The H-1B Visa: Facts, Requirements, Processes

The US H-1B visa is a non-immigrant visa that allows US companies to temporarily hire foreign employees, especially in businesses. A specialized occupation requires specialized knowledge and a bachelor's degree or equivalent work experience in areas such as information technology (IT), finance, accounting, architecture, engineering, mathematics, science, medicine, etc.

How does an H1B Visa Work?

The H1B visa is a work visa, for which the applicant must be sponsored by a US employer to apply. Therefore, someone who wants to enter the US via an H1B visa needs to get employment from a US employer who is ready to sponsor you in the US.

Benefits under H1B Visa

A successful H1B application, visa stamp, and work permit allow skilled individuals to:

  • Get a social security number
  • Apply for state ID or driving license
  • · open a bank account
  • Buy or rent a car
  • Rent or own property

How long is an H1B visa good for?
 
A worker with an H-1B visa can stay in the US for six years. It is initially for three years but can be extended for an additional three years.
 
How to apply for H1B visa?
 
Here is a step-by-step guide:

Step 1: Get a digital photo and application form
 
After receiving the digital photo, fill the H1B visa application (Form DS160) online. You can complete the application on the US Department of State website. (https://ceac.state.gov/GENNIV/default.aspx)
 
After completing the application, you will receive a confirmation with a 10-digit barcode. Take a printout of this page. This will be needed to set up visa interview appointments.
 
Step 3: Pay the H1B application fee
 
Step 4: Take an appointment for an H1B visa interview
 
After paying the fee, you will have to schedule 2 appointments as part of the H1B visa process. The two-part appointment process consists of an appointment with one of the five offsite facilitation centers (OFC) to provide biometrics information that includes fingerprinting and photographs, and one with the consulate or embassy for a personal visa interview. An appointment takes place.

Step 5: US Visa Finger-Printing
 
After making an appointment with the consulate or embassy for a personal interview, schedule a fingerprint appointment at least one or two days before the interview at the consulate.

Step 6: Go for a visa interview at the US Consulate
 
How does the H1B Visa Quota System Work?
 
Every October 1, USCIS provides a fixed number of H-1B visas for the following 12 months.
 
The quota for the financial year 2020 is 65,000. There is also a quota of 20,000 for US master's degree holders, effectively making the quota 85,000.
 
You can apply for an H-1B visa 6 months before the requested start date. For example, you can file for a start date of 10/1/2019 on 4/1/2019.
 
Note that H-1B visa holders are not subject to the quota when applying for transfer to another company or by extension with the same company.

H1B Visa FAQ
 
1. Can H1B Visa holders apply for Green Card?
 
Yes. The H1B visa is a dual-intent visa, meaning that those who hold it are eligible for permanent residency by applying for a green card. There are difficulties in applying for a green card after your H1B visa expires.
 
What is a green card?
 
A green card is a permit that allows a non-citizen to live and work in the US permanently.
 
Individuals from other countries who enter, live and work in the US for many years and eventually receive a green card are considered permanent residents. Unlike H-1B, green card permits do not require renewal.
 
Green card holders can live and work in the US as long as they want. They can travel independently within and outside the country and do not need to be sponsored by an employer to maintain their legal permanent residency.

2. What is the minimum H1B salary?
 
The Donald Trump administration in the US is considering a proposal to require companies to pay an annual minimum wage of $ 150,000 to $ 250,000 or more in H-1B status based on job title and location. However, there is no such rule as yet.
 
3. What is the visa application fee?
 
The visa application processing fee is $ 190. It is non-refundable.
 
4. Can I get married in the US on an H1B visa?
 
Marriage with a US citizen or US permanent resident allows an H1B holder to apply for immigrant status by obtaining a 'green card through the family'. When you have H1B eligible employment in the US, you can live in the country with your spouse during the application process for a green card.
 
Fiancee Visa: As the holder of an H1B visa, your fiancé (e) may be able to use a B2 visa to get married in the US. However, the certificate-issuing embassy or consulate and immigration authorities will require that your fiancé (e) intend to return home after marriage.

5. How long can a HIB visa holder stay without a job?
 
H1B visa holders can stay in the US for 60 days if they lose their H1B job.
 
6. I would like to work in America. Can I apply for an H-1B visa without an employer?
 
No, you must have a valid job offer from a US company or organization.
 
7. I have an Associates's (2 years) degree and two years of work experience as an analyst. Am I eligible for an H1B visa?
 
No. You must have at least a US Bachelor's (4-year) degree or its equivalent.
 
Three years of work experience is equivalent to one year of university. Therefore, if you have six years of work experience and two years of college, you can qualify.

The degree and work experience should be directly relevant to your job title.
 
8. Do H1B visa holders have to pay tax?
 
An H1B visa holder is subject to withholding of Social Security (FICA) tax as well as federal and state income tax. H1B visa holders are taxed as "resident aliens" on their worldwide income and can claim deductions for family members.

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