H-1B Visa Application Process

The H-1B visa (or “Specialty Occupation” visa) is one of the most popular temporary worker visas, used for those in professional or specialty occupations.

H-1B is a visa that allows U.S. employers to temporarily hire foreign workers in their specialty occupations. It is required that the applicant possess specialized knowledge and a bachelor’s degree or the equivalent of work experience. A person in H-1B status must be continuously employed by an employer in order to maintain their H-1B status. If the person’s employment ends for any reason, the person will have to leave the United States, unless the person is granted a change of status or finds another employer compatible with the H-1B status.

H-1B Visa Application Process

1: Finding an H-1B Sponsor

The H-1B visa is a work visa requiring the applicant to be sponsored by a US employer to apply. Therefore, someone who wishes to enter the US through an H-1B visa needs to gain employment from a US employer who will be willing to sponsor you into the US.

2: Employer Submits Labor Conditions Approval (LCA)

Employer is required to first obtain a Labour Certification Application from the Department of Labour. This application is an assessment of the job being offered, Employer is required to pay you an income that is according to the prevailing wage or the employer’s actual wage for the position.

3: Employer Submits Form I-129

Once the LCA approved, the employer will then file the Petition for a Nonimmigrant Worker, Form I-129. To complete this step, the employer must include the fees, education and experience evaluation and documents, training certificates, any professional membership documents, the applicant’s resume, and letter of support.

The processing time for the petition to be processed varies depending on the service center, and there is premium processing available for an additional fee.

4: Applicant Completes Application at a US Consulate

Once the petition is approved, then the last step is for the applicant to process their visa at their home country’s US embassy office or consulate. This normally takes 2 to 3 days, but again varies based on the location.

The information is provided for general informational and educational purposes only and is not a substitute for professional advice. Before making any decision, consult with the appropriate professionals. Please refer our Disclaimer for details.

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