¿How to apply for the H-1B visa?

American companies often look to hire people who have specialized knowledge or education. They can hire foreign workers to fill those positions when a qualified American worker is not available. For example, an engineering company that cannot fill a vacant position for a materials engineer can hire a person from Brazil who has the qualifications. If you are in such a situation, then you need to know how to apply for H-1B visa to start your new job.

Applying for an H-1B visa is complicated and you must follow the steps correctly to avoid delays or other problems. Although the employer handles much of the application process , he or she should understand the steps and what is required of you. Here’s what you need to know about the process after being hired by a US company.

The application process

To be eligible for an H-1B visa, you must meet certain requirements . At least two of the following requirements must be met to apply for the H-1B visa:

• Have a bachelor’s or master’s degree (may be foreign equivalent) or have at least 12 years of specialized work experience to bypass education requirements.
• The job you are hired for usually requires a degree.
• Be for employment where the job requires the employee to occupy a specialized occupation.
• Have in-depth knowledge in the field.
• Demonstrate that there is a shortage of qualified American candidates for the position (employer must provide evidence).

USCIS considers specialty occupations to be those in which «the nature of the specific tasks is so specialized and complex that the knowledge required to perform the tasks is generally associated with the attainment of a bachelor’s degree or higher.» Engineering, medicine, health, law and engineering are among the fields of specialization included.

Find a sponsoring employer

To obtain an H-1B visa, you must be sponsored by a US employer. During the hiring process, make sure the employer is willing to sponsor you. An employer usually indicates in advance whether he will sponsor candidates or not. However, you can’t assume they will, so it’s best to ask explicitly.

The filing fees involved in an H-1B petition are largely covered by the employer. These fees generally include the following:

• $300 base filing fee.
• ACWIA fee of $750 (employers with 1-25 full- time employees ) or $1,500 (employers will have 26 full-time employees).
• $500 Fraud Detection and Prevention Fee.
• Optional $1,225 premium processing fee.

Submit the necessary forms

An employer who is willing to sponsor you can begin the application process once you are hired. First, they will file a Working Conditions Application with the Department of Labor (DOL). Information such as salary, working conditions, and location are provided to the DOL.

The employer also represents that the salary offered for the position is equal to or greater than the salary for a similar job located in the geographic area. They also certify that working conditions are not harmful to workers in similar positions.

After the LCA has been approved, the employer can file Form I-129, which is the Petition for a Nonimmigrant Worker . This is sent to USCIS. Information is also sent, including the applicant’s CV, employment contract, fees, education, letter of support and other documents .

It may take an average of 3 to 4 months to process the request, but the actual time may vary depending on the service center. For an additional cost, premium processing is available.

The applicant completes the process at the US Embassy.

The last step after your petition is approved is to process your visa. Your visa can be processed at the United States embassy or consulate in your home country. This will generally take 2 or 3 days, but will depend on your location.

Potential Application Timeline

Petitions for fiscal year 2021 (as of October 1, 2020) have already begun. March 1 is now the start of the registration period for each worker. Here’s what the timeline would look like if your employer filed your H-1B registration before March 20 of this year:

• April 1 – June 15: File LCA with DOL. Gather and prepare H-1B forms, letter of support, and other documents.
• April 15 – June 25: Submit the petition to USCIS. This must be delivered before June 30, 2020.

Contact the legal professionals at Pride Immigration for more information.

The H-1B visa procedure is convoluted, especially after recent changes. A mistake can be detrimental to getting your visa approved. Working with an immigration law professional can be helpful by providing you with specific information about the application procedure, what to expect, and guiding you in the right direction. Schedule a meeting with our Pride immigration advisors to explain how we can help with your application.