What is the process for getting an H-1B visa?
Foreign-born specialized workers who wish to work in the United States need to obtain a visa to work. One common path is finding a sponsor, also their employer, to allow them to work in the country.
An H-1B Visa grants a specialized foreign worker a temporary allowance to work inside the United States.
Who Qualifies For An H-1B Visa?
A specialized worker in a technical field, or STEM fields, and fashion workers can apply for an H-1B Visa that allows their employer to sponsor them to work in the United States. During the process, the employer demonstrates the lack of qualified American applicants.
Some industries that allow H-1B Visas include: accounting, architecture, computer programming, engineering, international business management, law, journalism, medicine, modeling, and others.
To qualify for the H-1B visa, the applicant must have obtained a bachelor’s or master’s degree (or foreign equivalent, and that degree must meet the requirement for the job they’re working to fill. For example, a bachelor’s degree in journalism would not be appropriate for a finance job.
It’s essential to know the government caps the amount of H-1B visas it grants each year. The current statutory cap is “65,000 visas, with 20,000 additional visas for foreign professionals who graduate with a master’s degree or doctorate from a U.S. institution of higher learning,” per year, according to the U.S. Citizenship and Immigration Services.
How Do You File For An H-1B Visa?
Starting for the fiscal year of 2021, employers can complete the entire H-1B visa process electronically. The employer also submits all the required documents to the government on behalf of the applicant.
To submit an H-1B Visa, employers must first create an account online.
Who Pays For The H-1B Visa Fees?
The employer, or sponsor, pays for the worker’s application and visa fees. The current cost is $10 per beneficiary.
What Is the Process For Getting An H-1B Visa?
After an online account is created and the proper documentation provided, the online portal will mark the application as ‘submitted.”
“Submitted” registrations will remain in consideration for selection until the end of the fiscal year. At that point, all registration statuses will be Selected, Not Selected, or Denied,” according to USCIS.
If someone is “Selected,” they are selected to file an FY 2021 H-1B cap-subject petition. For those “Not Selected” may be contacted in the future if the H-1B regular cap or the advanced degree exemption allocations are not met. If someone is “Denied,” it is likely because of an invalid application or the registrant submitted multiple applicants.
How Should I Go About Obtaining An H-1B Visa?
To obtain an H-1B Visa, you’ll need to work with an employer who has offered you a job. If you’re concerned about the process of obtaining an H-1B Visa and want additional guidance, the team at Fay Grafton Nunez has vast experienced navigating nuanced immigration law.
Our team can help ease the process’s stress and provide guidance on the best course of action for you and your family.
