US Immigration News

How to Get the H-1B Visa for Employment in the US

1.75 minute read
"Do you have an employment offer from a US-based employer? An H-1B Visa grants you temporary residence in the US to work in a specialty occupation. The specialty occupation could be services of exceptional merit, an international fashion model, cooperative research, etc. The employer must demonstrate a clear employer-employee relationship."
Written by My Visa Source Team
Published on:  Aug 25, 2021
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Do you have an employment offer from a US-based employer? An H-1B Visa grants you temporary residence in the US to work in a specialty occupation. The specialty occupation could be services of exceptional merit, an international fashion model, cooperative research, etc. The employer must demonstrate a clear employer-employee relationship. 

An H-1B visa could be your ticket to building a life in the US. It is an employment-based visa offered to skilled foreign workers with specialized skills who can fill the positions for which US workers are not available. 

What Are the Requirements for the H-1B Visa?

A labor condition application is required from the employer, along with a Form ETA 9035 (Labor Condition Application for Nonimmigrant Workers) with the Form I-129 (Petition for nonimmigrant worker) to apply for an H-1B Visa. The dependent family members of an H-1B Visa holder can apply for the H-4 Nonimmigrant Visa that will allow them to accompany the H-1B Visa holder. 

The applicant will be required to meet the following requirements:

  • At least a Bachelor’s degree or a foreign equivalent 

  • An occupation that requires at least a Bachelor’s degree

  • Local and state registrations and certifications to practice the occupation in the US

How Does the Process for the H-1B Visa Work?

The US employer is required to initiate the process by sponsoring your H-1B Visa and pay your visa application fee and provide the required documents as stated by the US Citizenship and Immigration Service (USCIS). This process includes the following steps:

  • Finding an employer to sponsor your H-1B Visa by hiring you

  • Employer files a petition to sponsor the H-1B Visa and provides all the required documents with the details of your employment

  • The State Employment Security Agency evaluates the remuneration offered by your employer to ensure that is according to the current wage rate for your occupation in that particular geographical area

  • Employer files an application for an H-1B Visa on your behalf to the USCIS

The processing time for your H-1B Visa varies according to your location.

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