS Reaches H-2B Cap for the first half of FY 2025
USCIS announced that it has reached the cap for H-2B visas for temporary nonagricultural workers for the first half of FY 2025. September 18, 2024, was the final date for H-1B workers filing the petitions and requesting employment start dates before April 1, 2025.
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August 28, 2024
Good News! USCIS allows H1-B spouses to work in America!
The US Court has passed a rule confirming H-1B spouses can work in the US. Major tech companies, including Google, Amazon, and Microsoft, supported the rule.
To know more on how to apply for H-1B visa, contact Y-Axis.
August 13, 2024
The Kolkata consulate provides the fastest US visa processing time
Visiting the US has become more accessible for Indians as the Kolkata consulate quickly issues US tourist visas, with a wait time of just 24 days. Kolkata offers the shortest processing time for B1 and B2 visas.
To know more about how to apply for a US tourist visa, contact Y-Axis
August 8, 2024
USCIS completes selection of 70,000 H-1B applications for FY2025
The USCIS has selected 70,000 H-1B applications for FY 2025 and would be holding additional registration to reach the cap count for H-1B visas. Potential petitioners have already been informed about their eligibility criteria and the updated fee requirement.
August 6, 2024
H-1B Spouses right to work in the US secured by a court ruling
The US Court of Appeals has recently confirmed that H1-B spouses are allowed to work in the US. The decision is gladly welcomed by major tech companies like Google, Amazon and Microsoft as it helps them to recruit and retain foreign skilled professionals willing to be permanent residents of the US.
April 8, 2024
Good News! Indians with pending EAD applications of H1-B visa holders get 540 days extension
USCIS has increased the extension period for EAD applications of H1-B visa holders from 180 days to 540 days. The extended extension period of up to 540 days will apply to applicants from October 27, 2023.
March 2023, 2024
US extends the H-1B visa registration date to 25th March 2024. Apply Now!
The USCIS extends the registration period till March 25 for the H-1B cap for FY 2025. During this extended period, Individuals are required to use a USCIS online account to register for the selection process. Individuals who are selected will be notified by March 31, 2024.
March 19, 2024
Last 2 days are left in the H-1B registration period, which closes on 22 March.
The initial registration period for H-1B visas for fiscal year 2025 closes on March 22. Prospective petitioners must use an online US Citizenship account to register each beneficiary during this period. USCIS will start accepting online application forms for H-1B cap petitions on April 1.
March 02, 2024
H1-B visa registration for FY 2025 begins on March 6, 2024
USCIS has announced the dates for H-1B visa registrations for FY 2025. The registrations will begin on March 06, 2024, and continue till March 22, 2024. Prospective petitioners and their representatives can use a USCIS online account to register. USCIS has made various initiatives to improve collaboration, assist individuals, and simplify processes. Furthermore, online filling for Form I-129 and associated Form I-907 for selected registrations will begin on April 01, 2024.
February 06, 2024
Get H1-B in five weeks now under pilot program, apply from India or Canada. Hurry limited seats!
United States launched H-1B visa renewal under pilot program and allows eligible citizens from India and Canada to renew their visas without requiring leaving the country. The Department of State will offer up to 20,000 application slots during the pilot program. Application slot dates are released on specific periods of time starting from January 29, 2024 to February 26, 2024. The department estimates a processing time of five to eight weeks after receiving applications.
February 05, 2024
New H-1B rule effective March 4, 2024. Provides start date flexibility
USCIS has revealed a final rule for H-1B registration process to strengthen the integrity of visa and reduce fraud. The rule will be operative after the initial registration period for FY 2025. It will be effective from March 01, 2024 and the cost for the registration will be $10. The initial registration period for FY 2025 H-1B cap will start on March 6, 2024 and end on March 22, 2024. USCIS will accept online filings of Forms I-129 and related Form I-907 for H-1B petitioners starting on February 28, 2024.
January 16, 2024
H-2B visa quota exhausted for the first half of fiscal year 2024, what now?
USCIS received sufficient number of petitions and reached the cap for H-2B visas for returning workers. Petitions are still being accepted for the separate allocation of 20,000 visas reserved for nationals of specific countries. Petitioners whose workers were not approved under the returning worker allocation have an alternate option to file under the country specific allocation whilst the visas are still available.
January 9, 2024
Elon Musk in favor of increasing H-1B visa caps
Elon Musk suggested increasing the H1-B visa caps and an employment document enabling foreign workers to travel to the US. He said, “Skilled workers should enter the US legally, and illegal migration has to be stopped”.
December 23, 2024
Indians waiting for Green Cards can check their status in advance.
The US has released the Visa Bulletin of January 2024, and the Bulletin consists of both the Dates of filling the application and the Final dates of action. Check your Green card status now. The Green card status depends on your specific visa category and the country you are applying from.
Indians waiting for Green Cards can check their status in advance.
Dec 11, 2023
USCIS increases the visa fee across various immigration streams
USCIS has made new changes to the visa fee by increasing the fee across various immigration processes and streams. The changes have been made for the H1-B visa, L visa, EB-5 investor, Employment authorization, and citizenship. The H-1B visa fee may see a significant hike of 2000%, and petition fee for H-1B visa application by 70%.
U.S. to increase H1-B visa fees by 2000%
Oct 13, 2023
H-2B visa cap met for early 2024 by USCIS
The U.S. Citizenship and Immigration Services has already reached its limit for H-2B visa applications for temporary non-farming jobs for the first half of fiscal year 2024. As of October 11, 2023, they are no longer accepting applications for positions starting before April 1, 2024. Any H-2B applications for this period submitted after the aforementioned date will not be considered.
Sep 28, 2023
USCIS Awards $22 Million in FY 2023 Citizenship and Integration Grants
Today, the U.S. Citizenship and Immigration Services (USCIS) granted more than $22 million to 65 entities across 29 states. These funds are intended to assist lawful permanent residents (LPRs) in their journey towards naturalization.
Sep 27, 2023
USCIS Increases Employment Authorization Document Validity Period for Certain Categories
USCIS has revised its Policy Manual, extending the maximum validity duration for initial and subsequent Employment Authorization Documents (EADs) to 5 years. This applies to specific noncitizens whose employment permission is tied to their status or situation, including individuals admitted or paroled as refugees, those granted asylum, and individuals who have received withholding of removal.
Sep 25, 2023
USCIS Exempts Biometric Services Fee for all Form I-539 Applicants
Today, the U.S. Citizenship and Immigration Services (USCIS) declared that the biometric services fee for Form I-539, used for extending or changing nonimmigrant status, will be waived. Starting October 1, applicants won’t have to pay the $85 fee for biometric services when submitting Form I-539. Applications dated October 1 or thereafter will be free from this charge.
Aug 19, 2023
DHS Issues Proposed Rule to Modernize H-2 Temporary Visa Programs and Strengthen Worker Protections
The Department of Homeland Security (DHS) initiated measures to enhance safeguards for workers under the H-2A agricultural and H-2B non-agricultural temporary worker schemes (referred to as H-2 programs). In a recently released notice of proposed rulemaking (NPRM), DHS aims to update and elevate the H-2 programs by offering more flexibility to workers and streamlining the system. This update also emphasizes safeguarding workers from potential misconduct by employers and introduces whistleblower protections.
Aug 05, 2023
USCIS Updates Receipts Process for Form I-129S
When submitting both Form I-129S, rooted in the Blanket L Petition, and Form I-129 for Nonimmigrant Workers, petitioners can expect two separate notifications: a confirmation of receipt and, if successful, an approval notice. The previous practice of getting a stamped and signed Form I-129S and the Form I-129’s approval will no longer occur. Instead, an independent approval notice for Form I-129S will be issued, acting as the official endorsement.
July 31, 2023
The second round of lottery for US H-1B is likely to be held by August 2, 2023
USCIS earlier announced to conduct the second round of the US H-1B visa lottery for the FY 2024. Following the announcement, the lottery is expected to be held by August 2nd, 2023. Around 20,000 to 25,000 H-1B petitions will likely be selected via the lottery.
July 28, 2023
US to hold second round of H-1B visa lottery of FY-2024. Apply now!
US announced to conduct the second round of H-1B visa lottery selection for Fiscal Year 2024. The initial round of Lottery was held in March 2023 on accurately submitted Electronic registrations for FY 2024. USCIS received 7, 58,994 eligible registrations for the FY 2024 H-1B cap, out of which 1, 10,791 were selected.
US to hold second round of H-1B visa lottery of FY-2024. Apply now!
July 24, 2023
The US plas to H-1B visa intake is to double as per the new bill
Indian- Origin Congressman Raja Krishnamoorthi passed a bill to double the H-1B annual intake. The current yearly intake of H-1B visas to said to be 65,000, while the latest bill proposes a total intake of 1, 30,000. Approximately 85,000 workers are hired by the U.S. via the H-1B intake, of which 20,000 are international students and 65,000 are foreign workers.
July 04, 2023
‘H-1B & L-Visa restamping in the U.S.’ under a new pilot program: Indian-American Techie
The United States launched a pilot program for temporary work visa renewals domestically. The announcement came as a relief to all the Indian H-1B visa holders in the U.S. The pilot program is set to launch later this year. Eventually, the program will also include other visa categories.
The massive pool of Indian American working-class professionals in the U.S. applauded the announcement.
June 19, 2023
U.S. Work Visas and Permanent Residency after Graduation for International Students
Foreign students studying in the United States hope to work in the country after graduation. Understanding the work visa and permanent residency options can be very helpful. This article breaks down the options for undergraduate and graduate-level students.
June 06, 2023
USCIS issued 442,043 H-1B visas in FY 2022. Check your chances of an H-1B visa now!
In FY-2022, most of the H-1B applications were majorly for initial and continuing employment.Out of which 132,429 applications were for initial employment. The initial employment applications that were approved include both new and concurrent employment.
May 12, 2023
New Act to Lift the country quota for U.S. Green Card
A new Act was introduced to eliminate the country quota for US Green cards. Candidates with STEM advanced degree from the US universities get eligibility to stay and access green cards. A Green Card, formally referred to as a Permanent Resident Card, is an official document given to immigrants in the United States to confirm that they have been granted the right to reside in the country permanently.
May 8, 2023
Cost comparison and ROI of 25 best universities in the USA
Millions of students across the globe forage for the top best-ranking universities in the USA. Students and their families jot down the checklist of colleges based on the university rankings and other important factors. Federal Financial Aid is one of the most accommodative policies wherein students can avail of grants, loans, or scholarships in the form of the government’s financial support. Most top universities are teamed up with this initiative, making even the most aristocratic universities a reasonable bargain for students.
May 04, 2023
Faster processing and interview waivers for US visas, USCIS latest visa updates
The US has planned to shorten the wait times for Visit visas for Indians by waiving the interview process. Applicants with “clearance received” or “department authorization” status on their previous visas can apply for a new visa using the interview waiver process.
Those applicants are eligible for the interview waivers who are renewing any visa in the same category with expiration within 48 months.
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, applying for a visa, applying for a PR and more. Talk to us today to discover how we can help you.
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