You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. A “visa” in this context means a green card or lawful permanent residence. Each occupational category has specific requirements that must be met.
Obtaining a U.S. green card under EB1 category is typically easier than doing so in any other employment-based visa categories. The reason is that the employer does not need to start by attempting to recruit U.S. workers for the job and then seeking labor certification (confirmation that no such workers are available) on the employee’s behalf. This process tends to take many months and involve staggering complexity.
In fact, within the subcategory for workers of extraordinary ability (described below), the foreign national does not even need a job offer from a U.S. employer at all.
To qualify for this category, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. This list is open-ended, and extraordinary ability in all fields are accepted. The person’s achievements must have been publicly recognized and resulted in a period of sustained national or international acclaim. This often involves showing that the foreign national is a widely acknowledged leader in the particular artistic, educational, business, or athletic field.
No job offer is needed in this subcategory, so long as the foreign national will continue working in the field of expertise after arriving in the United States. However, if the worker has received a job offer from a U.S. employer, that will always boost her/his chance of getting the EB1 application approved.
You may qualify for the Extraordinary Ability category in different ways.
First: Provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal). However, there are many fields where there is no one-time achievement like those mentioned above. Therefore, Courts made it flexible if there are no-time achievements in your field. If evidence of one-time achievement does not apply to the alien’s occupation, comparable evidence is accepted. However, the comparable evidence must meet two elements to qualify (1) level of expertise indicating that the individual is one of that small percentage who has risen to the very top of their field of endeavor and (2) that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.
Second: If that petitioner does not submit this evidence of either one-time achievement or comparable evidence, then he or she must provide sufficient qualifying documentation that meets at least three of the ten categories listed at 8 C.F.R. § 204.5(h)(3)(i) – (x). Those categories are:
(i) Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
(ii) Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
(iii) Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
(iv) Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
(v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
(vi) Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
(vii) Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
(ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, about others in the field; or
(x) There is evidence of commercial success in the performing arts, as shown by box office receipts or records, cassette, compact disk, or video sales.
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years’ experience in teaching or research in that academic area. You must be entering the United States to pursue tenure or tenure track teaching or a comparable research position at a university, the institution of higher education or private employer.
You must provide an offer of employment from the prospective U.S. employer. The job offer for which the applicant is coming to the U.S. must be a specific tenured or tenure-track teaching or research position at a university or an institution of higher learning. Alternatively, if the position is at a research organization, it must be a permanent position. (Showing permanence can be a bit dicey in cases where the position is based on grant money that will run out in a year – but this can be overcome by showing that the employer intends to seek continued funding and that a reasonable expectation of success exists, such as a track record of renewed funding
Not every type of employer can make use of this visa category. It must be a “qualified employer,” meaning either a university or institution of higher education or a department, division, or institute of a private research entity with at least three full-time researchers on staff. The private U.S. employer will also need to show a history of making significant achievements in research.
No labor certification is required. You must meet at least 2 of the 6 criteria listed (or comparable evidence if any of the criteria do not readily apply) below:
Evidence of receipt of major prizes or awards for outstanding achievement
Evidence of membership in associations that require their members to demonstrate outstanding achievement
Evidence of published material in professional publications written by others about the alien’s work in the academic field
Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
Evidence of original scientific or scholarly research contributions in the field
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. Alternatively, if the person is already in the U.S. on a temporary visa, it is possible to qualify based on having been employed as an executive or manager at that company for one of the three years before arrival in the United States. (The prerequisites are similar to those for L-1 intra-company transferee nonimmigrant visas.)
Your petitioning employer must be a U.S. employer and intend to employ you in a managerial or executive capacity. The petitioner must have been doing business in the U.S. for at least one year as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity. No labor certification is required.
Not only does the foreign national need to meet the various qualification requirements under this subcategory, but the employer, including its foreign and U.S.-based offices, must also meet specific qualifications, including that the two are either:
different branches of the same company
a joint venture where the parent company owns half or has equal control and veto power
related so that one company is a majority-controlled subsidiary of the other, or
affiliated such that both companies are under the control of the same person, persons, company, or group of companies.
Care must also be taken to ensure that the job position, both inside and outside of the U.S., is demonstrably “executive” or “managerial.” A manager, under the immigration laws, is said to be a person who:
manages the organization, or a department, subdivision, function, or component thereof
supervises and controls the work of other employees in supervisory, professional, or managerial positions, or manages an essential function of the organization
is authorized to hire and fire the persons supervised, or if none are supervised, works at a senior level within the organization, and
is authorized to make decisions concerning day-to-day operations of the organization’s activities or functions over which the manager has authority.
All four of the above criteria must be met for the foreign national’s job to be considered managerial. A supervisor below the middle management level, often called the first-line supervisor, is not usually a manager for EB-1 qualifying purposes. However, an exception may be made if the employees being supervised are themselves, professionals, with university degrees.
The immigration law’s definition of an executive is someone who:
directs the management of the organization or a significant part or function of the organization
sets the goals and policies of the organization or a part or function of the organization
has been given extensive decision-making authority, and
is subject to only general supervision or direction from higher-level executives, a board of directors, or the organization’s stockholders.
Extraordinary Ability: You may apply for yourself (with the help of an Attorney) by filing a Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
Multinational Manager or Executive: Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible for admission to the United States in E-14 or E-15 immigrant status, respectively.
This is simply a summary of the law, and it is not always easy to tell what type of job offers, or individual applicants, will successfully qualify in the EB-1 category. For more information, please contact us.
Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
If the EB-2 worker’s presence can be shown to hold benefit for the U.S. in the future, it may be possible to apply to this category without first getting a job offer or labor certification, through what is called a national interest waiver. (Labor certification is a long and complicated process)
To demonstrably “benefit” the U.S., applicants will have to show that their work there will favorably impact the U.S.’ economic, employment, educational, housing, environmental, or cultural situation some other important aspect of U.S. life.
The impact must be national in scope: A public health researcher at a federal agency or a university might pass, for example, while the same person coming to provide direct services at a community clinic would probably not.
Applicants will also have to show that the field of work has “substantial intrinsic merit”—in other words, worthy in and of itself. Also, applicants will need to demonstrate that the work will prospectively benefit the U.S. national interest to a substantially higher degree than that of a similarly qualified, available U.S. worker would. (Unfortunately, USCIS often reinterprets this requirement to mean showing that being forced to go through the labor certification process would hurt the U.S. national interest. A local labor shortage is not considered to be an adverse impact.)
In addition to providing evidence of an advanced degree or exceptional ability, you must also meet the 3 National Interest Waiver criteria below** to demonstrate that it is in the national interest that USCIS waives the requirement of a job offer, and thus the labor certification.
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least ten years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
The proposed endeavor has both substantial merit and national importance.
You are well-positioned to advance the proposed endeavor.
It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible for admission to the United States in E-21 and E-22 immigrant status, respectively. Because the combination of the above criteria is difficult to satisfy, obtaining a national interest waiver is harder than applicants usually expect, and a lawyer’s help is definitely in order.
EB-3 is one of the employment-based green card application processes–within this third preference of employment based petition, a U.S. employer can ask for a permanent residency petition of his/her alien (non-American) employee. It gives the holder indefinite/permanent residency to live and work in the United States as with other green cards.
People can apply for EB-3 (PERM) under three categories:
Professionals: Persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
Skilled worker: Persons who meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training and at least 2 years of job experience is required for this category.
Unskilled worker: Persons performing unskilled labor requiring less than 2 years of training or experience, not of a temporary or seasonal nature.
The process is almost the same for three categories except the advertisement part. The whole process, including the processing time, is described below:
The first step in the process is a series of correspondence between the attorney, employer, and employee to establish the crucial details of the job for which the employee is being sponsored. This includes job title, job duties, minimum education and experience requirements, job location, number of employees being supervised, and other vital details. The employer must articulate the job requirements based on DOL regulations and realistic business practices. The employee must be able to show that she possesses the job requirements when accepting the offer. Previous experience and education must be adequately documented. Changes in the job duties, minimum requirements, or location later down the road could require beginning the process anew.
PERM application is submitted to the Department of Labor (DOL). This process takes approximately 10-16 months.
Once the job details have been established, the employer has to submit an online PWD request to the Department of Labor (DOL). DOL will determine the prevailing wage for the position in the specified geographic location, based on the job duties, minimum requirements, and other details. If a collective bargaining agreement governs the wage for the position, documentation is submitted to DOL to show this.
PWD sets the minimum wage that the employer must be willing to pay the employee when the employee becomes a legal permanent resident. Currently, DOL issues a prevailing wage determination in 4-5 months.
The next step is job advertisement and recruitment. The employer needs to conduct a widespread job advertisement, interviewing the candidates, and ultimately determine that no US workers are qualified, willing, and available to take the job.
In this phase, the employer needs to post a job advertisement in a Local Newspaper and State Workforce Agency Website to attract U.S. Workers. This process takes approximately 2 months.
There are three additional recruitment steps required for the professionals and skilled workers. Perhaps the ads will be valid for 180 days, the employer needs to follow a strict timeline for these steps and keep records.
If a willing and qualified US worker applies for the position, you will need to stop the process, wait at least six months, and then re-test the labor market, perhaps with modified criteria.
When the recruitment period ends with no able, willing, and qualified US workers, the employer has to prepare and file the ETA-9089 PERM application and file it with the DOL. Moving onto this process, the employer needs to wait 30 days since the last ad expires. PERM processing is currently taking about 8-9 months but could take significantly longer if the case is audited. However, the chance of the case being audited is small- nationally, the audit rate is about 25%, but with CBK, the rate is less than 5%.
Based on the above, it is reasonable to expect the Labor Certification stage (Aforementioned processes) to take approximately 12 months or more if there is an audit.
Once the Department approves the PERM labor certification of Labor, the next step is for the employer to submit a Form I-140 to USCIS. The Form I-140 is the immigrant petition, and the US employer files it on behalf of the foreign worker. Once the form I-140 is filed, it usually takes 6-9 months to respond from USCIS. The US employer can also elect to pay an additional $1,440 for premium processing to receive a response in 15 days. If USCIS has any concerns about the petition, they may render a Request for Evidence (RFE). This can also slow down the processing time.Form I-140 is filed to USCIS within 6 months of PERM approval. This form is especially for the employer to show their ability to pay the wage offered and the foreign national possesses the education, experience and skills required in the PERM application. To prove the ability, the employer needs to submit a profit and loss statement, balance sheets and sometimes personal financial information of the owner.
Depending on the green card category and the country of chargeability, immigrant visa number may not be immediately available. However, if the priority date is current when the PERM is approved, the next step is to file the I-485 application together with the I-140.
If, after approval of the I-140 immigrant visa petition, the priority date is not within three months of current on the most recent visa bulletin, monitoring services can be offered.
I-485 is a personal green card application filed by the employee named in the I-140 petition and by his/her derivative family members (spouse and children). As long as the priority date remains current, it can be filed after I-140 approval or at the same time as the I-140.
Adjustment of the status application focuses on the employee’s eligibility to receive a green card (e.g., absence of criminal history or other grounds of inadmissibility).
The applicant will likely receive a biometrics appointment notice about 1-2 months after we file the paperwork. This will be in the USCIS office closest to your place of residence.
About 12 months after filing the paperwork, the employer will receive an interview notice. Interview wait time varies greatly among different USCIS field offices.
At the I-485 interview, the immigration officer will review the employee’s green card application and their underlying immigration file. At the time of the interview, the employee needs to confirm that the job offer is still available for him, produce all the original civil documents, immigration status documents (H1B approvals, visa stamps, SEVIS documents), and previously completed medical exam on form I-693 in a closed envelope.
Green cards are usually approved from 2 weeks to 2 months after the interview. However, on rare occasions, when Visa Bulletin retrogression and a visa number is no longer available after the successful interview, I-485 will be sent to the National Benefits Center. In that scenario, USCIS will approve a green card as soon as the visa number becomes available again.
The EB4 visa is a work-based green card category that allows foreign citizens to live and work permanently in the United States. If you match the qualifications for a “special immigrant,” you may be eligible for the visa. They can also apply for citizenship by naturalization after five years of living in the U.S. as a green card holder.
If you are a special immigrant, you may be eligible for an employment-based, fourth preference (EB-4) visa. The following special immigrants are eligible for the fourth preference visa:
Religious workers;
Special Immigrant Juveniles;
Certain broadcasters;
Certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members;
Certain employees of the U.S. government who are abroad and their family members;
Members of the U.S. armed forces;
Panama Canal Company or Canal Zone government employees;
Certain physicians licensed and practicing medicine in a U.S. state as of Jan. 9, 1978;
Afghan or Iraqi translators or interpreters;
Iraqis who were employed by or on behalf of the U.S. government; and
Afghans who were employed by the U.S. government or International Security Assistance Force (ISAF).
To petition for an employment-based fourth preference immigrant, the applicant/ employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your behalf.
If you live in the United States, you should generally file at the Chicago, Dallas, or Phoenix Lockboxes, depending on where you live and whether you are also filing Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time (known as “concurrent filing”). For a complete list of addresses, visit our Direct Filing Addresses for Form I-360 page.
VAWA Self-Petitioning Spouses, Children, and Parents
File your Form I-360 at the Vermont Service Center.
Special Immigrant Juveniles (SIJ)
File your Form I-360 at the Chicago Lockbox.
Religious Workers
You cannot file Form I-360 concurrently with Form I-485. You may file Form I-485 only after USCIS approves your Form I-360. See 8 CFR 245.2(a)(2)(B); Cf. Ruiz-Diaz v. the United States, 703 F.3d 483 (9th Cir. 2012).
Iraqi and Afghan nationals who worked for or on behalf of the U.S. government in Iraq or Afghanistan
You may scan and email your petition with the required documents (preferably in .pdf format) to nsci360sivapp@uscis.dhs.gov. Please include the email address you want us to send your electronic receipt. If you do not have an email address with your form, USCIS will send the receipt notice electronically to the email address you used to submit your petition.
American companies employ thousands of workers from abroad each year across every industry from farming to mechanical engineering; many arrive through the H-1B visa program. citizenship. To apply for a Green Card, you must be eligible under one of the categories listed below.
American companies employ thousands of workers from abroad each year across every industry from farming to mechanical engineering. Many of these workers come to the United States through specialized visa programs, of which the H1-B is one of the most popular.
Introduced in 1990, the H-1B visa program expands the labor pool available to U.S. companies by offering them an opportunity to hire qualified noncitizen applicants by sponsoring visas allowing talented noncitizens to live and work in the U.S.
A valid H-1B visa permits newcomers to work in the U.S. for three years, with the possibility of another three-year extension.
A skilled individual who wishes to work in the U.S. must obtain legal authorization. If the worker has an offer of employment from a U.S.-based company, they are eligible to apply for the H-1B visa through the U.S. Citizenship and Immigration Services (USCIS). The most common applicants for H-1B visas are international students studying at American undergraduate and graduate schools who hold an offer of employment at an American company.
Successful H-1B visa applicants receive a three-year work permit. At the end of this period, the visa-holder is eligible to apply for a three-year extension through their existing company or another sponsoring employer.
There are exceptions to the six-year H-1B visa limit, but these only apply to a handful of workers every year. For example, anon-citizen who works for the U.S. Department of Defense, for example, can get up to ten years on their H-1B visa.
As the H-1B visa focuses on skilled workers who are helping to fill the talent shortage in the U.S., there are specific educational requirements for all visa applicants.
An individual who wishes to work in the U.S. on an H-1B visa must have the following qualifications:
A bachelor’s degree or higher from a U.S. college or university, or the equivalent from another country. A three-year bachelor’s degree from outside the U.S. requires another three years of work experience.
Complete educational and technical expertise to perform the role indicated in the job offer of the H-1B application.
If the position requires credentials, they must be obtained before filing.
Jobs that typically qualify for the H-1B visa include engineers, lawyers, accountants, healthcare professionals, financial analysts, sales managers, artists, technicians, among others.
An application for the H-1B visa requires a job offer from a U.S.-based company.
An H-1B visa holder is not permitted to switch jobs on the same visa.
If you wish to leave your existing role, you have been let go by your employer, or you accept a job offer from another American company, you must apply for a change of status known as the H-1B visa transfer. The new employer files a petition on your behalf.
USCIS offers H-1B workers a 60-day grace period to find another job should they choose, or be forced, to leave their current employer.
The visa transfer process must be completed within a 60-day grace period beginning on the day you leave the original position that sponsored your H-1B visa. When 60 days pass, you must have received your new H-1B visa or you will lose legal status in the U.S.
There are several fees associated with the H-1B visa. These include:
H-1B Registration Fee
Base filing fee
American Competitiveness and Workforce Improvement Act of 1998 Fee
Fraud prevention fee
Public Law 114-113 fee
Premium processing fee
The employer typically pays all the fees associated with the H-1B application and submits documents to USCIS on behalf of the incoming H-1B worker including job details, salary, and other relevant information.
The only fee that an employee may opt to pay is the premium processing fee, which is optional and does not impact the approval or denial of their visa—it merely provides an accelerated decision. Applicants who cannot afford the additional fee can use normal processing without fear of negatively impacting their application.
The United States Citizenship and Immigration Services, or USCIS, handles the processing of the H-1B visa and sets an annual 85,000 quota for H-1B applications.
Within the quota, 20,000 positions are reserved for applicants holding advanced degrees from a U.S. institution (master’s degree or higher). The remaining 65,000 positions are for H-1B visa applicants who do not meet the U.S. advanced degree holder qualification.
Thousands of people immigrate to the country on the H-1B visa with spouses and children
The H-4 visa permits spouses and unmarried children under 21 to join H1-B visa holders while they live and work in the U.S.
H-1B applicants must fill out and submit the relevant H-4 forms before their H-1B visa interview in the home country should they wish to sponsor their spouse and under-21 unmarried children.
The relevant form for the H-4 visa is DS-160. Other information to bring to the visa interview includes:
Valid passport
Photographs of the H-1B applicant and their spouse (and children)
Passport-sized photo of the H-4 visa applicants
Print out of the online DS-160 form confirmation page
Marriage certificate
Children’s birth certificates
Any other documentation or photographs to prove the marriage
Successful processing of the H-4 application will allow the applicants’ spouse and children to travel to and live with them in the U.S.
Spouses of H-1B applicants will not be able to work during the initial three to six years the H-1B visa holder spends working in the U.S. Changes made by USCIS in 2015, however, mean that certain H-4 visa holders can work in the U.S., provided certain criteria are met.
The H-4 visa holder can file Form I-765 to apply for an Employment Authorization Document if:
The H-1B holder is the beneficiary of an approved Form I-140, or has extended their H-1B visa beyond the initial six years, due to a pending Form I-140 application.
Potential applicants should always stay up to date on the latest news on the H-1B visa process. Recent changes to U.S. immigration policies could pose challenges for H-1B visa holders seeking an extension after the end of their initial three-year term.
A recent policy memorandum from USCIS allows government immigration officials to issue a Notice to Appear (NTA) to any non-immigrant attempting to extend their H-1B visa. An NTA is a document that directs non-citizens to appear before an immigration judge for review of their legal status. Previously, NTAs could only be used following USCIS consultation with Immigration and Customs Enforcement (ICE). Now USCIS can issue these notices directly.
An applicant may receive a Request for Evidence from USCIS after their initial application for the H-1B visa, which typically asks applicants to provide more information about their application such as evidence of degrees and certifications.
If USCIS cannot obtain enough information about the employer listed on the application, they may file the request.
If you receive a Request for Evidence, make a list of all the evidence required by USCIS, include the relevant forms and submit the request promptly. If there is any aspect of the request you do not understand, consult an experienced immigration attorney.
The general process to secure an H-1B visa includes the following steps:
Identify an employer in the U.S. willing to sponsor foreign applicants.
Ensure you qualify for the job and the H-1B visa requirements.
Request that your employer files an H-1B petition with the U.S. government, and enter your petition into the visa lottery.
Wait for further information from USCIS.
If your application is approved, you are eligible to enter the U.S. to work and live for three years. Below, we’ll walk you through how to navigate each step of the process.
If you are lucky enough to receive an offer from a U.S.-based company after graduating from an American college or university, you’ve overcome one of the first hurdles. But if you’re living abroad and would like to work and live in the U.S., there are several websites with H-1B visa sponsor information. You can visit those websites to identify companies in your industry, specialty, or desired location willing to sponsor H-1B visas.
After you identify several companies that sponsor H-1B applicants in your area of expertise, monitor their websites for open job applications and ensure your resume and other documents are ready to submit as soon as you see an opening.
If you are viewing open jobs from companies that sponsor non-U.S. workers, be sure to check the job listing for details on the legal status of prospective candidates. Even among companies that sponsor individuals, some jobs are limited to U.S. citizens only.
There is no right- or wrong-sized company when applying for an H-1B visa, but larger companies often have more experience hiring workers from outside the U.S. Some large companies have in-house immigration attorneys with experience assisting workers navigating the H-1B lottery.
While there is no law against working for a startup or small business as a noncitizen, it is more challenging for these U.S. employers to apply on your behalf. These companies may be less likely to have experience hiring individuals from abroad, which means they may not be aware of the intricacies and potential of the H-1B application process.
If you do receive an offer of a job from a smaller U.S.-based company, take care to ensure every aspect of the application is completed correctly.
Individuals enrolled at U.S. colleges and universities often find H-1B sponsor through internships. The best time to find such opportunities is during your second and third years of university before beginning your job search in your final year of school.
F-1 student visa holders can seek paid and unpaid internships if they meet the criteria set out by USCIS for student employment.
Even if a potential employer is not willing to file a petition for an H-1B visa on your behalf, students can use their Optional Practical Training (OPT) after graduation to work for up to a year. OPT allows students to work during and after completion of their degree.
As part of OPT, you will receive an Employment Authorization Document (EAD), which allows you to work in the U.S. for up to 12 months during and post-degree. There are 24-month extensions available for science, technology, engineering or math (STEM) students.
Students who pursue an internship during their undergraduate or graduate years and work for a full-time position through OPT may have a better chance of being sponsored by that company for the H-1B visa.
Choosing standard or premium processing has no impact on whether your visa is approved or denied, but does affect how long it takes to receive a decision on your application.
It can take between three months to a year to receive approval or denial with normal processing. Premium processing is faster as applicants typically receive within fifteen days of filing.
To understand the current processing times for forms handled by different field offices and service centers, visit the USCIS website for up-to-date information. Choosing a center is not always up to the applicant as it varies based on your existing location or where you intend to work.
Individuals with an offer from a new employer can submit their application by April 1 for the next fiscal year’s quota. Applications are accepted until the USCIS H-1B 85,000 cap for the fiscal year is reached. According to regulations, USCIS must accept applications for at least five business days or until they receive more applications than their quota.
The visa application must tie with the start date within your offer of employment. The filing should not be more than six months before you are due to start working in the U.S. The USCIS fiscal year begins on October 1st and ends on September 30th of the following year. If you wish to start working between those dates, you can apply in April at the earliest.
USCIS received 201,011 petitions for the visa during the 2019-2020 fiscal year. Less than half of those applicants received approval.
The process for conducting the lottery is slightly adjusted for the April 2020 filing deadline. Individuals applying for the visa now do not need to submit a fully completed application to enter the lottery. Applicants, with help from their employers, will register with USCIS electronically to indicate their participation. USCIS will then process the lottery and informs individuals if they are selected or not.
Those selected in the lottery will file a complete application. In the past, all applicants were required to complete relevant paperwork before entering the lottery.
Another significant change is the inversion of the regular pool and advanced degree pool within the lottery. In the old system, applicants with advanced degrees were submitted to the computer-generated system first. Those who were unsuccessful were then added to the regular quota lottery.
The most recent H-1B cap stood at 85,000, with 65,000 spots reserved for regular applicants and a further 20,000 spots for advanced degree holders.
Inverting the system means everyone now participates in the initial lottery. Applicants with advanced degrees get a second chance if they are not successful in the first round.
On the other hand, the odds for applicants who only hold a bachelor’s degree have declined from 38% under the previous system to 32% under the new rules.
USCIS provides employers with information about the registration period for the 2020-2021 H-1B visa lottery. Employers have fourteen days to add relevant information about the applicant, their prospective role, and the company.
Each employer must file a Labor Condition Application (LCA) for the worker whom they wish to sponsor. The LCA includes information such as the job title, position duration, salary, location, and a few other details.
The employer will then receive relevant information from USCIS about the application, including a receipt number that enables them to check the case status and make changes to the candidate details within the 14-day registration period.
At this stage, USCIS will then conduct a computer-generated selection to determine who is accepted within the regular and advanced degree quotas. Employers receive electronic notification of a status update and check whether or not the prospective employee successfully secured the visa by checking the USCIS website.
Candidates whose visas are approved through the lottery have 90 days to file to complete their H-1B petition.
Sponsors and applicants must work together to file an H-1B petition. Completing the H-1B visa petition involves the following steps:
Take a digital photograph that meets certain
Fill out and submit the DS160 H-1B form
Pay the relevant application fees
Make appointments for biometrics and an in-person visa interview
Applicants must file the DS-160 form online on the USCIS website. The form requires submission of a digital photograph as well as other key applicant details
Double-check all information that you input on the form as any mistakes may result in visa delays, even for applicants who were successful in the visa lottery.
You will need to provide several documents at different stages of the H1-B application process and interview, including the following:
Original passport with a validity of at least six months after the interview date.
All old passports.
Visa interview appointment letter
Original Notice of Action I-797 Form
USCIS issues Form I-767 to all H-1B applicants. This form includes information about your case type, receipt date, priority date, the notice date, notice type and explains whether your petition was approved or denied.
If you are attending a visa interview, do not forget the original I-767 document.
There are other supplementary documents that may be helpful as you respond to a Notice of Action case, but may not be relevant to each individual applicant. These supplemental documents might include:
Letters that verify your employment history and work skills.
Original diplomas showing bachelor and/or advanced degrees.
Original certificates for any courses or certifications that pertaining to your job.
Offer letter from the employer that is sponsoring you for the H-1B visa.
After three years, your H1-B status may be reaching its end, which means that it may be time to consider the renewal process if you would like to remain in the U.S. You can apply for an extension to continue your H-1B status and renew your EAC, or Employment Authorization Card, for up to three additional years.
USCIS allows H-1B holders to apply for an extension starting at six months before their visas expire. Because it can take a few months for USCIS to process applications, especially without premium processing, apply as soon as you fall within six months of your expiration date.
Discuss sponsoring your visa extension with your employer to determine if they can file the extension or if you will have to look elsewhere.
Yes, visa-holders can continue to work during the extension application process. As long as your application is submitted before your visa and I-94 expire, you will continue to have legal status to work in the country.
The I-94 is an arrival and departure document issued by Customs and Border Patrol. If there is an exit date present on your I-94 form, you must ensure you submit your renewal application before that date.
USCIS allows H1-B visa holders who file for an extension to work in the U.S. for up to 240 days as there are often application processing delays.
Time flies when you are having fun – or working hard! Six years may feel like a lifetime, but fly by quickly.
You can only file for one H1-B visa extension, which means that after six years one of the most common ways to extend your time in the U.S. is to apply for a Green Card.
If you are seeking a Green Card after your six years under the H-1B visa, you can apply through the employment-based category. Note, however, that there are very strict quotas for Green Cards every year.
The government allocates 140,000 employment-based Green Cards every fiscal year. There is also a limit to how many successful applications are allowed from each country.
Current law states green cards issued to any country must not exceed 7% of the total quota. If the total amount of visas issued is 140,000, the maximum number of successful applications from any single country, therefore, cannot exceed 9,800.
These criteria can pose a challenge for people from densely populated countries such as India and China.
The H-1B visa offers skilled workers from around the world the chance to work and live in the U.S. It also benefits American companies that can hire talented individuals with skills that are scarce among the domestic workforce.
While the process of applying and obtaining the visa may appear daunting, this guide is intended to help simplify the process of starting your new life in the U.S. After you have been approved for your H1-B visa and are preparing to travel to the U.S., consider how you will live during your stay — especially how you manage your finances from setting up a bank account to managing your credit. In the U.S., credit history is important in securing things necessary for everyday life from credit cards to utilities and even your apartment.