Everything You Need To Know About the H1B Visa

What is that one US visa that acts as the gateway to the US for many high-skilled professionals? What is that one US visa that was introduced in the 1990s and has been at the center of all US legal immigration issues? You guessed it right. It’s the H1B Visa.

In this blog post, we cover everything you need to know about the H1b visa, from the H1b lottery, eligibility, to green card options. And now, let’s get started.

What is the H-1B Visa?

The H-1B visa is a non-immigrant visa that enables U.S. employers to hire foreign workers in specialty occupations, such as engineering, computer science, finance, medicine, and other fields. Think of it as a temporary work permit that allows you to contribute your skills and expertise to the American workforce.

But why do American companies need foreign workers?

You’ll be tempted to say that because it’s cheap labor. Actually, that’s not the case. In reality, American companies need foreign workers because they’ve realized that most Americans do not have the skills required to do those jobs

Types of H-1B Visas

There's just one type of H-1B visa, but there are two ways to obtain it:

• Regular H-1B Cap Petition: This is the traditional route, where the employer files a petition with USCIS on your behalf. This process involves 2 steps. They first need to add your name to a yearly lottery, and if your name is selected in the lottery, then they must file for your petition with USCIS. More about the H1b Lottery later. 
  

• H-1B Cap-Exempt: The Secret Weapon- Not everyone has to play the lottery! Certain employers, like universities, research institutions, and non-profit organizations, are exempt from the H-1B cap, meaning their petitions get priority processing. This means their petitions are processed outside the lottery system.  
  

We have a detailed blog post on this, the institutions that qualify, how to apply, etc, so we’re linking it here, and we will leave it in the description too.

Eligibility: Ticking the Boxes for Visa Victory

To qualify for the H-1B visa, you need to meet a few key criteria:

• Education: Possess a bachelor's degree or its equivalent in a specialty occupation.

• Work Experience: Demonstrate relevant work experience in your field (optional, but highly recommended).

• Prevailing Wage: Your employer must be willing to pay you the prevailing wage for your occupation and location. This prevailing wage is set by the DOL.

• Specialty Occupation: Your job must be considered a specialty occupation by the U.S. Department of Labor (DOL).

  
  

The H-1B Lottery: Navigating the Odds

Unfortunately, the H-1B visa process isn't as simple as meeting the criteria. Each year, only 85000 new H1B visas are allotted, out of which 20000 are set aside for Master's Students. Since the number of people who want the H1b visas is way higher than the number of visas available, there is a lottery that is conducted each year. The lottery registration usually starts on March 1 and goes on for 15-20 days, during which companies register for the candidates they want to hire on H1B visas. The results of this lottery are usually announced by the end of March or the first week of April. 

A few other things that you should keep in mind:

• Target the Right Employer: Choose companies with a strong track record of sponsoring H-1B visas and a genuine need for your skills.

• Early Preparation is Key: Gather all your documents well in advance and ensure your petition is error-free.

• Seek Expert Help: Consider consulting an immigration attorney to navigate the complexities of the application process. Most good companies will take care of this

• Increase Your Chances: Explore options like applying under the H-1B Masters Cap exemption, demonstrating exceptional ability, or seeking employment with cap-exempt employers.
  

Timelines: From Petition to Passport (and Beyond!)

The H-1B visa process has several stages, and understanding the timelines is crucial. Here's a breakdown:

• March 1: H1B Lottery Registration Open

• March End; April First Week: Lottery Results are announced

• June - September: Companies file final petition using form I-129; USCIS processing and approval.

• October 1st: Visa issuance for successful applicants.
  

Green Card Goals: From H-1B to Permanent Resident?

While the H-1B is a temporary visa, it can be a stepping stone to permanent residency in the US, or what we call the Green Card. Those on H1B visas usually have the option and are eligible to apply for Employment-Based Green Cards, which have 5 categories, but most Green card petitions for green card holders are made under only 2 categories, i.e., EB2 and EB3. We’ll be creating a separate video on all the Employment-Based Green Cards. So don’t forget to subscribe to our channel. 

Spouse and Children of H1B Visa Holders

Spouses and children under the age of 21 of H1B visa holders can accompany them to the US on an H4 visa. However, spouses cannot work in the US on an H4 visa. They can, however, apply for a work permit and work after the H1B visa holder’s Green card petition or I-140 is approved, and they are now in a queue for their Green Card.

Benefits of the H-1B Visa

• Dual Intent: You can apply for a green card while on an H-1B visa.

• Employer Dependence: You are not tied to the employer who sponsored your visa, unlike the L1 Visa. Remember, you can switch on H1B as long as you can find an employer that will sponsor your transfer.
  

Limitations of the H-1B Visa

• Lottery System: There is a lottery system for H-1B visas, making it competitive to obtain one.

• Limited Stay: H-1B visas are initially valid for three years, with the possibility of one three-year extension.

• Spouses can’t work: Spouses of H-1B visa holders can apply for an H-4 EAD or a work permit in the US only after the H-1 B visa holder’s green card petition is approved and they have an I-140, which can take a long time. 

  
  

  Common Questions

• Can I change companies on an H-1B? Yes, but your new employer must file a new petition for you.

• Can I get a green card on an H-1B? Yes, you can apply for a green card while on an H-1B visa, but the wait time will be long if you are an Indian applying for the EB-2 or EB-3 category. I have a detailed video on how to apply for EB1 through H1B., I have personally done it, so linking that in the description box

• When can I start working on my H1B visa? Typically, not before October 1st of the same year you apply, unless your employer is cap-exempt or you previously held an H1B visa.

• Can I travel outside the U.S. with an H1B visa? Yes, as long as your visa is valid and you have a valid job offer to return to.

• Do I need work experience? While not required, relevant work experience can strengthen your application. Generally, three years of experience is considered equivalent to one year of college education.

• What happens after six years? You must stay outside the US for one year before applying for another H-1B or moving to a new visa category. However, if you have secured an I-140, then you can continue to extend till your priority date becomes current

Conquer the H-1B and Make Your American Dream a Reality

Remember, this video provides a general overview of the visa. It is obviously extremely difficult to share everything about this visa in just a video, and therefore, we’re creating an entire series around this topic. So, please subscribe to our channel if you don’t want to miss out on any of those informative videos. Also, individual situations may vary, so please consult immigration professionals for personalized advice. 

And remember if things aren’t going your way, It’s Ok Yaar and they soon will. Until next time. Have A wonderful day.