Applying for an H-1B visa is one of the best ways to choose when planning to shift to the USA for the long term from India. However, more applicants than the available quota make the selection difficult.  

The United States has been a dream location to work for a long time now. The place is a hub of brands working globally. 

Hence, if you are also an individual who has a dream to work in the USA, then this blog post is right for you. 

One of the basic things required to shift to your dream location, the USA, is an H-1B visa. The H-1B Visa USA allows a US employer to temporarily employee foreign workers every year. This visa would be a kind of entry pass to enter the USA land. 

In this blog, we will discuss everything on how you can get an H-1B visa USA from India, its eligibility criteria, and the process.

H-1B Visa Requirements: 

To get an H-1B visa  you need to fulfil the below-mentioned requirements.

• Profession supported by advanced education that includes a four years advanced degree or an equivalent degree and a Master's or a doctoral degree.
• Advanced vocational skills like modelling.
• Selected for R&D in defence or government positions.

To qualify for an H-1B visa, you must be selected for an advanced job that an American cannot fill to qualify like in the fields of engineering, biological, physical, social sciences, mathematics, and business administration. Also, this visa can only be initiated by the employer from the USA and not by the immigrant.

However, there are certain requirements to become eligible for an H-1B visa.

What are the requirements to become eligible for an H-1B visa USA?

Educational qualifications, deep knowledge, and the requirement of relevant personnel are touted among key parameters to become eligible for an H-1B visa.

• Candidates must have a bachelor's degree, master's degree, or a foreign equivalent.
• Deep expertise in the applied field
• There must be a need for trained professionals in the USA for the specialized occupation.
• The employer must prove the lack of trained personnel in the USA.

Even when all these requirements have been met, there is a comprehensive process to apply for an H-1B visa.

Process to apply for an  H-1B Visa in USA

To get into the detailing of an H-1B visa, you need to follow a comprehensive process. 

Read on to know more about the H1B Visa process:

Find an employer ready to be your H-1B Sponsor

H-1B USA visa can only be initiated by an employer ready to sponsor you. So, to enter the USA with a job visa, you must find employment with a US employer who will be willing to sponsor you.

When searching for a job in the USA, make sure to discuss with your recruiter that you will need H-1B visa sponsorship.

Submission of Labor Conditions Approval (LCA)

After you are hired, your employer must file an LCA with the Department of Labor (DOL). The LCA can be filed electronically through the iCERT Portal System. Your employer will have to provide details like remuneration, working conditions, location, etc.

Moreover, your employer must mention and ensure that hiring you won't impact others with similar employment. Additionally, your pay decided by the company should be above or matching the minimum pay requirement in the geographical area.

Submission of form I-129

I-129 is a petition for nonimmigrant workers and needs filing after the LCA form is approved. Here are the documents and other obligatory items that you need to submit for I-129 approval.

• I-129 position fees 
• New employees resume
• Employment agreement
• Proof of education of the new employee
• Experience evaluation
• Professional membership documents
• Training certificates
• Other filing documents
• Letter of support

This part of the US visa application can take up to three months. However, by paying additional premium fees, you can go for an accelerated process that takes less time.

Completion of H-1B application at the US consulate or embassy 

Once you complete other US visa immigration requirements, the last step is to visit a local embassy or consulate and process the visa. This process generally takes two to three days but can vary according to the location.

Along with processing the visa, there are some other documents that you need to submit.

• Filing of the DS-160 form
• Scheduling the US visa interview
• Payment of H-1B  visa fees
• Submission of US visa documents
• Giving H-1B  US visa interview

Going through the lottery process

Generally, there are more applications than the actual visa cap. To go unbiasedly through the process, a computerized lottery system is in place.

Whenever there are more applicants than the visa quota, USCIS holds the lottery process.

If you don't get selected in the lottery system, you will get the visa fee back and can reapply for the next year. However, you will have to go through the lottery process again.

Talking about visa fees, there are a lot of fee components to be paid by both the employer and the candidate. 

What's the fee structure for obtaining the H-1B Visa US?

The employer who accepts to sponsor the candidate has to pay most of the fees. The only exception is the Premium processing fees that reduce the waiting time.

Here's the total fee you must pay to apply for a US work visa.

• ACWIA Fees (an employer with 1-25 full-time employees) - $750
• ACWIA Fees (an employer with over 26 full-time employees) - $1500
• Fraud prevention and detection fees - $500
• Optional premium fees (to be paid by candidate) - $1,225

Making it crucial that the candidate pays the premium fees with his consent, an employer must provide proof of free will. This rule is necessary to safeguard and prevent the interest of candidates.

Since this fee component cuts down the waiting time, most candidates end up paying premium fees anyway. 

But, even if you have paid your fees and completed the documentation, your application might get rejected due to various reasons.

What if your visa application gets denied?

It's important that your employer must be financially able to pay your fees. Though, there would be certain reasons why a US work visa might get canceled. 

Let's look at these reasons in depth: 

• Employer is fake
• No relationship between the employer and the candidate
• The employer can't pay the requisite fees
• The candidate doesn't possess the required qualifications
• You don't get selected from the lottery pool

In either of these cases, you'll get your visa fees back and you can reapply next year. But, when you reapply for your visa you will again have to go through the lottery process.

Get Expert Help 

While the H-1B visa is the most attractive and efficient way of shifting to the USA, it's easier said than done. There are a lot of formalities to be completed. A slight error in the documentation can cause unnecessary delays. 
In such a case, you should hire one of the best H-1B visa consultants in Hyderabad to complete the procedure.