- How To Apply H1 Visa For Usa From India
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How To Apply H1 Visa For Usa From India – The H-1B visa is a work permit that allows foreign workers to come to the United States and work for American companies. The foreigner typically works in a field that requires specialized knowledge, for which the employer cannot find a worker in the United States.
When applying for an H-1B visa, the applicant is sponsored by the hiring company. The employer pays the visa fees and provides the necessary documents on behalf of the applicant.
How To Apply H1 Visa For Usa From India
The visa, which is initially valid for three years, can be extended up to six years. Exemptions therefore also allow applicants to extend their visas further depending on the type of work being undertaken.
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You can apply for a new H-1B visa even after you return to your home country, but you will have to go through the same process as a new applicant.
The H-1B is one of the few visas offered by the United States that allows veterans to join the visa holder for the duration of their stay in the United States. To do this, dependent dependents (spouses and unmarried children under the age of 21) must apply for an H4 visa.
H4 visa holders can go to school, open bank accounts, get a driver’s license and even get a social security number. They can also legally work in the United States after applying for a Worker’s Authorization Document.
The United States Citizenship and Immigration Services (USCIS), which administers the country’s immigration laws, defines a specialty occupation as one in which “the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually obtaining a bachelor’s degree or higher.”
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1. Finding a sponsor: The H-1B visa requires the applicant to be sponsored by an American company that will also apply on their behalf. Therefore, if you want to enter the United States with the help of an H-1B visa, you will need to find a job where the company is willing to sponsor you in the country.
2. Approval of Labor Conditions (LCA): After you have taken the job, the employer will then start the application process. The first step is to submit the LCA to the Department of Labor (DOL) online using the iCERT Portal System.
In an LCA, the employer will prove to the government that the employee will receive a salary that is either equal to, or exceeds the prevailing standards for the position in the geographic area where the work will be performed. The company also has to prove that the working conditions will not be harmful for any employee.
3. For I-129: Once the LCA is approved, the employer must file a petition for a Nonimmigrant Worker, for I-129. For this, employers are:
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4. Completing the application: After the application has been approved, the applicant must visit the US embassy or consulate in their home country to complete the process. This usually takes 2-3 days, depending on the location.
An H-1B visa is not cheap, but unfortunately, most of the cost is paid by the employer sponsoring the applicant. Generally, the processing fees are:
· Standard Filing Fee (Basic Filing): The standard (basic) H-1B filing fee for an I-129 petition is $460. This H-1B visa fee is also applicable for transfers, refilings, aendants, and renewals. Basically, this fee is due for each attachment that the I-129 is filed.
· ACWIA (Training) Fee: For employers with between 1-25 full-time employees, the Aerican Workforce and Cooperation Act Iproveent Fee is $750. For employers with 26 or more full-time employees, the fee is $1,500. Therefore, organizations from this education fee include non-profits affiliated with educational institutions, government research organizations, primary/secondary educational institutions, etc.
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· Fraud prevention & ap; Determination Fee: This $500 fee applies to new H-1B petitions or those changing employers. It exists to help USCIS deport people who plan to use this visa fraudulently. This H-1B visa fee is not required to extend with the sponsoring employer.
· Public Law Fee 114-113: This H-1B visa fee applies to companies with more than 50 employees, more than half of whom are on H-1B or L1 status. The additional fee for these companies is $4,000.
· Optional Fees: Preiu processing is an option available for those who wish to expedite the H-1B visa process. This service is provided by the Hoeland Security Department and guarantees a 15-day processing time. To use this feature, you will need to complete an I-907 with a fee of $1,440. Again, this is one of the optional visa fees. Another optional expense is to file a DS-160 as an H4 applicant’s dependent if the applicant is unsuccessful in applying.
When the number of visa applications exceeds the annual visa cap, USCIS uses a lottery system to randomly select the number of applicants allocated.
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The lottery is a computer-generated random selection process and was instituted in response to the high number of H-1B applications received annually that exceed visa quotas.
For those who hold an aster license, application is first made in a lottery pool with other aster applicants. After the visas are taken in that lottery pool, the remaining applicants who are not selected enter the general pool and go through that selection process again.
So, if you have a master’s degree, you will have two chances to be selected for a visa while those with only a bachelor’s degree will only enter the regular lottery pool.
In 2020, the cap on the regular H-1B pool was 65,000, and the cap for immigrant applicants was 20,000.
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If you are not selected in the H-1B lottery, then USCIS will return your petition as well as the filing fee. You can submit your application again next year; However, you will have the chance to choose like everyone else.
When the H1B visa expires, the holder can choose to return to their country of origin or apply for a green card to remain in the United States permanently.
Unlike all other visas, the H-1B visa is a ‘dual intent visa’, which means that the applicant can also apply for the visa with the intention of wanting to stay in the United States permanently. This allows the H-1B holder to apply for their green card while still holding an H1.
The application process for a green card begins with the sponsoring employer requesting their employee to convert the visa to green card status.
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They fill out the PER Labor certificate which must be approved by the Ministry of Labour. After the PER Labor Certification is approved, the employer must then file the Iigrant Petition for an Alien Worker, for I-140.
After completing the I-140, the applicant files for the I-485 to adjust their status from an H-1B visa holder to a green card holder.
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If you are currently in the United States on an F-1 student visa, you may be wondering about next steps and how to continue your US immigration journey after graduation.
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Many F-1 students choose to stay in the United States and begin their careers, due to the variety of job opportunities available. One way to start your career in the United States is to change your status from an F-1 to an H-1B work visa. The H-1B visa is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specific occupations. In this guide, we’ll cover how to apply for a change of status, the cost and timing of the H-1B visa, and more.
Changing status from an F-1 student visa to an H-1B work visa involves a multi-step process. Although each applicant’s situation may look a little different depending on their specific circumstances, here is a general outline of the process:
To change your status to an H-1B visa, you must receive a job offer from a US employer. The employer must be willing to sponsor you for the H-1B visa, which includes the costs and legal responsibilities on their part. The job must be classified as a skilled occupation, usually requiring a bachelor’s degree or higher.
Your prospective employer will need to file a Labor Status Application (LCA) with the US Department of Labor. The LCA describes job details, including job title, salary, location, and other terms. The employer must agree to pay you the prevailing wage for your job and location.
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Once the LCA is approved by the Department of Labor, your employer can file a Form I-129 (Petition for a Nonimmigrant Worker) with the United States Citizenship and Immigration Services (USCIS). This form contains information about your job, your qualifications, and your terms of employment.
Changing status from an F-1 visa to an H-1B visa comes with several government filing fees. The good news is that most of these costs will be covered