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H1B Visa

About H1B Visa

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What is H1B Visa

The US H-1B visa is a non-immigrant visa that allows US companies to temporarily employ foreign workers in specialty occupations. A specialty occupation requires a specialised 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 requiring the applicant to be sponsored by a US employer to apply. Therefore, someone who wishes to enter the US through an H1B visa needs to gain employment from a US employer who is willing to sponsor you into the US.
 
Benefits under H1B visa
 
A successful H1B application, visa stamp, and work permit allows skilled individuals to:
 
· Obtain a Social Security number
· Apply for a state ID or driver's licence
· 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 remain in the US for up to six years. It is initially for three years but can be extended for additional three years.
 
How to apply for an H1B visa?
 
Here's a step-by-step guide:
 
Step 1: Get a digital photo and application form
 
After getting a digital photo, fill H1B visa application (form DS160) online. You can complete the application at the US Dept 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 for setting up visa interview appointments.
 
Step 3: Pay H1B application fee
 
Step 4: Take appointment for H1B visa interview
 
After you pay the fees, 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 Center (OFC) to give Biometrics information that includes fingerprinting and photograph, and second an appointment with the Consulate or Embassy for a personal visa interview.
 
Step 5: US visa finger-printing
 
After taking appointment with the consulate or embassy for personal interview, schedule the fingerprinting appointment at least a day or two before the interview at the consulate.
 
Step 6: Go for visa interview at the US consulate
 
How does the H1B visa quota system work?
 
Each October 1, the USCIS makes available a certain number of H-1B visas for the following 12 months.
 
The Quota for 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.
 
The earliest you can apply for the H-1B Visa is 6 months before the requested start date. For example, you may file on 4/1/2019 for a 10/1/2019 start date.
 
Note that H-1B visa holders are not subject to the quota when applying for a transfer to another company or an extension with the same company.
 
H1B visa FAQs
 
1. Can H1B visa holders apply for Green card?
 
Yes. The H1B visa is a dual-intent visa, which means that those who hold it are eligible for permanent residency by applying for a green card. There are difficulties with applying for the green card once your H1B visa has expired.
 
What is a Green Card?
 
A Green Card is a permit that allows a non-citizen to permanently live and work in the US.
 
Individuals from other countries who enter, live and work in the US for several years and eventually obtain a Green Card are considered permanent residents. Unlike the H-1B, a Green Card permit does not require renewal.
 
Green Card holders may live and work in the US for as long as they please. They can freely travel in and out of the country and don’t need to be sponsored by an employer to maintain their legal permanent residence.
 
2. What is the minimum H1B salary?
 
The Donald Trump administration in the US is considering a proposal to require companies to pay foreign-born scientists and engineers in H-1B status an annual minimum wage of $150,000 to $250,000 or more, depending on the 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 marry in the US while there on H1B visa?
 
Marriage with a US citizen or US permanent resident allows an H1B holder to apply for immigrant status by seeking a 'green card through family'. While you have H1B eligible employment in the US, you may remain in the country with your spouse during the application process for a green card.
 
Fiance visa: As an H1B visa holder, your fiance(e) may be able to use the B2 visa for the purpose of entering the US to marry. However, proof will be required by the issuing embassy or consulate and immigration officials that your fiance(e) intends to return home after the marriage.
 
5. For how long can HIB visa holder stay without 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 the US. Can I apply for the H-1B visa by myself without an employer?
 
No. You must have a legitimate job offer from a US company or organization.
 
7. I have an Associates (2 year) Degree and two-year work experience as an Analyst. Do I qualify for the H1B visa?
 
No. You must have at least a US Bachelor (4-year) degree or its equivalent.
 
Three years of work experience is equivalent to one year of University. So, if you have six years of work experience and two years of college, you could qualify.
 
The Degree and work experience should be directly relevant to your job title.
 
8. Do H1B visa holders have to pay taxes?
 
An H1B visa holder is subject to withholding of Social Security (FICA) tax as well as federal and state income taxes. H1B visa holders are taxed as “resident aliens”, on their worldwide income and may claim deductions for family members.

Latest Updates on H1B Visa

There are approximately 400,000 H-1B visa holders in the US, which is why the government is setting a cap on the new stream of people who could hold those visas at 10,000.

Updated On: 29 Jun 2023 | 1:01 PM IST

Amid mass layoffs in the tech sector, the US Citizenship and Immigration Services (USCIS) has said it is wrong to assume that fired workers holding H-1B visa has to leave the country within 60 days

Updated On: 28 Mar 2023 | 9:12 AM IST

In a statement on Monday, the federal agency said it has received enough electronic registrations during the initial period to reach the fiscal year 2024 H-1B numerical allocations

Updated On: 28 Mar 2023 | 8:09 AM IST

USCIS took to Twitter to announce that some users have not been able to register, and thus they will extend the deadline

Updated On: 17 Mar 2023 | 2:40 PM IST

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Updated On: 15 Mar 2023 | 11:14 PM IST

During the meeting, which was webcast live, members of the commission sought further information on this recommendation and decided to bring it up in the next full commission meeting

Updated On: 15 Mar 2023 | 8:24 AM IST

H1-B visa requires a sponsor for the immigrant to stay in the US but no such sponsorship is needed in the EB-5 scheme

Updated On: 14 Feb 2023 | 12:11 PM IST

H-1B visa petitioners would also need to pay $215 in pre-registration fees, up from the current $10 fee

Updated On: 04 Jan 2023 | 9:05 PM IST

The move by the US Citizenship and Immigration Services (USCIS) is unlikely to make any significant impact on Indians as most of them do not opt for it

Updated On: 15 Dec 2022 | 1:18 AM IST

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise

Updated On: 09 Nov 2022 | 10:32 PM IST

But granting employment authorisation to all spouses of H-1B visa holders would encourage more skilled migrants, including Indians, to choose the US over Canada, the study revealed.

Updated On: 04 Nov 2022 | 9:43 AM IST

USCIS has completed sending non-selection notifications to registrants' online accounts

Updated On: 24 Aug 2022 | 11:04 PM IST

The extension period of up to 180 days will automatically be extended to up to 540 days from the expiration date stated on the current EADs, the Department of Homeland Security said.

Updated On: 04 May 2022 | 11:04 PM IST

Appointments were being granted months after application due to the pandemic

Updated On: 25 Dec 2021 | 2:07 AM IST

This may be applicable to L2 visa holders as well

Updated On: 12 Nov 2021 | 11:04 PM IST

The settlement approved by the federal district court in the Northern District of California would now let companies request that the USCIS reopen and re-adjudicate their denied H-1B petitions.

Updated On: 29 Oct 2021 | 8:13 AM IST

Prime Minister Modi described as 'outstanding' his first bilateral meeting with US President Joe Biden who said the Indo-US relationship is destined to be 'stronger, closer and tighter'.

Updated On: 25 Sep 2021 | 9:49 AM IST

A US federal judge on Wednesday turned down Trump-era changes to H-1B visa rules that were to deter US companies from replacing American workers with cheaper foreign labour.

Updated On: 18 Sep 2021 | 7:18 AM IST

The much sought-after Indian talent is now getting attracted towards Canada in large numbers, away from the United States because of its outdated H-1B visa policy

Updated On: 15 Jul 2021 | 7:38 AM IST

A group of influential US lawmakers on Friday urged the Biden administration to take all necessary steps to prevent the deportation of 'documented dreamers'

Updated On: 26 Jun 2021 | 6:45 AM IST