Overview

The H1B visa is a non-immigrant visa that allows temporary workers to work in a speciality occupation for companies in the United States. A professional job offer from a U.S. business is the basis for an H1B petition. As a fundamental prerequisite for accepting the position on offer, the employer must demonstrate the need for a speciality worker. If the employee is based outside of the United States, they must apply for an H1B visa.

Requirements

The H1-B visa is intended for workers in specialized occupations in the United States. To be classified as a speciality occupation, the employer must match one of the following criteria:

  • An employee must have a job offer from a U.S. firm for an appropriate role and meet at least one of the standards below.
  • A bachelor's /master’s degree from a recognized educational institution is required.
  • Must hold an unrestricted state license to work in a speciality occupation in the United States.
  • The employee's suitability for the position can be determined by their education and experience in the specialty.

Supporting Documents

  • Diplomas, degrees, training, and other evidence for that speciality occupation.
  • Keep copies and papers that will document the contract between the employer and the employee.
  • Certificates or affidavits from current and prior employers attesting to the employee's ability and recognition in that occupation.
  • Proper paperwork proving that the petitioner is a legitimate U.S. employer.
  • To have a clear employer-employee connection, adequate documentation must be established.
  • A proper job offer letter.

Validity

A three-year H1B visa is valid and can be renewed for another three years. An H1B visa's overall validity is limited to six years.

Individual visa holders can extend the validity of their H-1B visa by filing an EB-1, EB-2, or EB-3 petition before the fifth year expires. In this case, the candidate should continue to work for the same company. If the candidate changes companies, the process must be restarted.

A Labor Condition Application (LCA) is another requirement of the H1B programme, ensuring that foreign employees have equal access to opportunities, remuneration, and working conditions. A certified Labor Condition Application (LCA) Form ETA 9035 must be obtained by H1B businesses.

How can we help you

Filing an H1B application can be a challenging undertaking. Work Permit will make sure that your application is filed correctly and securely until it reaches the desk of an immigration officer.