H-1B Visa for Indians

H1B Visa Eligibility Criteria

To obtain the H1-B Visa, you must:

1. Have 12 years of work experience. It can also be a mix of further education and work experience.
2. Applicant must hold a bachelor's degree or its equivalent.
3. United States Citizenship and Immigration Services will determine if your employment constitutes a specialty occupation and if you are qualified to perform the services.
4. Employer should file a labor condition with the Department of Labor that concerns the terms and conditions of its contract of employment with you.
5. You must demonstrate that you have the ability to work in specialty occupation.
6. You are willing to come to U.S. to earn and are not coming with the intention to pursue a hobby or to give free advice or any humanitarian service.

Applying for H1B Visa

The individual is not allowed to apply for the H1-B visa, it requires sponsoring from U.S. employer. The H1-B filing period starts from 1st April and the filling period will continue till the quota is met. The H1-B sponsors and employers change every year. H1-B visas are dual intent visas as you can get permanent residency as well.

H1-B visas can be filled and approved in 15 days using the premium processing but an extra fee of $1,225 is to be paid. The H1B visa can also be transferred to the new H1-B sponsor company at any time.

What is the H-1B Electronic Registration Process? 

Here are the steps to H-1B electronic registration process: 

1. Create a USCIS online account 
2. To submit registrations within USCIS, registrants or prospective petitioner must use ‘registrant’ account 
3. Additional information cannot be added until the initial registration period opens, if “I am an H-1B registrant” is selected 

1. Registrants must enter the company information if submitting registration for oneself 
2. Company information entered by representative should be reviewed by the registrant if working with a representative 
3. Representative can create same kind of account or may use the existing account (if any) 
4. Representative need to add their law firm or organisation information while creating account 

Employer petitions for the H1B visa in the following ways:

Form ETA-9035:

Labor Condition Attestation through the ICERT website. The employer assures the DOL that they will provide the employee with fair salary and equal benefits similar to that which is being provided to the U.S. citizen.

Form I-129:

The petition for Nonimmigrant Worker is filed with H Supplement and submitted with supporting documents that include proved LCA and is to be filed with USCIS Regional Service Centre that has jurisdiction over the city of planned employment. When approved, the employer gets notice or approval Form I-797 and a copy is forwarded to the American Consulate.

Family of H-1B Visa Holders 

Children of H-1B visa holders who are under 21 years of age and spouse can apply for admission in H-4 nonimmigrant classification. If H-4 dependent spouse of the H-1B non-immigrant spouse is eligible, if: 

1. The spouse is the principal beneficiary of Immigrant petition for Alien Workers with approved FormI-140 
2. under sections 106(a) and (b) of the AC21, the spouse has been granted withH-1B status 

Note: H-1B nonimmigrants can remain in the USA even after six months of H-1B admission limitation period for work, if seeking permanent residence based on employment, under AC21.

Documents Required While Applying For H1B Visa

Documents required for h1b visa who are outside the U.S. are as follows:

1. Passport
2. Labor Certificate Approval
3. Appointment Letter offered by your employer
4. Tax returns paper of the company
5. Copy of the letter sent to the Department of Justice
6. Copy of the letter sent to the Consular General of the Indian Consulate
7. Copy of the official valuation of your degrees
8. PG certificate
9. Appointment and Relieving Certificates from the previous companies that you were employed at.
10. Dates of prior stay in U.S. in H1-B status
11. Job description and duty with the sponsoring U.S. Company to be described in short.
12. Copy of current U.S. License or temporary license
13. Copy of resume with supporting certificates
14. Two demand drafts, $45 for processing fee and $100 for issuance fee
15. 2 to 3 passport sized colored photographs
16. If H-4 visa is being applied for dependent members, then you must submit copies of children's birth certificates and copy of marriage certificate.

If you are applying for a H1-B status when you are already in the U.S., the following documents are to be submitted:

1. Copy of biographic and visa pages of current passport
2. Current U.S. address
3. Foreign address
4. Day and evening phone numbers
5. E-mail address
6. Form I-94 card copy
7. Prior H1-B approval notices copy
8. Dates of prior stay in U.S. under H1-B status
9. Current resume with employment history
10. Copy of university or college degree
11. Copy of credentials evaluation
12. Title you hold with the sponsoring U.S. Company
13. Detailed description of your job and duties
14. Copy of current license, if any that is required for your occupation
15. Social security number
16. Recent W2 copy
17. Recent pay slip copy

Photo Requirements for H1B Visa

If you wish to apply for the H1B Visa then you need to provide a digital photo. Certain criteria must be met by your photographs. If you get the photo clicked at a studio, then mention that you need it for the US visas.

Requirements:

1. Acquisition - The image file that you produce can be taken using a digital camera or by digitizing paper photo with your scanner.
2. Dimensions - The pixel dimension of the image should be a square. The height and the width of the photo must be the same. The minimum dimensions must be 600 x 600 pixels for the photo to be acceptable.
3. Color - The photo must be in color (SRGB) code. This is the general output for most cameras that are digital.
4. Format of the file - The format of the file must be in JPEG.
5. Size of the file - The size of the photo file must be 240 kb or less.
6. Compression - The image might need compression for giving it the required size.

Scanning Requirements:

• Size for printing - If the image is scanned from a paper photograph, the size of the photo must be at least 2 inches x 2 inches square.
• Resolution - The sampling frequency of the printed photos must be 300 pixels / inch.

Composition Requirements:

1. The image that you produce must have the full face, shoulders and neck in frontal view. The expression on your face must be non-smiling and neutral. The eyes must be opened and you must look directly at the camera.
2. Head must never be tilted towards any side. It should always be at the center of the frame.
3. The background of the photo must be light in color. There should not be any distracting shadows in the picture.
4. The face should stay in focus. The photo must not be sharpened.
5. The photo must not be overexposed or underexposed.

How to Book an Appointment for H1B Visa

1. The visa interview is for all the people who wish to get their h1b visa to the United States of America.
2. The interview of Visa can be taken by you online at the US Visa appointment system.
3. If you wait till the last moment for booking an interview then you might not get the preferred time and date.
4. Understand which consulate you have to apply to before you set up an appointment.
5. Check out the list provided for the US Consulates present in India.
6. Get an appointment on the earliest interview date.
7. Check the wait period for visa at all US consulate.

Validity of H1B Visa

The H1B nonimmigrant is permitted to stay in the U.S. for a period of 3 years and the period can be extended but it cannot go beyond 6 years. The period of stay can be extended under the American Competitiveness in the Twenty-First Century Act. There is also a limited extension for those who have permanent residence applications pending. But, if your H1-B visa is not extended before the end of the 6th year, you are required to remain outside the country for 1 year.

Foreign nationals working in the Defense Department projects can remain in the H1- B status for 10 years.

With the H1B visa, you can bring your dependents. Your wife and unmarried children below the ages of 21 are entitled to the H4 visa and can stay as long as your H1-B visa is valid. They cannot accept employment but are allowed to attend school in the U.S. Servants are also allowed under the B1 visa.

Benefits of H1B Visa

The benefits of the H1-B Visa are as follows:

1. There is no limit to the number of H1-B Visas that an individual can have in his or her lifetime.
2. H1-B holders can seek Green Card or Lawful Permanent Residency for themselves and their family.
3. If the employer is terminating a H1B holder before the end of the authorized employment period, the employer must pay a reasonable cost of transportation for the H1-B holder to go back to his or her home country.
4. If the H1-B holder is changing jobs, he or she must reapply for a new visa. It however doesn't mean you get another 6 years permit. But those who are converting the H4 visa to H1-B status will get 6 years permit from the date the status changed to H1B status.

H1B Visa Limitations

The limitations of the H1-B Visa are as follows:

1. The duration of the stay is temporary. The H1-B holder can however seek for Lawful Permanent Residency, but if the petition is denied then the H1-B holder must go back to his or her home country at the end of the 6 year authorized employment period.
2. An annual limit set to the number of H1-B Visas being issued. The H1-B cap is set at 65,000 for a fiscal year. But the quota is only for new H1-B applications and not to those seeking extension and change of employer.

How to Transfer H1B Visa to Another Employer?

You can apply for transfer of H1-B to another company. But you will need valid employment in the U.S. You must also have recent pay stubs and last 2 year's W2 forms.

If you do not have recent pay slips, then the reason for not having the pay slips will have to be explained to USCIS. It could be due to unpaid vacation long sick leave. The approval letter for the same must be provided. If you lose the job, you lose the status of H1-B even if you have a valid H1-B Visa or a valid I-94 card.

How to Check H1B Visa Status without Receipt Number?

You must get paid from the company from the day one of your employment in U.S. as per the law. You will not be allowed to live in the country without salary unless you have taken an unpaid leave or sick leave. Your status will remain valid and legal but you will have to find another employment at the earliest. If you are not getting a job, then it is advisable for you to leave the country.

In the event the employer is refusing to pay your salary, you can place a complaint with the nearest USCIS office or with the Department of Labor.

H1B Visa Cost 

H1B visa base billing fee has been increased by 21% from USD 460 to USD 555. The new visa filing fee was effective from 2 October 2020. The visa applicant can either pay the visa fee online as a bank transfer or in cash at a particular bank which branches across the country. Once, the payment is done, you have to create a profile on the US Visa Service portal and choose an appointment slot to make sure that you have made the payment in a correct manner. 

You will be able to see various payment options and other details on the payment confirmation screen. You need to schedule an appointment within a year for your visa interview.