H1B Visa Application
(Specialty Occupations)

This page gives an overview of H-1B visa application process which includes the steps to apply for H-1B visa

Introduction:

H-1B visa is a non-immigrant visa set aside for foreign workers in "specialty occupations". Every year, a maximum of 65,000 H-1B visas are issued. Initially, h1b work visa is issued for a period of three years, but may be extended. Established by the USCIS, H-1B visa are normally given to professionals who have practical work experience in the following fields

• IT / Computer professionals
• Engineers
• Financial analysts
• Accountants
• Nurses
• Surgeons
• Foreign Law advisors
• Scientists
• Psychologists
• Healthcare workers
• Dentists
• Architects
• University professors and teachers
• Technical Publications Writer
• Vocational Counselor

Overview of H-1B Visa Application Process:

You cannot apply for an H-1B visa as an individual. In order to apply for H-1B specialty workers visa, you need a U.S. employer to sponsor who is willing to sponsor you for employment in the United States. To sponsor you, the employer must:

• File a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL)
• File a petition for non-immigrant workers (USCIS Form I-129) with approved LCA and supporting documentation with the USCIS.

If you are staying out of the United States, you must take the H-1B approval notice to the U.S. Consulate so as to obtain H1B visa. Otherwise, you can start work for your sponsor as soon as you get the approval notice.

Applying for H-1B Visa:

Applying for H-1B visa doesn’t need to be complicated. The application form may be rejected if it is found incomplete or contains erroneous data. So, be cautious while filing the application for H1B work visa.

• The employer files the petition on behalf of the prospective employee. The employer may be partnership or corporation. The application should be job specific and must mention the work position, the exact date of employment and other information related to the job.
• The employer files Labor Certification Application (LCA) in which the employer gives information about the company and agrees to certain conditions mentioned therein. The employer must prove to the Department of Labor that the wage level offered to the h1b employee is greater of actual wage being paid. Also, the employer must prove that the working conditions offered will not adversely affect other workers similarly employed.
• Upon the approval of LCA, the DOL will send a certified copy to the employer.
• Once the approval of LCA is received, the employer files a petition for H1B visa with the USCIS. The petition should be filed along with supporting documentation. Visit H-1B Document Requirement List page to view the list of documents to be submitted. H1B work visa applications can be filed in two ways.

  • Regular Service
  • Premium Processing Service

• The entire process may take a few months. Processing time will be much greater, if the applications are filed using regular service. It is advisable to opt for premium processing service, if the employer requires faster processing. To know more about premium processing, visit H1B Premium Processing page.
• Upon the approval of H-1B visa petition, the H1B beneficiary then applies for personal and family visas at the Consulate.

Do you want further explanation about H-1B visa? Please contact us at 1800 258 1036 for a more thorough explanation.

Immspec.com specializes in the field of immigration services. Our services are offered in various streams like immigrant visas, non-immigrant visas, and green cards such as family-based green card, employment-based green card etc. At Immspec.com, we provide accurate preparation of your H-1B visa application. We have a team of experts to guide you in preparing and filing your visa petition.