Are you confused by the H1B Visa process?

Let us resolve your confusion about the H1B Visa process. In simple terms, an H1B Visa is a temporary work visa issued by the U.S. government that allows foreign workers to get employed in specified fields (for certain positions) for a limited period of time. Those who hold this H1B visa are allowed to work in the U.S.A. For people from outside the U.S.A. who are looking for employment under the Immigration and Nationality Act.

Is there a particular reason to visit the United States? Many people's reason for traveling to the United States of America is for the purpose of employment. This visa permits workers to work in specialty occupations for a maximum of six years.

H1B Visa Eligibility Criteria

1. The candidate must be a bachelor's degree holder.

2. Have 12 years of work experience.

3. It is necessary to demonstrate that you have the skills to perform your specialty occupation.

4. The foreign professional may also obtain an educational equivalence through a combination of education, specialized training, or progressive work experience. Three years of specialized experience is generally considered equivalent to one year of a college education. For example, if a foreign professional has a three-year associate degree, he or she must have at least have 3 years of relevant post-graduate experience to be qualified for an H1B Visa.

5. USCIS will determine if your employment constitutes a specialty occupation" and if you are qualified to perform the services.

6. You must demonstrate that you have the ability to work in a special occupation.

Validity of H1B Visa

1. In general, an H1B nonimmigrant can stay in the United States for 3 years, but this period cannot exceed 6 years.

2. For those who have permanent residence applications pending. In any case, if your H1-B visa is not get extended by the end of the 6th year, you must remain outside the country for one year.

3. Foreign nationals working on Defense Department projects can remain in the H1- B status for 10 years.

Benefits of H1B Visa

1 .H1-B holders can seek a green card for themselves and their families.

2. If the H1-B holder is changing jobs, he or she must reapply for a new visa.

3. Those who are converting the H4 visa to H1-B status will get a 6-year permit from the date the status changed to H1B status.

4. There is no limit to the number of H1-B Visas that an individual can have in his or her lifetime.

5. Anyone can apply for H1B Visa.

6. As long as you maintain your H-1B status, your immediate family can stay with you.

7. H1B Visa is granted for a period of three years and can be extended for an additional three years.

Period of Stay

H1B visa workers can stay in the country for up to three years. Although the time period may be extended, it usually cannot exceed a total of six years. Under AC21, there are some exceptions under sections 104(c) and 106(a).

1. If an H-1B visa holder submits an I-140 immigrant petition or a labor certification, they are entitled to renew their visa every year or every three years until they obtain permanent residence.

2. A H-1B visa holder who has an approved I-140 immigrant petition but cannot initiate the final step of the green card process due to their priority date not being current may be entitled to a three-year extension of their visa.

3. The maximum duration of the H-1B visa is ten years for exceptional Defense Department project-related work.

H1b Visa Stamping Process:

It means that when you get the H1B visa for the first time in the US you cannot stamp it in a US Consulate. Normally, the H1B visa stamping process takes three days, and the visa is valid for up to six years. When it expires and your new one is approved, you can have it re-stamped. You have to follow some procedures as when you first applied for the stamp, except that the U.S. consulate may require some additional documents.

For more details, you can check out our latest blog on the H1B Visa Stamping Process.