H-1B Visa & what is the procedure to get it?

The H-1B visa is a non immigrant visa granted under Section 101 (15) of the Immigration and Nationality Act in the United States. This visa allows American companies to temporarily employ foreign workers in various occupations. The current era is the era of globalization, which has become the globe. Nowadays it is not decided that a person is born in India, he will remain in India all his life, will do a job and will take his last breath here. As per the rules, a foreigner has to get a visa or permission from that country to go to another country. A similar visa is required for people of India to work in the US, namely H-1B visa. If the companies working in the US want to give jobs to a foreign person, then the employee can work in a company in the US only with a H-1B visa. A large number of IT professionals from India go to work in the US with the H-1B visa.

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What is an H-1B Visa?


The H-1B visa is a non immigrant visa granted under Section 101 (15) of the Immigration and Nationality Act in the United States. This visa allows American companies to temporarily employ foreign workers in various occupations. According to current US law, a maximum of 65,000 foreign nationals can be granted H-1B visas in a financial year.

Process of H-1B Visa

H-1B visas can be applied by US employers (companies) in 2 ways:

  1. The regular process of H-1B visa
  2. Premium Process of H-1B Visa

The main difference between the two processes of obtaining a visa is that the H-1B premium process is a faster method of obtaining a visa. However, the US government charges an additional $ 1,225 for premium visas.

Although the regular process of obtaining a visa is more cost-effective, it is a longer process. There is no time limit set by the USCIS for the application made for obtaining visas through regular processing, ie it can take from 1 month to 6 months.

The visa process is completed in the following steps:

  • Application and acceptance of H-1B visa for employment – For H-1B visa the sponsored company files an application on its behalf. A company can be an individual or partner or a corporation (firm). The application of this visa is “related to the job.” If you are fired or are transferred, your new employer should apply for a new H-1B visa for you. This visa is only valid for jobs.
  • Comparison of ‘prevailing wages’ and fixed real wages. The H-1B visa-sponsored company is required to pay more than both of these types of wages. The prevailing wage is determined by a special application form by the State Employment Security Agency, by asking questions about employment-related responsibilities, skills, and experience. Real wages are determined based on experience and comparison to other employees in the same position.
  • Applying for labor certificate: Through this process information about the sponsoring company of H-1B visa is given.
  • When the labor certificate is approved, the labor department returns a certified copy of the H-1B visa to the sponsored company.
  • The sponsoring company provides information on filing H-1B visas for its employees to the collective bargaining representative within 10 days.
  • Petition Approval: Thereafter, USCIS approves H-1B visas within the specified time frame.

What is the qualification for H1B Visa?

The first requirement for a H-1B visa is to study, you should have a bachelor’s degree and have 12 years of work experience. However, it gets relaxed with certain conditions. -The degree sought for the job and the applicant’s degree must be the same. – The foreign worker who is being called for work should be so complicated that only a person with a particular degree can do it. Applicants must have a Bachelor’s degree from the US or a degree from a foreign university equivalent to a US Bachelor’s degree. It should be noted that no person can apply for H1B Visa, but the company has to apply on behalf of any person.

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How long is a H-1B visa?

The H-1B visa is granted for 3 years which can be extended for a maximum of 6 years. Applicants have to apply for citizenship in the US after the H-1B visa expires. For this, the applicant is given a green card. If the applicant does not get a green card after the H-1B visa expires, he/she will have to stay out of the US for the next one year and apply for the H-1B visa again after one year.

H-1B Visa can apply for Green Card?

The answer is yes. This visa is given for both working and permanent citizenship applications in the US. But the applicant must apply for a green card before the visa expires.

What are the benefits of H-1B Visa?

  • Its biggest advantage is that any foreigner can apply for it. Under this visa, the visa holder can bring his children and spouse to America. They can also stay in the US for the same number of years as the visa holder of the visa holder. After this visa one can apply for permanent citizenship – Its biggest attraction is that there are not many requirements for this visa, only a Bachelor degree and an offer letter from a company working in US is required for this.