Eligibility Criteria For US H1B Visa
Eligibility Criteria For US H1B Visa

According to research, employment opportunities in the USA are projected to increase by 10 percent in coming years. 

It is a desire of many to work in the US and have an unforgettable lifetime experience. It has been noticed that there has been a rise in the number of applicants applying for their visas. 

Mostly, it might be a tedious and time consuming process. But does that mean you have to face the same? To not meet much difficulty while applying for your visa, read thoroughly to get guided well about the credentials required to work in the USA.

Note: For working in the US, you must apply for an H1B visa.

What Is An H1B visa?

An H1B visa is provided to the ones with specialized skills or knowledge in their field or profession. H1B visa in the USA is an employment-based visa which is temporary in nature. 

Unlike other visas, this one must be sponsored by an employer, who must also submit a petition for the visa with the US Immigration Department in accordance with the Immigration and Nationality Act.

While researching for jobs in the USA, you should focus on visa sponsorship job opportunities in the USA

Now that you know about the H1B visa, your eligibility becomes a primary concern in your USA visa application

H1B Visa in USA: Eligibility 

The proposed position must call for a professional's abilities and services, and the applicant must possess the credentials needed to fill it.

  • A bachelor's degree in the proposed employment field is the minimal educational requirement for an H-1B visa. 
  • For the H-1B application to be approved, the nonimmigrant employee must possess the necessary degree or its equivalent.

Once you are eligible, the next step will call for your H1B US visa requirements.

H1B Visa in USA: Requirements

  1. Theoretical and practical application of a body of specific knowledge is necessary for specialty employment.
  2. Most positions have a minimum qualification of a bachelor's degree or higher, or its equivalent, from an approved college or university.
  3. If the offered position can be classified as a specialty occupation and the applicant is qualified to provide the services, USCIS will assess this.
  4. The applicant's employer must have the US Department of Labor's approval for a Labor Condition Application (LCA).
  5. LCA contains the terms and conditions of the applicant's employment contract.
  6. Candidates must have a current passport and show up for the US visa interview and meet the US visa interview questions at the closest US consulate in the applicant's country.
  7. Be quite clear about why you are coming to the US: you must be there to work and make money; you must not be there for leisure activities or to provide humanitarian aid. And, that’s how you get a work visa in the USA.
girl in red checked shirt smiling with file folders

A point to note: You are not permitted to apply for an H-1B visa, but a US employer who wants to hire you will submit an H-1B petition to USCIS on your behalf. This employer is known as the H1B Sponsor. Hence, application for H1B visa can only be made for sponsorship jobs in the USA.

Also, according to the United States Citizenship and Immigration Services, this year’s  H-1B visa registration procedure will start on March 9 and go until March 25.

Now let’s see how the application process works;

Firstly you need to file a petition;

A H-1B petition is processed via the following:

  1. H1B Visa Labor Certification

The Form I-129, Petition for Nonimmigrant Worker, and the Form ETA-9035, Labor Condition Application, must be submitted by the prospective employer together. LCAs have to be electronically submitted using the ICERT website.

  1. Submitting A Petition To USCIS For An H-1B Visa

The employer must submit the DOL-certified LCA along with the USCIS Form I-129, filing fee, and other supporting documentation to the USCIS.

  1. Application For Admission For A Visa

Once Form I-129 has been accepted, you can, if necessary, submit an application for an H-1B visa at a US embassy or consulate abroad.

Now, coming to the main part of your USA visa application form, the documents; 

The USA Visa Documents Required For Employment 

The following is a list of the documentation needed for an Indian H-1B visa:

  • Passport photocopy
  • A copy of your diploma, certificate, or transcripts from school
  • Letter confirming current employment
  • A copy of your most recent appointment or resume
  • Approval of a labor certificate (LCA)
  • Paper tax returns for the business
  • A replica of the correspondence you got from the Justice Department
  • A duplicate of the letter delivered to the Indian Consulate's consular general
  • Detailed explanation of duties at the sponsoring US corporation
  • A replica of a valid or temporary US license
  • Resume with references to certifications
  • Demand drafts for issuance and processing fees
  • 2 to 3 colored passport-size photos
  • Copies of birth certificates and marriage certificates for family members who are dependent.

Now that you know everything, let’s also highlight your certain concerns below;

  1. Can the spouse of an H1B visa get a work permit?

Yes, Spouses of H-1B visa holders are eligible to work or launch a business in the US as long as the visa is in effect.

  1. What are the advantages that the foreigners’ get with the H1B Visa?
  • Throughout your lifetime, you are permitted to submit as many H-1B visa applications as you require.
  • Holders of H-1B visas may apply for a Green Card or other form of legal permanent residency for both themselves and their families.
  • If an H-1B cardholder's work is terminated before the end of the agreed-upon employment period, the employer is liable for paying a reasonable amount of the cost of the cardholder's transportation back to his or her home country.
  1. What are the US visa types applied for mostly?

Apart from the H1B visa, it is also noticed that the EB1, EB2, Tourist  and Student US Visa Types are allegedly applied for.

  1. When is the next US Visa appointment in Hyderabad?

Beginning in September 2022, the American Embassy in India will once again process appointments for ordinary in-person B1/B2 visas. Appointments for 2022 and 2023 are getting quickly filled up, slots are opened up as capacity permits. Please be aware that these appointments are not placeholders.

Now that you are guided well with the whereabouts of the H1B visa, there still remains this underlying problem and help you understand how the process can be further smoothened. 

Work Permitz, h1b visa consultants in Hyderabad help you go through the h1b visa  process. So, now that you are provided with your aid, what are you waiting for? Apply for your US visa now.

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