1. What is an H-1B visa?

An H-1B visa is a non-immigrant visa that allows foreign nationals to work in the United States for a designated period of time in specialty occupations that require at least a bachelor’s degree or equivalent in a specialized field. The visa is generally valid for up to three years, but may be extended for an additional three years. In some cases, an H-1B visa holder may be eligible to apply for permanent residency in the U.S.

2. Who is eligible to apply for an H-1B visa?

The H-1B visa is a temporary work visa for individuals with at least a bachelor’s degree in a specialized field. The employer must prove that the job position requires a qualified individual with at least a bachelor’s degree and the individual must possess the appropriate qualifications and experience to perform the duties of the job. In addition, the H-1B visa is available to individuals on a temporary basis, meaning they are only allowed to stay in the US for up to six years.

3. What are the requirements for an H-1B visa?

In order to qualify for an H-1B visa, applicants must meet the following criteria:

1. Have a valid passport from their home country.
2. Have a job offer from a U.S. employer requiring specialized knowledge or skills.
3. Have at least a bachelor’s degree or its equivalent in experience in their chosen field of work.
4. Have a permanent, full-time position with the sponsoring employer in the United States.
5. Be paid the prevailing wage for their occupation in the geographical area where they will be working.
6. Have a labor certification approved by the U.S. Department of Labor (DOL).
7. Be willing to work for only the sponsoring employer for the duration of the visa period.

4. How long can an individual remain in the United States through an H-1B visa?

The duration of an individual’s stay in the United States through an H-1B visa can be up to a maximum of six years. In some cases, an extension can be granted, allowing for up to a total of ten years.

5. How long does it take to process an H-1B visa?

The processing time for an H-1B visa varies depending on the type of application and the workload of the United States Citizenship and Immigration Services (USCIS). Generally, processing times range from 3 to 6 months from the time the application is filed.

6. What is considered a “specialty occupation” for H-1B visa purposes?

A specialty occupation for H-1B visa purposes is an occupation that requires the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. Examples of specialty occupations include architects, engineers, computer scientists, physicians, and college professors.

7. Can I change employers while I am in the US on an H-1B visa?

Yes, however, you must find another employer who is willing to sponsor a new H-1B petition on your behalf. Depending on your situation, you may also need to return to your home country in order to obtain a new visa before you can begin working for the new employer.

8. Can I extend my stay in the US after my current H-1B visa expires?

Yes, you can. You can extend the current H-1B visa by filing an application with the US Citizenship and Immigration Services (USCIS). Additionally, you may be eligible for an extension of stay under the same H-1B status. However, it’s important to note that you may only extend your H-1B visa if you can demonstrate that you have maintained your nonimmigrant status continuously and that you remain a bona fide nonimmigrant.

9. Can I work part-time while in the US on an H-1B visa?

Yes, you can work part-time while in the US on an H-1B visa. However, you must maintain your full-time job with your approved H-1B employer. Additionally, you must obtain permission from both employers before beginning any part-time work.

10. Is there a limit to how many H-1B visas can be issued each year?

Yes, there is an annual cap on the number of H-1B visas that can be issued each year. For fiscal year 2020, the cap was set at 85,000 visas, with 65,000 available for initial applicants and an additional 20,000 reserved for those who have earned a U.S. master’s degree or higher.

11. Does the employer have to pay a fee to obtain H-1B visas for its employees?

Yes, the employer must pay a fee for each H-1B visa application. The fee is currently $460. This fee covers the cost of processing the application. Additionally, an employer may be required to pay a number of additional fees, such as the “Premium Processing Fee” (currently an additional $1,410) and the “American Competitiveness and Workforce Improvement Act” (ACWIA) Fee (currently $750 for employers with 25 or fewer full-time employees, or $1,500 for employers with more than 25 full-time employees).

12. Are there any restrictions on the type of work that can be performed while in the US on an H-1B visa?

Yes, there are restrictions on the type of work that can be performed while in the US on an H-1B visa. Generally, the work must be “specialty occupation” which requires specialized knowledge and a higher level of education. Additionally, the work must be in a related field to the one in which the visa holder holds their degree. The employer must also offer wages and working conditions that are commensurate with those offered to US workers.

13. Can dependents or family members accompany someone who is in the US on an H-1B visa?

Yes, dependents or family members can accompany someone who is in the US on an H-1B visa. Dependents (spouse and children under the age of 21) of an H-1B visa holder may apply for H-4 visas. H-4 visas allow them to enter and live in the US while the H-1B visa holder works. However, H-4 visa holders are not allowed to work in the US.

14. Is there a minimum wage requirement for employees working in the US on an H-1B visa?

Yes, there is a minimum wage requirement for employees working in the US on an H-1B visa. The US Department of Labor requires that H-1B employers pay their nonimmigrant workers the average wage for the occupation in the geographic area in which the work is performed, or the actual wage paid to other employees with similar qualifications and experience, whichever is higher.

15. Do I need a local address to apply for an H-1B visa?

Yes, you must have a valid U.S. address to apply for an H-1B visa. The address will be used to send the visa packet and other documents related to the application.

16. Can I change my status while in the US from an H-1B visa to a different type of visa?

Yes, it is possible to change from an H-1B visa to a different type of visa while in the US. However, you must apply for the new visa at a US Embassy or Consulate abroad. You cannot legally stay in the US while changing your status.

17. What types of documents are necessary to support an application for an H-1B visa?

The documents necessary to support an application for an H-1B visa include:
* A valid passport
* Completed I-129 form
* Form I-129H Supplement B
* Evidence of employer/employee relationship (letter from employer, contracts, etc.)
* Proof of employee’s qualifications (diplomas, transcripts, certifications, etc.)
* Evidence of sufficient wages to be paid to the employee
* Labor condition application (LCA) from the Department of Labor (DOL)
* Supporting documents for specialty occupation (job description, job advertisements, etc.)
* Evidence of employee’s legal status in home country, if applicable

18. Can I work with more than one employer while in the US on an H-1B visa?

Yes, you can work with more than one employer while in the US on an H-1B visa. However, each employer will need to file a separate Petition for a Nonimmigrant Worker for you and receive approval from USCIS before you can begin working for them. Additionally, you may also be required to obtain multiple visas and multiple I-94 documents if your employers are located in different states.

19. Are there any restrictions on what kind of jobs or companies I can work for while in the US on an H-1B visa?

Yes, there are restrictions on what kind of jobs and companies you can work for while in the US on an H-1B visa. Generally, the job you are seeking must require a higher level of specialized knowledge than most jobs, and must require a Bachelor’s degree or higher in a specific field. Additionally, your employer must be either a U.S. employer or a foreign employer with a U.S. office. Finally, the employer must be willing to pay you the prevailing wage for that position.

20. Are there any limits to how many times I can renew my H-1B visa?

Yes, you are generally limited to renewing your H-1B visa a maximum of six times. After the sixth time, you will need to apply for a new H-1B visa if you intend to remain in the US. It is important to note that the six-year limit does not necessarily mean you have six years of work authorization in the US. Your employer must file a PERM application with the Department of Labor in order for you to remain in the US beyond six years.