We all have dreams of owning a home, driving our car, having a great job and a great life. With all those dreams there is another, that is going to abroad especially in America to experience the American way of life and off-course earn a lot of dollars. Today the immigration process has become a little easier with the introduction of H-1B Visa and here are all the news and everything you need to know about H-1B Visa
1.What is H-1B Visa?
H-1B Visa permits a foreign national to work in the United States for a limited period (maximum of 6 years). The visa is available for offers in employment that are in a speciality occupation.
2.What are the eligibility criteria for H-1B Visa?
For applying H-1B Visa an individual must have any one of the following:
- A Degree of Bachelors or a degree in Masters.
- A total work experience of 12 years or more.
- A combination of education and work experience.
The general H-1B Visa qualification rule states that:
- For each year of work, a candidate will be awarded 1 point.
- For each year of college or university study, a candidate will be awarded 3 points.
- In general, 12 points are required to qualify for the application process.
3.How to apply for an H-1B Visa?
The application process is rather simple and is divided into three steps.
- Step 1- The employer need to file a Labor Condition Application (LCA) on Form ETA 9035, with the United States Department of Labor with relevant attestations about wages and working condition.
- Step 2- After the LCA is approved, the employer needs to file Form I-129, which is a petition for a non-immigrant worker and requesting H-1B classification for the employee with all the supporting documents and fees.
- Step 3- After the approval of Form I-129, the employee may start to work with the H-1B classification on or after the indicated start date of the job if he is already physically present in the United States with a valid status. If the worker is outside the United States, he may use the approved Form I-129 with all the relevant documents to apply for the H-1B visa.
4.What are the benefits of H-1B Visa?
There are several benefits with the H-1B Visa. They are listed as follows:
- It gives the holder to work in the speciality occupation and to work in a professional capacity for a maximum period of six years.
- The visa comes with the benefit of multiple year duration where the visa status is initially issued for a maximum period of three years and can be increased for an additional period of three years.
- The worker is entitled to receive income from the employer.
- It permits dual residences as the visa holder don’t need to maintain a foreign residence, unlike many other temporary visas.
- A worker can change his/her employer and it will not affect his/her adjustment of status if he/she has filed Form I-485 and continues to work in the same or related field for the new employer.
- Wife and children under the age of twenty-one years can stay with the visa holder and can attend schools on a part-time or full-time basis.
- The foreign national can simultaneously apply for a Permanent Residency or a Green card for themselves and their family as well.