Immigration Visas: Everything you need to know about the H-1B Work Visa
The H-1B Work Visa is a US program designed to allow highly qualified and specialized foreign professionals to start a professional career in the US. We will tell you the details.
Starting a professional career in the United States has long been the dream of many professionals around the world aiming to establish their career in one of the most important countries in the world.
The H-1B Visa is presented as a key route for those seeking to work in the US. Therefore, we will tell you in depth about this visa, and then delve into the transition process towards the desired Green Card.
What is the H-1B Work Visa?
The H-1B Work Visa is a U.S. program designed to allow highly skilled and specialized foreign professionals to work temporarily in the United States.
This type of visa is particularly valuable for U.S. employers seeking specific skills that are not readily available in the local labor market.
To be eligible for the H-1B Visa, an individual must possess at least a bachelor’s degree or equivalent work experience in the required field of specialization.
Furthermore, the job position must be classified as “specialized,” meaning it must require advanced technical knowledge or specialized education to perform the job duties.
For this to happen, a U.S. employer must offer the candidate a job position and be willing to sponsor their visa application.
This involves submitting a petition to the United States Citizenship and Immigration Services (USCIS) and demonstrating the legitimate need to hire a foreign professional for the specific position.
The H-1B Visa is initially granted for a period of up to three years, with the possibility of an additional extension of up to three years. This provides the visa holder the opportunity to work in the United States continuously for a significant period.
H-1B Visa Application Process:
1. Determine eligibility
Before starting the process, both the employer and the foreign professional must ensure they meet the requirements for the H-1B Visa. This includes the professional having at least a bachelor’s degree or equivalent work experience, and the employer being willing to sponsor the visa for a specialized job position.
2. Submit the LCA Certification Application
The employer must submit a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL). The LCA certifies that the employer will comply with wage and labor requirements, and hiring the foreign professional will not adversely affect U.S. workers in terms of employment conditions.
After submitting the LCA, the DOL will review the application to ensure it meets labor standards. Once approved, the employer will receive a certificate to include in the H-1B visa petition.
3. Prepare the I-129 Petition
The next step is for the employer to complete and submit Form I-129, Petition for a Nonimmigrant Worker, to the USCIS. This form includes details about the employer, job position, and information about the foreign professional. Supporting documents, such as the LCA certificate and evidence of professional eligibility, will be attached.
The employer must pay the associated fees for petition submission, including the base fee and additional fees based on the specific situation.
4. Visa Selection Process
Since the demand for H-1B visas often exceeds the supply, a selection process through a lottery is conducted. Applications received during the filing period (usually in April) undergo a random draw to determine which ones will be processed. Those selected will continue with the review process.
Special Quotas for Chile and Singapore: for these countries, there is a specific number of reserved slots. This reflects the mutual interest and labor relationship between these countries and the United States. Applicants from these countries may benefit from a more streamlined process, although competition is still significant.
5. USCIS Review and Approval:
Once selected, the I-129 petition will be reviewed by the USCIS. If it is deemed to meet all requirements and is properly supported, the petition will be approved. In case of any issues or lack of documentation, the USCIS may issue a Request for Evidence (RFE) to obtain additional information before making a final decision.
6. Consular Interview (if necessary)
In some cases, the foreign professional may need to attend an interview at the U.S. consulate in their home country. During the interview, their intentions and eligibility for obtaining the visa will be assessed.
7. Obtaining the H-1B Visa
If the petition is approved, the foreign professional can obtain the H-1B visa stamped in their passport. From that point, they can travel to the United States and begin working for the employer who sponsored their visa.
Both the employer and the foreign professional must comply with the labor obligations stipulated in the LCA during the employment period. This includes providing the foreign worker with the specified salary and meeting the employment conditions outlined in the petition.
8. Renewal and extension
The H-1B Visa has an initial duration of up to three years, with the possibility of an extension for another three years. If the foreign professional plans to stay longer in the United States, an extension application must be submitted before the visa expires.
So, we can safely say that the H-1B Work Visa is crucial both for US employers looking for specialized talent outside the country, as well as for professionals from around the world who want to boost their careers in the US.
Additionally, by attracting international talent, it fosters diversity and innovation in American businesses, driving economic growth and global competitiveness.
Finally, sectors such as technology, engineering and medicine also benefit from the availability of specialized foreign workers through the H-1B Visa.
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You already know about the H-1B Work Visa. If you are looking for investment opportunities with high returns in real estate within Florida, or to invest in projects that qualify for the EB-5 investor visa and thus obtain a Green Card, please complete our form and an agent will contact you.
