International students in the USA are allowed to work on-campus in the freshman year for 20 hours per week. From the second year you can apply for practical training- OPT or CPT. Both optional and curricular practical training either during or after graduation of your degree. The time period of staying back must not exceed 12 months and the role must be directly related to the field of your study. A common way to continue working post studying in the USA is to apply for the H1B visa.

More than 80,000 foreign nationals receive H-1B Visa every year. The selection process for H-1B Visa is highly competitive. The denial rates have constantly increased from 6% in 2015 to about 21% in 2020. However, as the demand for technology talent is rising, approval rates for H-1B Visas have been improving again. The approval rate in the quarter to June 2021 was 98.1%.

The H1B Visa program allows foreign nationals with speciality skills accepted in a specific job position to work in the USA. Some of these speciality occupations include: architecture, engineering, mathematics, medicines and health, law, physical sciences, arts, etc. This visa must be applied by an employer on behalf of the specialist employee. One must fulfil the following conditions to be eligible for an H1B work visa for the USA.

• H1B visa is also referred to as Person in Speciality Occupation Visa. Check out some speciality occupations, here.
• Since the visa is granted to specialists, typically applicants hold at least a 4-year Bachelor’s degree.
• Possessing a Masters degree.
• Having advanced training or vocational skills (examples include fashion models) also makes you eligible for the visa.
• Or 12 years work experience
• Or a mix of education and work experience
• Qualifying to work in R&D projects of the US Department of Defense or other government positions

Depending on which of the above criteria you fulfill, there are different types of H1B visa you can apply for.

With an H1B work visa, you can live and work in the USA, extend your stay, change your employers during H1B status and stay with your dependent spouse & children (under the age 21). The families of H-1B Visa holders also enjoy the privilege of H-4 dependent visas. This allows them to live as well as work in the US for as long as their sponsor’s H-1B visa is valid.

H1B visas are awarded on a point-based system. Those applying for the work visa are offered points on the following basis:

• 3 points for every 1 year of college studies
• 1 point for every 1 year of work experience

With a minimum score of 12 points, your H1B petition can then be prepared

H-1B Visa Period of Stay: An H-1B Visa allows foreign nationals to be admitted to the US for a period of three years. This can be extended and generally goes upto six years. The employer is responsible for arranging return transportation, unless they terminate the employee before the end of the authorization period.

H1B Visa Cap

Presently, the US implements an annual cap of 65,000 on the issuance of visas under the H-1B category. This is called the regular cap.

• The US also allows an exemption from the H-1B cap, called the advanced degree exemption of upto 20,000 for those with master’s degree or higher qualification from a US colleges or universities.
• Consequently, the US issues some 85,000 new H-1B visas every year along with renewing those that have lapsed.
• Indian nationals hold about 70% share of these visas recently.
• Applicants who are employed in US universities or its affiliated non-profit/government research organizations are exempted from any such caps.

The selection process for the H-1B Visas has always been highly competitive and the denial rates have only been increasing consecutively since 2015. In 2015, H1B visa denial rate reported as low as 6% which has risen to 21% in the 2020 fiscal year.

Types of H1B Visa

The H-1B visas are issued to non-immigrant temporary workers who can serve speciality occupations, services of exceptional merit, etc. Based on the field of work, there are three categories of H-1B Visas available:

• H-1B- Speciality Occupations
• H-1B2 DOD Researcher and Development Project Worker
• H-1B3 Fashion Model

H-1B Specialty Occupations

This category of H-1B visa applies to all those who are employed in a job that requires:

• Special training both in theory and in practice
• A bachelor’s degree is a minimum requirement of entry in this particular job profile in US.

What is considered a specialty occupation?

• Bachelor’s or higher degree is mandatory in a relevant field;
• The job is only for qualified graduates or certified individuals in the specific field.

With MBA Jobs in USA, you can apply for this category.

Besides the general requirements, the applicants must qualify for one of the following criteria to apply for a H-1B Visa under the Specialty Occupation category:

• A graduate or higher-degree holder related to the job profile from a US accredited college or university.
• Have an equivalent of a US graduate or postgraduate degree from a foreign accredited college or university.
• Hold an unrestricted state license/registration/certification that allows to practice the specialty occupation in the intended state of employment.
• Have demonstrable experience in the specialty occupation with progressively increasing responsibility.
• Have recognized expertise in the field, through either experience or specialized training.

H-1B2 Visa for DOD Research and Development Project Worker

Much like H-1B speciality occupation, this category is also for positions that require specialized training, degrees, certifications, etc.

• The applicants must be holding a bachelor’s or higher degree in a relevant field from a US accredited college/university or a recognized foreign university.
• An applicant without required degree but with considerable experience with demonstrable growth and expertise will also be considered in this category.
• To apply for this category, one will need certain additional documents from the DOD project manager.

H-1B3 Fashion Model

This category is for positions/occupations that require a fashion model of prominence. Only distinguished fashion models can qualify for this category.

H-1B Visa Registration Process

Since 2020, the US Citizenship and Immigration Services have started offering an online registering process for prospective H-1B Visa petitioners. This reduces paperwork and overall reduces the cost for the employees. The initial registration is open for a minimum of 14 days every fiscal year. At this stage, only basic information about the petitioner and each worker needs to be submitted. Only selected applicants will then be eligible to apply for the Visa.

Steps to Register Online for H-1B Visa

1. Create an account on the official website
2. Select ‘I am an H-1B Visa registrant’ for your account type.
3. Click on ‘File a registration’.

Note: If you’re working with a representative, do not click on ‘File a registration’. Instead, ask your representative to provide you with a passcode.

1. Go through H-1B Overview and click Next.
2. Click on Start.
3. Provide yours and the beneficiary’s information.
4. Save the information.
5. Add and create a batch of more beneficiaries (Upto 250)
6. For adding more beneficiaries, you may need to restart the process.
7. You will need to then electronically sign and certify your registration.
8. Finally, you need to pay $10 for each registered beneficiary.

One can check the status of your application by logging on to the account. Note that you can not make any changes to the information after submission. For that, you will need to delete the current beneficiary submission, pay the new registration fee of $10 again and then change the details.

Documents Required for H1B Visa

The following documents are required to submit for the H-1B Visa application:

• Separate checks for all the required fee amounts.
• Form G-28 (if attorney or representative is available)
• Copy of the Registration Selection Notice for the Beneficiary Named in the Petition.
• Form I-129
• Addendums/Attachments
• H-Classification Supplement to to Form I-129 and/or Free Trade Supplement(for Chile-Singapore)
• H-1B Data Collection and Filing Fee Exemption Supplement.
• All supporting documents to establish eligibility for the H-1B Visa. Provide a table of documents and submit the documents accordingly.
• Form I-94 to show arrival-departure dates if the beneficiary is in the US already
• SEVIS form I-20 if beneficiary is former/current F-1 or F-2 Visa dependent.
• SEVIS form DS-2019 if beneficiary is former/current J-1 or J-2 Visa holder.
• Employer/Attorney/Representative letter(s)
• Form I-907 (for applicants eligible for premium processing)
• Labor Condition Application certified by the Department of Labor and signed by both the petitioner and attorney/representative.
• Copy of Petition if necessary.

If you’re applying under H-1B regular cap, select Item A, in Item No. 1, Section 3 of Page 20 and print “Regular Cap” at the top of Form I-129.

International students who have finished their master’s from a US university can apply for H-1B Visa under the H-1B Advanced Degree Exemption. To file your petition under Advanced Degree Exemption:

• Select the box for Item B.
• Complete the question 2, section 3 in Item no. 1, section 3, page 20 of the Form I-129.
• Indicate that you’re applying under this category by printing “US Master’s” at the top of the Form I-129.

Students holding F-1 visa and who have not violated any terms or conditions of their F-1 Visa status, can also apply for Cap-Gap Petitions. This will allow them to request a change in their F-1 Visa status and update it to H-1B. Such applicants will also need to print “Cap-Gap” on top of their Form I-129. Employers have to file separate I-129 forms for each employee. The I-129 forms are required in following cases:

• If the employee is being hired by two companies, each one has to file a Form I-129
• If the employee wants to extend their work, the employer has to file a Form I-129
• If the employee is switching jobs, the new employer has to file a new Form I-129 (H1B Transfer)

H1B Visa Registration Fee

To register online for H-1B Cap Season, registrants will need to pay $10 for each beneficiary registration. After registering, you will be selected to file your petition for the Visa.

• H1B visa base filing fee is increased by 21% from $460 USD to $555. The proposal was effective from October 2nd, 2020.
• The fee can either be paid electronically as a bank transfer or in cash at a specified bank that has branches across India.
• You can create a profile on the US Visa Service website and select the scheduled appointment option to ensure the correct amount is paid and the appointment is timely scheduled.
• On the payment confirmation screen, you will be presented with payment options and further details of how to initiate payment. You must make an appointment within one year for your visa interview.

The following fees will be applicable on a case-to-case basis for the final petition:

Note that, each fee needs to be separately paid and separate checks are to be submitted along with the petition.

H1B Visa Registration Dates (2021)

Since 2020, USCIS has introduced an Electronic Registration Process for applicants to reduce the paperwork and receive notifications regarding their application online. The process typically starts in the month of March and all aspiring petitioners need to register online before March 31.

H1B Visa- Dependents and Family

The spouses and unmarried children under the age of 21 of the H-1B Visa holders can seek admission to the US under the H4 non-immigrant classification. To be eligible for the H4 dependent spouse visa programs:

• Your spouse must be a principal beneficiary of an approved Form I-140, or,
• Your spouse has been given the H-1B visa status under the sections 106(a) and (b) of the AC21.

To apply for the H-4 visa, applicants need to file a Form I-765. The documents required to apply for the H-4 Visa are as follows:

• Birth Certificate with photo ID
• A scanned/photo copy of last Employment Authorization Document(if applicable)
• A scanned/photo copy of the biometric page of passport
• A national photo ID
• Copy of marriage certificate
• Proof of your spouse’s H-1B Visa status.

Tips for H-1B Visa Applicants

Given the high denial rates and heavy competition for the H-1B Visa, applicants are advised to pay attention to the entire petition filing process. Below are some tips that petitioners can follow to avoid any delays or denials:

• If you are filing by an attorney or other accredited representative, you need to submit a carefully filled Form G-28.
• Ensure that you have entered the “Beneficiary Confirmation Number” on the H-Classification Supplement.
• Ensure that the petition is signed
• Ensure that the information provided during the electronic registration platform is the same as that on the petition.
• Include a copy of the beneficiary's address.

Other Work Visas for USA

O-1 visa: Alternative to H1B visa, O1 visa is offered to those with extraordinary skills. Employer sponsor is required but in some cases you can also self-sponsor. You need several years of experience in the chosen field to be eligible for an O1 visa.

E2 Investor Visa: Available to graduates who are interested in running their own business. Making a substantial financial investment in the business you want to start or buy in the US can obtain immigration status. E2 investor visa is available to citizens of selected treaty countries.

With a number of aliens coming to the United States to work, getting an H1B visa is a life-changing opportunity for anyone looking to work in the country. The H1B visa requires the highest quality of documentation in order to give your petition a chance at success. Currently, only 65,000 visas are being offered to qualifying foreign workers. However, 20,000 additional visas are issued to those eligible to work under the H-1B advanced degree exemption. Hence, international applicants must ensure that their visa applications are made ahead of time with complete documentation to ensure getting the work visa for the USA.

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