How To Get H1b Visa For Usa From India

Getting a H-1B visa isn’t an easy task. It takes preparation, careful timing, and a vital understanding of the H-1B visa application process to get approved for a H-1B visa with an employer. The fact is that the budget cuts have now made it even tougher for the aspiring students from India to come and study at Universities in USA

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If you are looking to work in the United States on an H1B visa – this article is for you. You will find all the information you will need here to get the H1B visa for the USA.

There’s no shortage of misinformation on the Internet when it comes to the H1b visa process. I’ve read pages upon pages of search results, mostly coming from big forums and question-and-answer sites with anonymous commenters who aren’t exactly reputable. As a person who’s been through that process, I’d like to offer you some advice.

How To Get H1b Visa For Usa From India

Getting a H1b visa is easier than it seems. Well, almost. There are cases when some people still do not get the H1b visa even after they have all the documentation. But how can this be?

The H-1B visa classification is arguably the most sought-after employment visa yet very few people outside of the immigration community have even heard of it; this article aims to change that…

The H1B visa is also called a Person in Specialty Occupation Visa. This means that you qualify for the H1B visa if you are accepted in a specific job position which has the following requirements:

• Possession of an advanced educational degree such as:
  • A 4 four year Bachelor’s Degree (or equivalent degrees)
  • A Master’s or Doctoral Degree
• Advanced training or vocational skills (examples include fashion models)
• Qualify to work in research and development projects of the US Department of Defense or other government positions.
• Examples of job positions might be:
  • IT specialists.
  • Architects.
  • Accountants.
  • Professors.
  • Doctors.
  • Lawyers, etc.

The H1B work visa is initiated by an employer in the United States. The employer must have an open job position and they cannot find an American employee who is qualified enough to complete the work. This can be any position that requires higher education degrees or that is specialized enough in skills that not many people can do it successfully.

Then, the employer receives applications from various candidates and if the requirements for the job are fulfilled by a foreign employee, then the US H1B visa process is initiated.

A US employer is defined as a company or corporation which has an IRS (Internal Revenue Service) number.

Since the H1B visa process starts with a US employer, they have to be able to meet some requirements specified by the country. The process is also otherwise known as H1B visa sponsorship.

See the difference between the H1b visa and the L1 visa here

H1B Visa Cap

The applications open every year in spring. USCIS approves around 65,000 petitions per year starting from October 1^st to September 30^th of the following year.  6,800 petitions are reserved for H1B1 visas for Chile and Singapore nationals, while the rest for H1B visas. The applications of the first 20 thousand applicants with a master’s degree are exempt from this visa cap.

H1B Visa Dates in 2021

The registration process dates for an H1B visa are as follows:

• March 2 – Petitioners (employers) can start creating an H1B registrant account at noon US Eastern time.
• March 9 to March 25 – H1B registration period. The registration period opens and closes at noon US Eastern time.
• March 31 – By this date, the USCIS will have notified the selected entrants.
• April 1 – if your employer’s petition was selected, this is the earliest date that you may submit an application for an H1B visa for FY 2022.

How to Apply for the H1B Visa?

Here are the steps you need to go through in order to apply for the H1B visa:

1. Make sure you qualify for the H1B visa.
2. Find a petitioner by applying for a job opening in the United States.
3. Have the petitioning initiated by your employer.
4. Apply for the H1B visa at the nearest US Embassy/Consulate in your home country.

H1B Visa Petitioning Process for Employers

Here are the steps that employers need to go through to petition a foreign worker:

1. Have a Labor Condition Application (LCA).
2. File a petition with USCIS.
3. Fill in form I-129.
4. Submit the forms and the documents file.
5. Wait for the review from USCIS.

Have a Labor Condition Application (LCA)

The US employer must get an approved Labor Conditions Application (LCA) from the US Department of Labor. This certifies that the US employer can hire foreign workers. It also states that the employer will offer them fair compensation and treatment. Finally, it proves that the employer must hire a foreign worker because a US citizen is not qualified, available, or willing to work in that job position.

In that form, they should indicate the number of years that they will hire foreign workers. This form guarantees the US and the employees that this employer will:

• Pay the foreign employee the full prevailing wage.
• Provide an adequate working environment and conditions.
• Notify the employee of any changes made in the labor certification.
• Notify the government of the location where the work will be performed.
• Provide company information and the number of employees.
• State employee job description and income.