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H1B Visa Application Services
Apply for your H1B Visa with FND Overseas Education. Our expert team offers comprehensive services to guide you through every step of the H1B Visa application process, ensuring a smooth and successful experience.
Why apply for US H1B Visa?
- To work in the USA, select the US H1B Visa.
- IT, finance, architecture, medicine, and science bachelor’s degrees are acceptable.
- Earn five times as much in USD as you do now.
- Easy way to obtain a green card.
- Relocate with your family to the United States.
One of the most common visas for US employment is the H1B. On behalf of a specialized worker, an employer must apply for this type of visa. Since the visa is only awarded to specialists, most applicants come from sectors like information technology, finance, architecture, medical, physics, etc. and normally hold at least a bachelor’s degree. Employers can get assistance from FndOverseas in filing H1B applications for their staff members.
How does the H1B Visa Work?
Non-immigrant H1B visas enable U.S. employers to hire postgraduate professionals in specialized industries including IT, finance, engineering, mathematics, physics, and medicine that call for theoretical or technical knowledge. Below is a broad rundown of how the H1B visa application process operates:
- Petition Filing: To begin the hiring process, American companies submit a petition to the US Citizenship and Immigration Services (USCIS) on behalf of the individual they would like to hire. The Department of Labor (DOL) has approved the Labor Condition Application (LCA) in the petition, guaranteeing that hiring the foreign worker won’t have a negative impact on the working conditions of American workers.
- Cap and Lottery System: Each fiscal year, the number of H1B visas granted is capped at 65,000, with 20,000 of those visas being set aside for candidates who have earned a master’s degree or higher from an American university. When the number of petitions surpasses the cap, a lottery mechanism is typically used because of the great demand.
- Selection and Approval: USCIS will examine the petition if it is chosen in the lottery. If accepted, the foreign employee may apply for an H1B visa at any American embassy or consulate abroad. Acceptance is subject to the merits of each case and is not certain.
Interview and Application for Visa: Following approval of the petition, the foreign worker must apply to the Department of State (DOS) for an H1B visa. There may also be a requirement to attend a visa interview.
Admission to the United States: The recipient is permitted entry into the United States upon the issuance of their visa. Generally, an H1B visa holder may stay for up to three years at a time, with the possibility of an additional six years.
Change of Employer: H1B employees are free to move companies, but the new employer will need to submit a fresh H1B petition on their behalf.
Dual Intent: The H1B is a dual-intent visa, which means that, in contrast to some other visas, its holders are able to lawfully apply for permanent residency in the United States while holding a temporary work visa.
Portability: If an H1B visa holder changes jobs and the new employer files a fresh H1B petition, they will enjoy the benefit of portability, which lets them travel between positions.
There are several legal and regulatory procedures that must be followed during the process, and depending on the particulars of each case as well as the laws in effect at the time, the time and requirements may change. Due to the intricacy of the procedure, legal counsel or the support of an immigration specialist are frequently required.
US H1B Visa Details:
One of the most competitive visas to apply for is the H1B visa. US employers are in high demand for this visa because there is an annual cap on the number of visas that can be obtained. It is also among the greatest visas to apply for in order to work in the US because it provides a path to a Green Card.
- Successful petitioners under the H1B may:
- reside and work in the United States
- Continue to remain in the US
- Employer switching while in H-1B status
- Remain in the US with their dependent spouse and minor children.
Validity of the H1B Visa
- The duration of a visa is three years, though it can be extended for a maximum of six years.
- A foreign worker has two options when the validity expires: exit the country or get a new visa.
- He risks losing his legal status and even being deported if he disobeys.
Documents Required for US H1B Visa:
The H1B visa system is point-based, and in order for your application to be considered, you must have a minimum of 12 points. You ought to possess:
- A US bachelor’s or master’s degree (or its equivalent in another nation)
- About twelve years of professional experience
- is a combination of training and employment
The following points are given to you:
- For every year spent in college, three points
- Each year of job experience is worth one point.
It is then possible to prepare your H1B petition if you receive at least 12 points.
What are the current problems of those applying for an H1B visa and those sponsoring them?
Both the candidates and the supporting employers may face a number of difficulties while applying for an H1B visa and sponsoring an H1B candidate:
For H1B Visa Applicants:
- Lottery system: The USCIS employs a random lottery mechanism to choose applicants for the available H1B visas because of the high demand for these visas. This implies that there is no certainty of a visa for even highly qualified applicants.
- Deadlines and documentation: The procedure necessitates exacting attention to detail in the paperwork. The application may be rejected if there are any mistakes or deadline violations.
Wait Times and Uncertainty: Applicants who are attempting to organize their lives and careers may find the lottery system’s uncertainty and the possibility of lengthy processing times to be extremely stressful.
Changing Policies: The likelihood that an application will be granted an H1B visa may be impacted by changes to immigration laws. For example, alterations in the management may result in modifications to the way immigration laws are interpreted and implemented.
- Costs: The application procedure can be expensive, particularly if legal counsel is required. The employer may not always cover these expenses.
Ability of Dependents to Work: Depending on the current laws, spouses and children of H1B visa holders may not be able to gain work authorization for themselves. This might cause uncertainty for families.
For H1B Visa Sponsors (Employers):
- Expensive and Competitive Process: The H1B visa cap makes the application process extremely competitive. Employers may also incur additional expenditures while sponsoring an H1B visa because of filing fees, legal fees, and the possibility of having to reapply every year if they are not chosen.
- Regulatory Compliance: Employers are required to abide by a number of requirements, which include labor condition applications attesting to pay and working conditions as well as the fact that hiring H1B workers won’t negatively impact American workers.
- Public Inquiry and Audits: Businesses that hire H1B employees are coming under more and more scrutiny. The DOL may audit employers to make sure they are adhering to the requirements of the labor condition application.
Workforce Planning Challenges: Because firms cannot be confident that a selected candidate will actually acquire a visa, the lottery system’s inherent uncertainty makes it difficult for them to prepare for their workforce needs.
Concerns about Retention: Finding a replacement for an H1B employee can be an expensive and time-consuming procedure for the employer in the event that the employee decides to quit the company or that their visa is not extended.
Risk of Visa Denials: Employers seeking to attract foreign talent face additional obstacles as a result of a reported rise in visa denials or Requests for Evidence (RFEs) in recent years.
When is the best time to apply for an H1B Visa?
Generally speaking, the optimal time to apply for an H1B visa is just before the U.S. government’s fiscal year starts on October 1. Usually beginning on April 1st, the United States Citizenship and Immigration Services (USCIS) accepts H1B petitions for visas that will be given in the fiscal year beginning on October 1st. Here is a schedule and some things to think about when applying for an H1B visa:
Applicants and their potential employers should begin preparing their H1B visa petitions between January and March. It entails obtaining all required paperwork, including the Department of Labor’s labor condition approval (LCA), which needs to be submitted prior to the H1B petition.
- April 1: USCIS begins accepting H1B petitions. It’s important to have the petition ready to file by this date since there is a cap on the number of H1B visas awarded annually, and the demand frequently surpasses the cap within the first few days of April.
- After April 1st: USCIS will stop accepting new H1B petitions for that fiscal year once the cap is met. On October 1st, the start of the fiscal year for which the visa is issued, the beneficiary may begin working if their petition is approved and chosen in the H1B lottery.
It is imperative to remember that the process of preparing an H1B petition ought to start well in advance of these deadlines. Both hiring companies and candidates must factor in the time required to:
- Determine if you qualify for the H1B program.
- Finish the LCA; it may take a week or longer for it to be certified.
- Make sure your work description is specific and meets the requirements for the specialty occupation.
- Assemble academic and professional records, such as assessments for degrees awarded abroad.
- If more information is required by USCIS to assess eligibility, be prepared to respond to Requests for Evidence (RFE), which are frequently sent out by the agency.
- Working with an experienced immigration attorney or consulting firm that specializes in H1B visas is advised to ensure timely and accurate submission due to the competitive nature of the H1B visa process and the cap on the number of visas given.
How to get H1B Visa from India?
Here’s how to apply for an H1B visa.
- Step 1: Consult Common Nonimmigrant Visas to ascertain the sort of visa you require. The requirements and application materials are explained for each category of visa. Select the type of visa that best suits your needs.
- Step 2: Submitting the Nonimmigrant Visa Electronic Application (DS-160) form is the next step.Make sure you thoroughly read the instructions for filling out the DS-160 form. Every piece of information needs to be precise and true. After submitting the form, it cannot be altered.
- Step 3: You need to pay the visa cost after completing the DS-160.
Step 4:Â Â Using the same login credentials that you used to pay for your visa fee, you must access your profile. You have to make two appointments on the website: one for the interview at the Embassy or Consulate to obtain a visa, and another for the Visa Application Center (VAC).
- Step 5:Â Â Make sure you bring the necessary paperwork to your appointment at the Visa Application Center (VAC).
- Step 6: Bring the necessary paperwork to the U.S. Embassy or Consulate on the day and time of your visa interview after visiting the Visa Application Center to have your picture and fingerprints taken.
What is the cost of the H1B visa to the applicant and to the sponsor?
The price of an H1B visa can differ based on several factors, such as the amount of money paid to an attorney, the size of the company sponsoring the petition, and whether the employer decides to use Premium Processing to speed up the petition processing. The basic price set by USCIS is as follows:
Regarding the Employer Sponsored:
- Base Filing price: For the I-129 petition, the usual H1B filing price is $460.
- Act to Improve American Competitiveness and Workforce (ACWIA) Fee: Companies that employ 1 to 25 full-time equivalent workers must pay $750; companies that employ 26 or more full-time equivalent workers must pay $1,500.
Fraud Prevention and Detection cost: New H1B applicants and those transferring employers must pay a $500 cost.
Law 114-113 of Public Interest Fee: For H1B petitions, employers with more than 50 workers who have more than 50% of those workers on an H1B or L-1 visa are required to pay an extra $4,000 in fees.
Optional Premium Processing Fee: Employers can pay an extra $2,500 for the USCIS Premium Processing Service, which ensures a response within 15 calendar days, if they would like to speed up the processing of their H1B applications.
- Attorney Fees for Immigrants: Although they can vary greatly, attorney fees for H1B visa services usually range from $1,000 to $3,000. Some businesses might not have to pay for this because they have internal immigration counsel.
Fee for issuing an H1B visa: Depending on reciprocity, different nationalities may pay different fees to have their visas issued at US embassies or consulates. The applicant usually pays for this.
For the Applicant:
Visa Application Fee: $190 is the application fee for the H1B visa, which may be requested of applicants.
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.
Fees for medical examinations and vaccinations: These costs differ depending on the provider if necessary.
Travel and Accommodation Fees: These cover the cost of traveling to a U.S. Embassy or Consulate for the visa interview as well as lodging there should the visa be approved.
SEVIS Fee: This is applicable to anyone seeking for a F or J visa for study or exchange programs, but it is not necessary for H1B visas.
It’s crucial to remember that expenses are subject to change, and the USCIS may adjust prices. For the most up-to-date information, sponsors and applicants should check the USCIS official website for the most recent fees or speak with an immigration attorney. Furthermore, the employer, not the employee, is obligated by law to pay the petition fees for an H1B visa. This is to make sure that employing foreign labor doesn’t end up being less expensive than hiring Americans.
How long does it take to process the H1B Visa once it is applied for?
The amount of work at the USCIS service center where the petition is filed, the completeness and quality of the petition, and whether the employer has chosen premium processing are some of the variables that might affect how long it takes to process an H1B visa. This is an overview in general:
Regular Processing:
The typical processing period is between two and six months. However, this might vary greatly based on the amount of applications that USCIS receives and other variables that impact their workload.
Premium Processing:
Employers who prefer premium processing might opt for it for an extra $2,500. With this service, you may be sure that the petition will be processed by USCIS in 15 calendar days. USCIS will reimburse the premium processing charge in the event that they miss this deadline while still processing the petition quickly.
Things Influencing the Processing Time:
- Service Center Workload: Depending on their workload, various USCIS service centers may have varying processing timelines.
- Request for Evidence (RFE): Processing times will increase if USCIS issues an RFE. When the extra paperwork is received, the clock on the initial processing time pauses.
- Accuracy of the Application: Applications that are incomplete or inaccurate may be denied or delayed, which could prolong the processing period.
- Visa Cap: Only during the H1B filing season, which opens on April 1st, may an application be submitted if it is subject to the yearly cap. Processing of the application will start once the petitions are chosen through lottery.
After Visa Approval:
The applicant must apply for the visa at a U.S. Embassy or Consulate in their native country when the H1B visa petition is granted. Appointment times may differ, and the consulate’s visa processing procedure normally takes a few days to a few weeks.
As processing periods might vary, applicants and employers should check the USCIS website for the most recent information. For the most recent and comprehensive information about specific circumstances, it is also advised to speak with an immigration attorney or other professional.
The amount of work at the USCIS service center where the petition is filed, the completeness and quality of the petition, and whether the employer has chosen premium processing are some of the variables that might affect how long it takes to process an H1B visa. This is an overview in general:
Regular Processing:
The typical processing period is between two and six months. However, this might vary greatly based on the amount of applications that USCIS receives and other variables that impact their workload.
Premium Processing:
Employers who prefer premium processing might opt for it for an extra $2,500. With this service, you may be sure that the petition will be processed by USCIS in 15 calendar days. USCIS will reimburse the premium processing charge in the event that they miss this deadline while still processing the petition quickly.
Things Influencing the Processing Time:
- Service Center Workload: Depending on their workload, various USCIS service centers may have varying processing timelines.
- Request for Evidence (RFE): Processing times will increase if USCIS issues an RFE. When the extra paperwork is received, the clock on the initial processing time pauses.
- Accuracy of the Application: Applications that are incomplete or inaccurate may be denied or delayed, which could prolong the processing period.
- Visa Cap: Only during the H1B filing season, which opens on April 1st, may an application be submitted if it is subject to the yearly cap. Processing of the application will start once the petitions are chosen through lottery.
After Visa Approval:
The applicant must apply for the visa at a U.S. Embassy or Consulate in their native country when the H1B visa petition is granted. Appointment times may differ, and the consulate’s visa processing procedure normally takes a few days to a few weeks.
As processing periods might vary, applicants and employers should check the USCIS website for the most recent information. For the most recent and comprehensive information about specific circumstances, it is also advised to speak with an immigration attorney or other professional.
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