The US H1B Visa Process: A Comprehensive Guide For Indian Students

For Indian students aspiring to pursue their careers in the USA universities, the H1B visa presents a valuable opportunity to work in the country after completing their education. It is one of the most popular ways to work in the US and is a direct path to get a Green Card. However, the H1B visa process can be complex and daunting. In this comprehensive guide, I will walk you through the various steps involved in obtaining an H1B visa, from eligibility requirements to the application process.

Understanding the H1B Visa:

The H1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in spacialized areas like IT, finance, engineering, mathematics, science, medicine, etc. It is one of the most sought-after visas among international students due to its potential for long-term employment in the United States.

Eligibility Criteria:

To qualify for an H1B visa, you must meet the following criteria:

  • Have a job offer from a U.S. employer for a position that requires a specialized skill set.
  • Possess the necessary educational qualifications or relevant work experience for the job.
  • Your prospective employer must file a Labor Condition Application (LCA) with the Department of Labor and submit a Form I-129 (Petition for a Non-immigrant Worker) on your behalf.

Application Process:

Employer Sponsorship: Your prospective employer initiates the H1B visa process by sponsoring your application and filing a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS). They must file the necessary forms and provide supporting documents, including a job offer letter and proof of the company's financial standing.

Cap & Lottery System:  There is an annual cap on the number of H1B visas issued each year- typically 85,000 with 20,000 of those reserved for applicants holding MS degree or higher from US institution. Due to the high demand for H1B visas, the USCIS conducts a lottery to select the beneficiaries. Each year, a limited number of H1B visas are available, and the lottery system determines who gets selected.

Approval and Visa Issuance: If your petition is selected in the lottery, it undergoes further processing by USCIS. Upon approval, you can schedule a visa interview at the U.S. embassy or consulate in your home country. You'll need to provide additional documentation, undergo a medical examination, and attend an interview to obtain the visa.

Dual Intent: Unlike some other visas, the H1B is a dual-intent visa which means that H1B holders can legally seek permanent residency in the US while on a temporary work visa.

Validity of H1B visa: Three years, and individuals have the option to extend it for a maximum of six years. Upon expiration of the visa, foreign workers are required to either depart from the United States or secure a different visa status. Failure to comply with this requirement can result in the loss of legal status and potential deportation.

Cost of H1B visa to the Applicant and the sponsor:

The cost of an H1B visa can vary depending on a variety of factors like attorney fees, sponsoring company, and whether the employer chooses to expedite the processing of the petition using premium processing.  The basic costs set by USCIS are as follows:

For Sponsoring Employer:

  • Base filing fees- $460 for the I-129 petition.

  • American Competitiveness and Workforce Improvement Act (ACWIA) Fees- Employer with 1 to 25 full-time employees pay $750 while employers with 26 or more needs to pay $1500.

  • Fraud Prevention and Detection Fees- A $500 fee is required for new H1B applicant and for those changing employers.

  • Public Law 114-113 Fees: Employer with more than 50 employees, with more than 50% of the employees on H1B or L1 visa must pay an additional $4,000 for H1B petitions.

  • Other fees like optional premium processing fees ($2500), Immigrant Attorney Fees (Vary -$1000 to $3000), H1B Visa Issuance Fees (vary based on reciprocity paid by applicant).

For Applicant:

  • Visa application fees- $190 for the H1B visa

  • Visa Issuance Fees: Vary by country based on reciprocity

Important Considerations:

Best Time to apply: Early in the year before the US Govt’s fiscal year begins on Oct 1. January to March is the time to start preparing for the H1B petition. USCIS starts accepting petitions from 1st April.

Deadlines: It's crucial to adhere to all deadlines set by your employer and USCIS throughout the H1B visa process. Missing deadlines can result in delays or even denial of your application.

Processing time: The standard processing time for regular processing is 2 to 6 months and for Premium processing it is within 15 calendar days.

Legal Assistance: Consider seeking guidance from an immigration attorney or consultant to navigate the complexities of the H1B visa process. They can help ensure that your application is accurate, complete, and compliant with immigration laws.

Backup Plans: Given the uncertainty surrounding the H1B visa lottery, it's wise to have alternative plans in case your application is not selected. Explore other visa options or consider opportunities in your home country or elsewhere.

In conclusion, The H1B visa process is a crucial step for international students seeking employment opportunities in the USA. By adhering to deadlines, seeking legal assistance, and considering backup plans, applicants can position themselves effectively to pursue their career aspirations in the United States. Thorough preparation and careful attention to detail are key to maximizing the chances of securing an H1B visa and realizing professional goals in the USA.

 

Written by
Pallavi Patil
USA Counselor
Akshay Study Abroad Consultants