USA H1-B Visa

However, because of the visa cap it is unlikely that an H-1B visa petition will be successful. The US employer petitions for the H-1B Visa in the US which has a duration of up to 6 years.

Eligibility: specialty occupation

The US H1-B visa is designed to be used for staff in specialty occupations. The job must meet one of the following criteria to qualify as a specialty occupation:

• Have a minimum entry requirement of a Bachelor’s or higher degree or its equivalent.
• The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.
• The employer normally requires a degree or its equivalent for the position.
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

The H1B is a point based visa system and you need a minimum of 12 points for your application to be assessed. You must have:

• A Bachelors or Masters degree from the US (or an equivalent in your country)
• Or 12 years work experience
• Or a mix of education and work experience

You are awarded points as follows:

• 3 points for every 1 year of college studies
• 1 point for every 1 year of work experience

Once you score a minimum of 12 points, your H1B petition can then be prepared.

The standard H1B Filing Fee is currently $460.The standard H1B filing fee is for the 1-129 petition.

H1B visa base filing fee is set to increase by 21% from $460 USD to $555. The proposed fee increase will be effective from October 2nd, 2020.

The fee can either be paid electronically as a bank transfer or in cash at a specified bank that has branches across India. Next, create a profile on the US Visa Service website and select the scheduled appointment option to ensure the correct amount is paid and the appointment is scheduled in a timely manner.

On the payment confirmation screen, you will be presented with payment options and further details of how to initiate payment. The fee is good for a year from the date of payment. You must take an appointment within one year for your visa interview.

The H-1B visa is initially granted for up to three years, but may then be extended to a maximum of six years.

Even though the H-1B visa is a non-immigrant visa, it is one of the few US visa categories recognized as dual intent, meaning the H-1B visa holder can apply for and obtain a US Green Card while in the US on an H-1B visa. If you are still in the US on an H-1B visa and wish to remain in the US for more than six years, you can apply for permanent residency in the US to receive a Green Card. If you do not gain permanent residency prior to the expiration of your H-1B visa, then you must live outside the US for at least one year before reapplying for another H or L visa.

H-1B visa holders can bring their spouse and children under 21 years of age to the US under the H-4 Visa category as dependents. An H4 Visa holder is allowed to remain in the US as long as the H-1B visa holder remains in legal status.