H1B Lottery


H1B Visa

The H1-B visa allows US corporations to recruit foreign nationals for specialty occupations. Foreign employees require an H1-B visa under the INA (Immigration Nationality Act). The first step in the visa process is the H1B lottery. Visit TechFetch H1B for more details on H1B lottery and to get an understanding of the entire Visa process.

What are the Eligibility Criteria for Obtaining an H1B Visa?

Here are some of the prerequisites for obtaining an H1B visa.

  • Work experience of 12 years which is a combination of higher education and work experience.

  • Bachelor's degree.

  • Employment received must fall under the specialized category and you must possess specialized skills.

  • The employer must register the employment contract with the Department of Labor.

  • You are serious about your employment in the US, you are not there to give free advice or to pursue a hobby.

The H1-B visa is employer-sponsored. H1-B applications begin on April 1 and continue until the quota is reached. H1-B companies and sponsors vary annually. H1-B visas are dual intent visas; you can eventually become a permanent resident of the US.

How do Employers Petition for the H1B Visa?

Employers need to follow a procedure and fill up forms to petition for their employees. These include:

1. ETA-9035

ICERT provides LCA online. The company assures the DOL of equitable wages and benefits equal to that received by US citizens.

2. I-129

Non-immigrant worker petitions are filed with Supplement H and supporting documentation, including a verified LCA, at the USCIS Regional Service Center in the city of expected employment. The employer and the US Consulate obtain Form I-797 when authorized.

Documents for H1B Visa Petition

When Employee Resides Outside the US

Here are some of the documents that must accompany the H1B petition when the employee is outside the US.

  • Passport

  • Certified workforce

  • Appointment letter

  • Finance

  • Department of Justice letter

  • General Consular Letter

  • Transcriptions

  • Post graduate certificate

  • Previous employer certificates.

  • Previous H1-B stays

  • US Sponsoring company job description and Duties

  • Appointment and relieving letters from previous companies

  • Copies of US license, if any.

  • CV/certifications

  • Demand drafts,2 in number for $45 for processing and $100 for issue

  • 2-3 passport size photos (color)

  • H-4 visa applicants must submit birth certificates (for children) and marriage certificates (for spouse).

When Employee Resides in the US

If you are in the US and seeking H1-B, these are the documents you must submit:

  • Bio pages and visas in current passport

  • Present U.S. address

  • Foreign address

  • Evening/day phone numbers

  • E-mail address

  • Copy of I-94

  • H1-B approvals obtained earlier

  • Previous H1-B stays

  • Detailed resume

  • Transcription of University/college degree

  • Credentials evaluation copy

  • Business Name, details of job description

  • License, if required

  • Last W2 copies

  • Copies of the most recent payslips

H1B digital photos are required for visa applications. Photos must be compatible. Get a studio photo for US visas.

Photo Specifications for H1B Visa

Here are some specific requirements for the photo when applying for an H1B visa.

  • Image must be 2 inches by 2 inches if scanning from paper.

  • Photo resolution must be 300 pixels/inch.

  • The photograph must show the face, shoulders and neck.

  • Required: neutral face, not smiling. The eyes must be open and facing the camera directly.

  • Head must not be tilted and must be at the centre of the image.

  • Required: light colored backgrounds. Shadows are annoying.

  • First face No sharpening!

  • Overexposure and underexposure are undesirable.

H1B non-immigrants can stay 3 years, It cannot be extended beyond 6 years. Permanent resident petitioners get a limited extension. If your H1-B visa is not renewed before the sixth year, you must leave the country.

Aliens working in the Department of Defense projects can obtain 10-year H1-B visas.

H1B allows dependents. If your H1-B visa is valid, your spouse and unmarried children under the age of 21 can also apply. They can go to school. B1 visas allow servants too.

H1-B Visa: Benefits and Specific Details

H1-B visas are for life. H1-B holders can apply for family green cards.

If an employer fires an H1B worker before the end of the permitted work time, the company must pay for the worker's trip home. New H1-B visas are needed for job change. Transferring an H4 visa to H1-B grants a 6-year permit.

H1-B holders can apply for LPR (Lawful Permanent Residence), but if their petition is denied, they must return home. The annual H1-B quota is 65,000. This does not apply to extensions or changes of employer, only for new applications.

Your employment in the US must pay from day one. You cannot continue living in the US unless you are on unpaid leave or sick leave are the only exceptions. Your position is legal, but you must find an alternate work. Unemployed Americans should go. If your employer does not pay you, you can file a complaint with USCIS or DOL.

Apply for H1B once USCIS accepts your petition. USCIS begins accepting H1B visa applications from April 1. The company sponsors the H1B visa. DHS must approve your company's H1B visa. You can apply for a visa at the US Embassy or Consulate in India if the petition is approved.

The United States would revamp the H-1B visa screening process to prioritize income and skills over the current lottery approach.The final federal registration regulation protects the interests of the US Highly skilled foreign immigrants are given temporary jobs.USCIS said changing the H-1B screening process will benefit employees and encourage employers to provide higher compensation and apply for more skilled jobs.To understand about the H1B process in depth, visit TechFetch H1B. The site has in-depth information on the H1B lottery and will give you an understanding of how to go about it.

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