Are you skilled in fields like science, technology, engineering, and mathematics? and would you like to work in the U.S? If yes, then the H-1B Visa program is for you.
While there are various pathways to the U.S as a skilled worker, this visa type has its perks such as visa sponsorship for applicants who qualify for specialty occupations.
An aspiring H-1B Visa applicant must first have a valid job offer from a U.S employer and then submit an application to U.S. Customs and Border Protection (CBP).
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Eligibility for H-1B Visa
To be eligible for this visa type, applicants must meet specific criteria such as;
- Possess a theoretical and practical application of highly specialized skill.
- Possess a bachelor’s or higher degree or equivalent work experience in the specific specialty.
- Possess an unrestrictive state license to practice.
- Have a valid job offer from a U.S employer for a specialty role.
Benefits of this Visa
This visa type offers benefits such as:
- Move with Family to the U.S: Spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification.
- Filling Skill Gaps: The program helps address skill shortages in specific industries.
- Professional Development: Foreign workers benefit from exposure to U.S. work culture, gaining additional valuable experience.
- Path to Permanent Residency: The visa holder can have a better chance at applying and securing permanent residency.
Application Process for the H-1B Visa
- The application is mostly handled by the intending employer as it is accompanied by the company’s sponsorship.
- Applicant applies for the visa at a U.S. consulate.
- The aspiring H-1B candidate must subsequently submit an application to U.S. Customs and Border Protection (CBP)
- Prospective employers seeking to hire foreigners for specialty occupations or as distinguished fashion models are required to obtain a certification of a Labor Condition Application (LCA) from the Department of Labor (DOL).
- The employer will remunerate the H-1B worker a wage that is equal to or exceeds the wage paid to similarly qualified workers, or, if higher, the prevailing wage for the position in the geographic area where the worker will be employed.
- The employer will provide working conditions that do not adversely affect other workers similarly employed.
Required documents for the application process
- Printout of DS-160 form confirmation page.
- Application fee receipt.
- Valid international passport.
- Passport photograph.
- Approved I-129 and I-797 petition.
Fees Associated with this Visa
This visa attracts various fee charges, some payments made by the employee and others made by the employer.
Some of the fee attached to this visa includes;
- Registration fee – $10
- Consular processing fee – $190
- Filing fee – $460
Duration and Extensions for this Visa
Initially granted for up to three years, this visa can be extended for a maximum of six years. Extensions beyond the six-year limit are possible under certain circumstances, such as;
- Having an approved employment-based immigrant petition (Green Card application) in process. Here’s an article on how to prepare for a Green Card interview
Employee Rights Under the H-1B Visa
As a H-1B visa holder, you are entitled to the following rights;
- Paid wage equivalent to other workers with similar qualification and experience or the prevailing wage for your occupation in the area of the employment.
- Be in possession of a copy of the Labor Condition Application (LCA).
- Being offered additional benefits likened to other workers.
- Paid for lost productive time resulting from lack of license or permit to work
