What is H1B Visa

The H1B Visa is a US non-immigrant visa. It allows employers US to hire foreign workers in specialty occupations.

According to USCIS, specialty occupation is defined as follows,

A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

Requirements to Get H1B Visa

In order to get H1B Visa, both employer and employee have to meet minimum set of requirements.

Employer/Job Requirements

• Job posted should requires Bachelors degree or higher degree.
• Nature of the duty should come under specialty occupation

Employee Requirements

• Should have completed Bachelors or higher degree that from U.S. colleges or hold foreign degree that is equivalent to degrees from U.S. schools.
• Should have education, training, skills set to effectively perform the specialty occupation job duties.

How to Obtain H1B Visa - Application Process

In given fiscal year, there are 65,000 H1B Visa under General Category and 20,000 under Advanced degree category. For an employer to apply for H1B Visa, quota numbers should be available. Right now, USCIS is still accepting H1B Visa 2011.

Following steps have to completed in order for an emploer to sponsor H1B Visa petition

1. Employers gets labor certitifcation from Department of labor for the speciality occupation.
2. Employer/Employers attorney submits H1B Visa petition to USCIS.
3. If employee is located with USA, depending on current visa status, they maybe eligine to work for the emploer as soon as application is submitted.
4. If the employee is located outside U.S. then they have to attend U.S. Visa interview and travel to U.S.

Validity of H1B Visa

H1B Visa is usually issued for 3 year period and employer can extend for additional 3 years for a total of 6 years. IF employer is sponsoring Green Card for the employee, then there is option to extend H1B Visa for 1 to 3 year period, till employee gets Green Card.