U.S. Immigration on an H1-B Visa: The Ideal Path to a Permanent Green Card

In addition to short-term U.S. visa categories like studying, tourism, and visiting relatives, more and more highly skilled workers are choosing the path of U.S. immigration through the H1-B visa.

So, what is an H-1B visa? What are the conditions and procedures for obtaining an H1-B visa? How long is it valid for? All of these questions will be answered by ImmiPath in the following article. See it now!

1. What is H-1B Immigration to the U.S.? 

The H-1B visa is a non-immigrant work visa that allows U.S. employers to hire foreign workers for specialty occupations requiring a bachelor’s degree or its equivalent. These roles may include jobs in fields such as Information Technology, finance, engineering, architecture, and more.

The U.S. H1-B immigration visa is valid for three years and can be extended for a maximum of six years.

2. Conditions for Obtaining an H1-B U.S. Immigration Visa 

To be eligible for an H1-B U.S. immigration visa, you will need:

• A job offer from a U.S. employer for a role that requires specialized knowledge.
• Proof of a bachelor’s degree or equivalent in the relevant field.
• Your employer must demonstrate that there is a shortage of qualified U.S. applicants for this role.

You are eligible for an H1-B visa if you are accepted into a specific job position that meets the following criteria:

• Advanced training or professional skills (e.g., fashion models).
• Eligibility to work on U.S. Department of Defense research and development projects or other government positions.
• Possession of an advanced educational degree such as a four-year Bachelor’s degree (or equivalent) like a Master’s or Ph.D.

Examples of potential job positions include:

• Information Technology professionals.
• Architects.
• Accountants.
• Professors.
• Doctors.
• Lawyers, etc.

The H1-B work visa is initiated by a U.S. employer. The employer must have an open job position that they cannot fill with a sufficiently qualified American employee.

This could be any role requiring a higher level of education or specialized skills that few individuals possess.

The employer then receives applications from various candidates, and if a foreign employee meets the job requirements, the U.S. H1-B visa process will begin.

3. H-1B Visa Cap 

Before you can enter the United States under the H-1B classification and start working, you may need to register with the U.S. Citizenship and Immigration Services (USCIS) and be selected to apply.

Due to the high demand for this type of visa, there is a cap on the number of visas that can be issued each year. Currently, the limit is 65,000 visas per fiscal year.

If you have a Master’s degree from a U.S. institution, you are in luck: an additional 20,000 visas are reserved for those with a Master’s degree or higher.

If your sponsoring employer is a higher education institution, a nonprofit organization affiliated with a higher education institution, or a government research organization, the visa cap does not apply.

If you are hoping to apply for an H-1B visa and your occupation is subject to the cap, you’ll need to register electronically with USCIS to enter the lottery.

To do this, you will need to create an online account with USCIS. If you already have a USCIS account, you’ll still need to create a separate account for the registration process.

You will then need to pay the registration fee and fill out basic information about the company sponsoring you, as well as some details about yourself. Additionally, an attorney or representative can create an account and register on your behalf.

The registration period lasts only 14 days each year. If you do not register and your occupation is not cap-exempt, you will not be able to apply for an H-1B visa.

Once you have registered, you can check your status through your USCIS account. If an attorney or representative submitted the registration for you, they will be able to check your status through their account.

Your account will display your status as one of the following:

• Submitted: Your registration has been submitted and is valid.
• Selected: You are eligible to apply for the H-1B visa.
• Not Selected: You were not chosen to apply for the H-1B visa this time.
• Denied: If you registered for the H-1B visa lottery with the same employer multiple times, USCIS will invalidate all of your registrations.
• Payment Invalid – Failed: You registered, but your payment was not successful.

Once the registration period ends, USCIS will notify you if you have been selected. Your registration must be selected for you to apply for the H-1B visa unless you are eligible for an exemption.

If you are not selected, USCIS will notify you or your representative when the H-1B cap has been reached for that year.

See more: Everything you need to know about sponsoring a family member to work in the U.S.

4. What are the Steps Involved in Applying for an H-1B Visa?

Below are the steps that an employer needs to take to sponsor a foreign worker for an H-1B visa:

4.1 Step 1: Submit the Labor Condition Application (LCA)

To apply for an H-1B visa, your employer will need to submit a Labor Condition Application (LCA) to the Department of Labor (DOL) for certification.

The purpose of the LCA is to confirm that your employer will pay you a wage equivalent to that of other workers with similar qualifications in the same geographic area and that your working conditions will not negatively impact their other employees.

4.2 Step 2: Complete Forms I-129 and DS-160 and submit them to USCIS

Once the LCA has been certified by the DOL, your employer will need to complete Form I-129, Petition for a Nonimmigrant Worker, and submit both the LCA and I-129 to USCIS, along with any applicable fees and additional documents.

These additional documents may include proof of your educational qualifications, any relevant training certificates or professional membership documents, your resume, employment verification letters, support letters, and any required fees.

If your Form I-129 is approved, you have two options depending on whether you are already in the United States.

If you are in the U.S. on another type of visa, you must wait until your H-1B visa status takes effect before you can start working.

If you are outside the U.S., you will need to apply for consular processing. To do this, you must complete Form DS-160, which takes approximately 90 minutes to fill out. You will also need to pay the application fee and schedule an interview at the nearest U.S. Embassy or Consulate.

4.3 Step 3: Pay the H-1B Visa Fees

When applying for an H-1B visa, several fees must be paid, typically by the employer:

• Training Fee: $1,500 for employers with more than 25 full-time employees in the U.S.; $750 for employers with fewer than 25 full-time employees.
• Fraud Prevention and Detection Fee: $500 per foreign employee.
• Public Law 114-113 Fee: $4,000 – This fee applies if the employer has more than 50 employees and 50% of them hold H-1B or L visas. Employers do not need to pay this fee when extending or amending a petition with USCIS.
• Premium Processing Fee: $1,225 if the employee opts for expedited processing from USCIS (requires Form I-907).
• H-1B Visa Application Fee: $190.

4.4 Step 4: Submit Forms and Required Documents

After paying the H-1B visa fees, you must submit the necessary documents to the U.S. consular officer as listed below:

• A valid passport, along with a copy
• All previous passports
• Receipt showing payment of the visa fee
• A photograph that meets digital image requirements
• Visa interview appointment letter (original and one copy)
• Printed I-129 receipt number, and the original and one copy of Form I-129
• A copy of Form I-797
• A letter from your employer with your job description
• Your qualifications (degrees and certificates)

If you have previously worked in the U.S., you must also submit:

• Your tax return forms
• The names and contact information of previous employers and supervisors
• Your resume or CV
• Pay stubs from the last 12 months

If this is your first time applying, you should submit the following additional documents:

• Resume or CV
• Names and contact information of current and previous job supervisors and managers
• Names and contact information of two colleagues from your current and previous jobs
• A letter detailing your job duties and responsibilities for the position you will have in the U.S.
• Photos of your current and previous job sites
• Photos of the building where you will work in the U.S. (both exterior and interior), annual reports, prospectuses, and any promotional materials
• Bank statements, such as a savings book, and the amount in the account

4.5 Step 5: Attend the H-1B Visa Interview

During the interview, you should have your documents ready and be prepared to answer detailed questions about your workplace and specific job. If this is your first time applying, the Consular Officer will also take your fingerprints, which will be stored in the U.S. system.

In the interview, you may be asked questions about yourself, your job, your experience, your employer, and your travel history.

5. Some Frequently Asked Questions about H-1B Visa

5.1 How long can I stay in the U.S. with an H-1B visa?

The initial H-1B visa is valid for 3 years but can be extended for an additional 3 years. In total, a person can stay and work in the U.S. for up to 6 years. However, this does not mean that the person must return to their home country after this period. What makes the H-1B visa popular is its dual intent nature.

A dual intent visa allows its holder to apply for a change of status to an immigrant visa. Therefore, if you are eligible and have a valid job offer after 6 years, you can apply for an employment-based Green Card.

5.2 Can I expedite my H-1B visa?

Yes, premium processing is available for the H-1B visa. To request expedited processing, you need to submit Form I-907, Request for Premium Processing Service, and pay the filing fee to USCIS. You can do this at the same time as filing Form I-129.

If you have already filed your petition, you can request premium processing at a later date by submitting your form to the same service center where your original Form I-129 was filed.

5.3 Can I travel outside the U.S. with an H-1B visa?

If you leave the U.S. for travel and return, as long as your H-1B visa remains valid, you may be readmitted in H-1B status. You may want to carry proof of employment or your visa validity to present at the port of entry.

5.4 When can I start applying for an H-1B visa?

If your H-1B visa must go through the cap, you will first need to register online. Keep in mind that being selected in the lottery will allow you to apply for a visa for the next fiscal year.

If selected, you and your employer can file the H-1B petition on your behalf. You may have approximately 90 days to file the petition, but the exact timing and location for filing will be included in the H-1B registration selection notice from USCIS. You can apply for the visa up to six months before the visa start date. 

5.5 What is the H-1B lottery?

The lottery is the process by which USCIS selects applicants to receive the H-1B visa. The selection is completely random.

Your employer has a two-week window in March to submit the H-1B petition to USCIS. After submission, USCIS uses a digital random selection process to choose 85,000 applicants from the pool.

The U.S. issues 65,000 regular H-1B visas and an additional 20,000 H-1B visas for applicants with a master’s degree or higher.

If you are selected, USCIS will notify your employer by the end of March. Starting April 1, you can schedule an interview with the U.S. Embassy/Consulate in your country and obtain your visa stamp in your passport.

5.6 Can I extend my H-1B visa?

Your H-1B visa is typically valid for three years and can generally be extended up to six years. To do this, your employer will need to complete and submit Form I-129 on your behalf, along with any supporting documents and the filing fee.

5.7 Can I transition from an H-1B visa to a Green Card?

Yes, the H-1B visa is a dual-intent visa, meaning you can apply for a Green Card while on an H-1B visa. For assistance with paperwork, documentation, and any other questions related to the H-1B visa, you can contact ImmiPath for guidance and support.

5.8 Who can sponsor an H-1B visa?

Any employer based in the United States can sponsor an H-1B visa and file a petition on your behalf.

5.9 Can I apply for an H-1B visa if I do not have a job offer yet?

Since the H-1B visa is employment-based, you will need an employer to file certain forms on your behalf. Therefore, you will need a job offer before you are eligible to apply for an H-1B visa.

5.10 Can my family accompany me if I have an H-1B visa?

Yes, your spouse and any unmarried children under 21 years old can join you in the U.S. on an H-4 visa.

5.11. How can I check the status of my H-1B application?

When your employer files for an H-1B visa, you will receive a receipt number with 13 digits that you can use to check the status of your H-1B on the USCIS website. The receipt number starts with “EAC, WAC, LIN, SRC, NBC, MSC, or IOE” followed by 10 numbers. Your status may indicate one of the following:

• Received: Your employer has submitted the application and it is eligible for selection.
• Selected: You have been selected and can submit a cap-subject H-1B petition.
• Not Selected: You were not selected and cannot submit a cap-subject H-1B petition.
• Denied: Your employer submitted more than one petition on your behalf, resulting in a denial of the entire petition.
• Payment Invalid – Failed: Your employer submitted the petition, but the payment was unsuccessful or not made.

With the information shared by ImmiPath above, you should now be well-informed about the H-1B visa process. We hope these details help you in your journey to work in the U.S. under the H-1B visa.

With a team of experienced consultants and offices in both the U.S. and Vietnam, ImmiPath is proud to offer expert advice on U.S. immigration, including support for spousal and family petitions, particularly for employment-based immigration such as EB-3 and H-1B. We assist with preparing evidence, and interview guidance, and help you and your family quickly obtain visas and green cards to reunite with loved ones and start a new life in the U.S.

If you have any questions about the H-1B visa process of U.S. immigration, feel free to comment below. The ImmiPath team will provide support and advice with all the experience and dedication, helping make your U.S. immigration dreams a reality.