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H1B Visa: Your Ultimate Guide to Getting Started

Team AckoDec 16, 2024

The H1B visa process is the key to realising your dream of working in the U.S. This guide will break down the most important things you need to know—like eligibility, costs, the application process, and tips to help you succeed in getting your H1B visa.

h1b-visa

By the end of this article, you’ll have a clear idea of how to get started with your H1B visa application.

Contents

Key Details to Know About the H1B Visa

Before diving into the nitty-gritty, let’s make sure you know the most important details about the H1B visa:

Visa Availability:The H1B visa process begins in April, with a lottery system if there are more applications than the cap limit. Applications must be submitted before the end of the fiscal year in September to be eligible for the October 1st start date.
Eligibility:You need a bachelor’s degree (or higher) in a speciality occupation. The job must require specialised knowledge, such as in fields like tech, healthcare, finance, and engineering.
Visa Duration:The H1B visa is typically valid for 3 years with the possibility of extending up to 6 years.
Costs:The application can cost over $4,000 (paid mostly by the employer). Optional premium processing speeds up the process for an additional fee of $2,500.
Dependents:Your spouse and children (under 21) can join you on the H4 visa, though they cannot work unless they qualify for special permission.

What is the H1B Visa?

Simply put, the H1B visa is a work visa that allows foreign nationals to live and work in the United States for a U.S. employer. The job must be in a "speciality occupation, meaning it requires a high level of expertise or skills, such as jobs in IT, healthcare, engineering, finance, or education.

But here's the catch: You can't just apply for the H1B visa on your own. You need an employer to sponsor you by filing a petition on your behalf.

H1B Visa Eligibility Requirements

Before you start dreaming of your new life in the U.S., let’s make sure you meet the eligibility criteria for the H1B visa process. You’ll need:

A bachelor’s degree (or higher) in the specific field you're applying for. Bonus points if you have a master's or Ph.D.!
Proof of relevant work experience (e.g., internships, full-time jobs, or certifications).
Your job must be considered a "specialised occupation." This means the position requires a high level of technical knowledge.
Your employer must be willing to sponsor you and prove there is no qualified U.S. worker for the role.
A valid passport (of course!).

Common professions that qualify for the H1B visa include IT professionals, doctors, engineers, fashion designers, and university professors.

Documents You Need for the H1B Visa Application

Now that you know the requirements, let’s talk about the documents you’ll need for the H1B visa process. Here’s your checklist:

A valid passport (your ticket to the U.S.!)
Educational degrees, certificates, and transcripts (to prove you have the qualifications).
A current employment letter from your employer.
Documentation of previous work experience.
Labor Condition Approval (LCA): This is a document your employer submits to the U.S. Department of Labor.
Proof of your employer’s tax returns (to show they’re legit).
Job description from your employer, detailing your responsibilities.
Resume with supporting certificates.
Passport-sized photos.
Marriage and birth certificates (if your family is travelling with you).

The H1B Visa Application Process: Step-by-Step

The H1B visa process can seem a bit overwhelming, but don't worry, we'll break it down for you!

Here's a simple overview of the steps involved:

First, you'll need to find a U.S. employer who is willing to sponsor you for the H1B visa. They’ll need to submit the Labor Condition Application (LCA), which shows that the employer is offering fair wages and working conditions.

2. Employer Files Petition with USCIS

Once the LCA is approved, your employer will file a Form I-129 (the H1B petition) with USCIS. This form is crucial to kick-start the official process.

3. Wait for the H1B Lottery

Once your employer is ready, they’ll submit your application for the H1B visa lottery. There’s a cap on the number of H1B visas issued each year, so if there are too many applicants, USCIS selects them at random.

4. Receive Petition Approval

If you're selected in the lottery and USCIS approves your petition, they will issue a Form I-797, which serves as the official approval notice.

5. Apply for Your H1B Visa

With the Form I-797 in hand, you can schedule your visa interview at the nearest U.S. embassy or consulate. Make sure you bring all your documents (listed above) and follow the visa application instructions.

6. Wait for Approval and Receive Your Visa

Once your interview is complete, you’ll need to wait for the approval. If everything checks out, your visa will be issued, and you can head to the U.S.!

Costs Involved in the H1B Visa Process

The H1B visa process does come with some costs, and it’s important to know who’s responsible for what. Generally, most of the fees are covered by your employer, but here’s a quick breakdown:

Fee	Payer	Amount
Premium Processing (optional)	Employer/Applicant	$2,500
Public Law 114-113 Fee	Employer	$4,000
ACWIA Education & Training Fee	Employer	$750 (small business) to $1,500 (large business)
Registration Fee	Employer	$10
USCIS Anti-Fraud Fee	Employer	$500
Attorney Fees	Employer	Variable
Basic Filing Fee (I-129 Form)	Employer	$46

H1B Visa Validity and Extensions

Your H1B visa is typically valid for three years, but it can be extended for up to six years. After six years, if you’re in the process of applying for a green card, you can extend your stay for a limited period. However, if your extension isn’t approved before your six years are up, you’ll need to leave the U.S. for at least one year.

Good news for your family: Your spouse and children (under 21) can join you on an H4 visa. While they can live with you, your spouse won’t be able to work unless they qualify for an employment authorisation.

How Can You Track the Status of Your H1B Visa Application?

Once your employer submits your H1B petition, you can track the status of your application through the USCIS website. Here’s how:

Step 1: Obtain your receipt number from your employer once they submit the application. This will be provided to you by USCIS after your petition is filed.
Step 2: Visit the USCIS Case Status Online page.
Step 3: Enter your receipt number in the box provided. The receipt number is a unique 13-character identifier starting with letters like EAC, WAC, LIN, or SRC followed by a series of numbers.

Once you input the number, you’ll be able to see the latest updates on your application status, such as whether it has been approved, if additional documents are required, or if there are any delays.

What If You Don’t Have a Receipt Number?

If you didn’t receive your receipt number (maybe because you didn’t get it from your employer or you're just starting to check), you can still get updates on your application status by providing other identifying information, such as:

Your name
Your date of birth

For better accuracy, it’s best to get your receipt number because it directly links to your case. If you can’t find it, don’t hesitate to ask your employer to provide it or check with the USCIS customer service for further assistance.

Other Quick Tips for Tracking and Monitoring Your H1B Visa Application

Create a USCIS Online Account: You can create an account on the USCIS website to get updates and manage your case online.
Set Up Alerts: USCIS allows you to sign up for email or text notifications. This way, you’ll be notified whenever your case status changes.
Stay in Touch with Your Employer: Your employer will receive updates from USCIS, and they should inform you if there are any changes or actions required on your part. Keep communication open to stay in the loop.

The H1B Visa Cap and Lottery

You might have heard about the H1B visa cap and the lottery system. Here’s how it works: Each year, only a limited number of H1B visas are available. If there are more applicants than available spots, the U.S. government holds a random lottery to decide who gets a visa.

This is why timing is critical! Make sure your employer submits your petition as soon as the application window opens (typically in April).

What’s the H1B Labour Condition Application (LCA)?

The LCA is a form that your employer submits to the Department of Labour to certify that they’re offering fair wages and working conditions. It also proves that they couldn’t find a qualified U.S. worker for the job. Once approved, this document is required for the H1B visa application.

Important Updates for 2024

Starting April 1, 2024, the H1B registration process will no longer accept paper applications. All applications must be submitted online or sent to a USCIS lockbox facility.
The fees for applying for an H1B visa have increased this year, making it slightly more expensive than in previous years.

Key Takeaways

The H1B visa process can be lengthy, so it's important to start early and get everything right.
Find a willing employer to sponsor your visa application.
Make sure you meet the eligibility requirements (degree, experience, specialised occupation).
Be prepared for the costs involved and understand who is responsible for each fee.
Family members can join you, but they may need to apply for an H4 visa.
The H1B visa process includes a lottery due to the limited number of visas available.

Conclusion

Just make sure to follow the steps, meet all the eligibility requirements, and keep track of key dates. Your dream of working in the U.S. could be just around the corner!

Frequently Asked Questions (FAQs) About the H1B Visa

This section answers some of the most common questions about the H1B visa process. If you're still unsure about something, don’t worry—keep reading!

What happens after my H1B visa is approved?

Once your H1B visa is approved, you’ll either need to go through consular processing if you’re outside the U.S., or you may have your visa automatically activated if you’re already in the country. The next step is to schedule an interview at the U.S. embassy and submit your DS-160 form.

Can my family come with me on an H1B visa?

Your family can join you in the U.S. on an H4 visa. This visa allows your spouse and children under 21 to live with you while you're working in the U.S. However, they cannot work unless they get specific authorisation.

How do I know if my H1B petition has been selected in the lottery?

If your application is subject to the H1B lottery, you’ll need to wait until USCIS announces the results of the lottery, which usually happens in April or May. Once the lottery is completed, selected applicants will receive a Form I-797 (Notice of Action) from USCIS.

If you were not selected in the lottery, USCIS will send you a notification explaining this.

Can I use premium processing to speed up my petition?

Yes! If your employer opts for premium processing, USCIS guarantees a response to your petition within 15 calendar days.

What happens if I am employed while waiting for the petition?

You can continue working at your current job in your home country while waiting for your H1B approval. You’ll share your current job details during the interview process.

Does getting selected in the lottery guarantee a visa?

Getting selected in the lottery doesn’t automatically mean you’ll get the visa. You’ll still need to go through an interview, and there’s no guarantee of approval.

Is there a limit to how many H1B visas I can have?

There’s no limit to the number of H1B visas you can have. You can work for multiple employers as long as each employer files a petition for you.

Do I need to attend an interview for an H1B extension or transfer?

No. If you're already in the U.S. with an active H1B visa, and you’re applying for an extension or transferring to a new employer, you do not need to attend another interview.

What happens if I want to start my own business on an H1B visa?

While you can start a business in the U.S. on an H1B visa, you cannot run an S-corporation. Instead, you can start a Limited Liability Company (LLC). However, you cannot be employed by your own company, as your H1B visa is tied to the job and employer who sponsored you.

Do I need to pay taxes while on an H1B visa?

Yes, just like U.S. citizens, H1B visa holders are required to pay taxes. This includes federal, state, and local taxes. You’re also eligible for Social Security benefits, which is a nice perk.

Can I transfer my H1B visa to another employer?

Yes, you can! If you want to change jobs while in the U.S., you can transfer your H1B visa to a new employer. The new employer must file a new petition, but you don’t need to go through the lottery again. Once the transfer petition is approved, you can start working for your new employer.

How long can I stay in the U.S. on an H1B visa?

Your H1B visa is initially valid for 3 years, but it can be extended for another 3 years, giving you a total of 6 years in the U.S.

Can I apply for a Green Card while on an H1B visa?

Yes! The H1B visa is a "dual intent" visa, which means you're allowed to apply for permanent residency (Green Card) while working in the U.S. This is a great perk because it gives you a path to stay longer in the U.S. beyond the 6-year limit of the H1B.

Where do I submit my H1B visa application?

Your H1B visa petition will be filed with U.S. Citizenship and Immigration Services (USCIS). The petition is filed by your employer on your behalf, and you do not submit it directly.

What does H1B stamping mean?

Once your H1B visa is approved, you will need to get your passport stamped at a U.S. consulate or embassy. This is called H1B stamping. It’s an important step, as it allows you to officially enter the U.S. as an H1B worker.

How long does it take to process an H1B visa?

The processing time can vary, but typically it takes several months. If you're using premium processing, your petition can be processed in just 15 calendar days.

Who can sponsor my H1B visa?

You can't apply for the H1B visa on your own. Your U.S. employer must sponsor you

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Disclaimer: The information mentioned on this page is compiled from different websites and government sources. The information may be updated from time to time. Hence, please refer to the respective government websites and verify before making any passport-related decisions.