This is the fourth blog as part of my U.S. Immigration journey series. In this blog, I will share about the H-1B Visa, i.e., what H-1B Visa is, its benefits, obtaining the H-1B Visa, the H-1B Visa quota and cap system, transferring the H-1B Visa, renewing and extending the H-1B Visa, etc.
According to DOL, the H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. The H-1B provisions intend to help employers who cannot obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise permitted to work in the United States.
Before applying for an H-1B Visa, I used the OPT Visa as my legal status when I started my full-time job. As soon as I could, I contacted my company’s immigration lawyers asking them to petition for an H-1B Visa. We worked early to prepare my case to ensure we were ready to file my H-1B petition. My H-1B Visa process involved the following:
- Obtaining a full-time job using my majors in Computer Science and Applied Mathematics.
- My employer attested to the Department of Labor (DOL) that they would pay me wages that were at least equal to the actual salary paid by the employer to other workers with similar experience and qualifications for my job or the prevailing wage for the occupation in the area of intended employment – whichever was more significant.
- Submitting my application when petitions were being accepted.
- My employer submitted a Labor Condition Application (LCA) to DOL.
- Once LCA was approved, my employer submitted the H-1B petition to USCIS.
- Required documents included:
- Offer letter for the job
- Educational documents
- Proof of work experience etc.
- My H-1B was approved for three years initially and could be extended for another 3yrs afterward.
From the time I applied to the day I received the email from lawyers notifying me that my petition had been selected, it was weeks. I was grateful to have my prayer answered after a long nervous waiting period. The H-1B approval was a significant step in the immigration journey to obtaining U.S. citizenship. The benefits of getting an H-1B visa included the legal status to work in the U.S. for up to six years and the ability for spouses and children to be in the U.S. based on the visa holder’s position. The H-1B visa can lead to permanent residency and a green card.
The H-1B visa process is complex and complicated because a limited number of H-1Bs are available each year. There are 65000 H-1Bs for undergrads, i.e., regular applicants, and an additional 20000 for applicants with advanced degrees from U.S. institutions. Once the quota is filled, visas will be in the next fiscal year. This makes the H-1B highly competitive since there are about 1 in 3 chances of getting it.
One thing to note is that the H-1B visa is tied to a specific employer, meaning the visa holder must continue working for that employer while in the United States. Someone who switches companies must switch the H-1B to the new employer. Pro-tip: If you are on H-1B and apply for a new job, only leave your current employment once your next employer has successfully transferred your H-1B visa. Full disclosure, I didn’t have to transfer or renew my H-1B visa. This is because I worked for one company, and while on H-1B, I applied and got approved for a green card.
If you are interested in renewing your H-1B Visa, below are steps to renew the H-1B visa:
- To renew or extend an H1B visa, the employer must submit a new H1B petition to USCIS.
- The required documents include the job offer letter, educational records, and proof of work experience.
Here are the steps to transfer your H-1B Visa:
- To transfer an H1B visa to a new employer, the new employer must submit a new H1B petition to USCIS.
- The required documents include the job offer letter,
- educational documents,
- and proof of work experience.
The timeline for the transfer process can vary, but it typically takes several months to receive a decision.
Over time, the H1B visa program has undergone several changes and updates. It is essential to stay up-to-date on the latest developments. To keep in touch with immigration news about the H-1B Visa process, I subscribed to emails from ImmigrationGirl. Bonus tip: If you are worried about the H1B lottery, prioritize applying for jobs at companies where if one doesn’t get an H1B (from personal experience, typically big tech companies do this), the company transfers them to another country and then brings them back on an L-1 visa. Or, you can work at non-profit organizations H1B lottery exemption.
