H1B Work Visa

H1B work visa is the official permit that every foreign national should possess if they aspire to work and live in the United States. H1B work visa legalizes the employment of highly skilled professionals or students.

You must be a skilled professional in at least one of the following fields to qualify for H1 B work visa: engineering, health care/medical, sales marketing, PR, IT, Banking, computing, finance, accounting, advertising, recruiting, teaching, lawyers, networking, telecom, business, management and scientific research.

The employer of yours is called the ‘sponsor’ who files your H1B work visa application with the US immigration bureau. The visa applications can be filed either using the ‘Regular service’ or ‘Premium Processing Service’. Then your employer has to pay either the ‘prevailing wage’ or the actual wage, whichever is higher.

A labor certification Application or LCA must be filed using the form ETA 9035 OR ETA 9035E (electronically). This is followed by the approval of the LCA by the DOL (Department of Labor). The leading procedure involves posting of notices by the employer, assembling and filing of H1B application at BCIS, issuance of receipt and approval of the petition.

The tenure for H1B work visa is 3 years which can be extended up to 6 years. You can also work for less than three years, work for more than one employer simultaneously, or work on a part time basis. Your family will also be permitted to live in the US during the tenure of H1B work visa. You can also apply for LPR or lawful permanent residence during the same. This privilege is called ‘Dual Intent’.

There are annual numerical limit for the H1B work visa. Currently the annual limit is 65,000 plus 20,000 for international students graduating in MBA or higher studies from an US university. But it does not include the current H1B work visa holders who wish to change their employers.

The documents that you require are high school diplomas, college diplomas, college transcripts/academic records, certificate or diploma of training courses in IT, evidence of license or professional membership in IT, current resume giving a detailed description about your employment, personal, experience particulars, and identity page in passport.

In case of your dependants they have to produce passport, visa copy of yours, marriage certificate and album (for spouse), copy of the H1B work visa approval notice, and a letter from your current employer.