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H1B visa Sponsorship: Everything You Need to Know

H1B visa Sponsorship: Everything You Need to Know

H1B visa Sponsorship : If you are new to the H1B Visa work visa procedure, you may have numerous questions about what the visa is, its requirements, fees, cap, and so on. It can be overwhelming for someone who is unfamiliar with the process. To assist everyone, we compiled a list of frequently asked questions about H1B visas and released this post.

What is H1B Visa? 

H1B visas are temporary work visas that allow foreign people with specialised talents to work and live in the United States. There are many different non-immigrant work visa kinds, but this is one of the most commonly used by many multinational companies, students studying in the United States, and international professionals working outside the United States.

Requirements for H1B Visa?

Because the H1B Visa is for specialised talents, you must have a bachelor’s degree or above and the job offered to you must be in the specialised skills category. Your degree must be from an approved institution. If you received your bachelor’s degree from a non-US university, it must be on par with or equivalent to a US bachelor’s degree.

Also, if the work requires you to have a licence to practise in particular medical or legal sectors, you must have that as well. If the applicant does not have a bachelor’s degree, a candidate with extensive experience may be eligible for an H1B visa. In such instances, one year of education is equivalent to three years of relevant job experience. All of the Official H1B Requirements can be found on the USCIS website.

Who can sponsor H1B Visa? Employer? Company?

H1B visas might be sponsored by a US-based company or an international corporation with US operations and offices. You cannot sponsor your own H1B visa. Furthermore, your family members in the United States cannot sponsor your H1B visa.

Who is Employer / H1B Sponsor ? 

The company that is sponsoring your H1B visa is known as an employer or H1B Sponsor. They are the firm who made you the job offer, and they are the ones who are filing the H1B visa on your behalf to allow you to work for them in the United States.

Can any company in US sponsor H1B visa ?

In theory, any corporation with an office in the United States can sponsor an H1B visa. It might range from a small number of employees to hundreds of thousands. The USCIS has put out several standards so that the firm filing your visa can pay you and afford you, as it is their job to ensure you are paid in the US as per the US Department of Labour, which is managed by something called LCA, more details below.

What is H1B LCA? Why required?

LCA is an abbreviation for Labour Condition Application. It is a required document that the H1B Sponsor or employer must file with the US Department of Labour before submitting the H1B petition to USCIS for any non-immigrant worker. Employers submit H1B LCAs to the US Department of Labour FLAG System. Processing takes roughly 7 days.

It is necessary to ensure that overseas workers receive comparable salary and working conditions as US workers. It contains information such as wage, location, and so on. For further information, see the article Why LCA is essential. Salaries, forms submitted, and processing time

What is H1B Visa Cap ? Regular vs Masters quota?

The phrase “H1B Visa Cap” refers to the total number of H1B visas determined by Congress for this visa category each year. It is divided into two categories: ordinary quotas and masters quotas. There is also a unique reserved quota for Singapore-Chile under Regular quota. H1B visas are listed below.

  • normal Cap: Also known as general quota/cap, normal quota, or non-advanced degree quota/cap. The annual cap has been set at 65,000.
  • Advanced Degree Cap: Also known as Masters’ Quota/Cap, US Masters Degree Cap, and so on. The annual limit is 20,000.
  • Chile-Singapore cap : The number of applicants from Singapore and Chile. The annual cap is 6,800, which is deducted from the Regular Cap.

What is H1B Visa filing fee ? Who Pays ?

The sponsor/company incurs numerous expenditures to file an H1B visa petition for an employee, ranging from the application filing fee with USCIS for the H1B petition to the charge for the attorney to file the same. The H1B filing fee can range from $1,710 USD to $7,910 USD plus the Attorney fee (if applicable) depending on the size of the organisation. Full details can be found at H1B Filing Fee Details – Who Pays for What?

Who pays for H1B filing? 

It is the employer’s or sponsoring company’s responsibility to cover all costs associated with filing an H1B visa petition with USCIS. It is prohibited to pay a fee to an H1B sponsoring corporation in order to file an H1B petition. Check out the US Department of Labor’s H1B Online Advisor tool, which will inform you what you can and cannot pay.

When can you file H1B visa ? Anytime During Year ?

New H1B Visa petitions for the first time can only be submitted once a year during a specific time period. In general, you can only apply for an H1B visa 6 months before your start date. Because the USCIS fiscal year runs from October 1st to September 30th of the following year, the date 6 months before October 1st is April 1st. When there was no H1B registration process, you may file an H1B application for the following fiscal year on April 1st.

Now, with the H1B Registration procedure, the submission date for the H1B registration procedure is normally in the month of March each year. It varies by year, so check the USCIS website for the most up-to-date information. Following the registration procedure, selected applicants are notified by the end of March, and they have until April 1st to file an H1B petition.

How long does USCIS Accept H1B Visa Applications ?

The USCIS accepts H1B visa applications until the quota for that year has been reached. Previously, they would accept applications for a minimum of 5 days and up to a few months, depending on demand, in order to satisfy the quota ceiling of 85,000. However, with the establishment of the H1B Visa Registration Process, this changed.

During the H1B registration procedure, USCIS typically accepts H1B registration within 2 to 3 weeks. They are required by law to keep it open for at least two weeks. Their season normally begins in March.

What is H1B Visa lottery ?

If USCIS receives more H1B applications or registrations than the total quota ceiling of 85,000, they will use a random selection method to choose the registrations or applications to fulfil the numerical cap of 85K. This procedure of random selection is commonly referred to as the H1B Lottery. Read more about the H1B Visa Lottery Process and how it works. Read H1B Cap Reach Dates from FY 2000 through 2023 to learn more about the history and trends of the cap reach dates, including the lottery.

When to plan for filing H1B Visa?

Because of the high demand for H1B visas, it is usually advisable to plan ahead of time to avoid problems at the last minute. It should be fine if you start planning in early December or on January 1st. However, having a job offer on hand is always beneficial. Sample H1B Plan with Activities by Month is available.

How to find H1B Sponsors ?

Finding an H1B sponsor is perhaps one of the most often requested questions. One of the simplest is to discover a company that has previously done H1B sponsorship and acquire a position with them so that they can file the H1B petition for you. Another alternative is to do an internship in such a company and then ask them to sponsor you. Another alternative is to work for a multinational corporation in your own country and ask them to sponsor your H1B visa. For your convenience, we have an H1B Sponsors Database. For further information, see How to Find H1B Sponsors – Options, H1B Database.

Various Steps after filing H1B Visa?

Your employer/sponsor will be notified of your H1B petition once you file it. If USCIS selects your application for further processing, they will be given an H1B Case Receipt Number. If your petition was not chosen in the lottery, you will receive an H1B Visa Reject Notice. Your task is to stay in touch with your employer and find out the status of the petition. Typically, an immigration attorney will work with your company and should be your point of contact if your employer enables you to speak directly with them.

How to check status of H1B visa  ? Case Number ?

If you are chosen, your employer will provide you with an H1B Case Number, which is a 13-character number provided by USCIS. To learn more, see What is a USCIS H1B Case Number? You can check the status of your case online at the USCIS website. You may even configure alerts. Case Status can be found at USCIS.gov.

What are various H1B Statuses – What do they mean ?

When USCIS accepts an H1B application, it is processed in stages. USCIS provides numerous case statuses for each H1B petition that they are processing, such as “Case Was Received,” “Case Was Approved,” and so on. Read H1B Visa Case Statuses Meaning – Flow to learn more about each of the case statuses.

Processing time for H1B Visa ? Regular vs Premium Process ?

The USCIS accepts H1B visa applications in two categories: ordinary processing and premium processing. There is no SLA from USCIS if you file in standard processing. They can process it in a matter of weeks, months, or years. However, if you file your petition using premium processing, USCIS is required to respond within 15 calendar days. Of course, you must pay an additional cost for this. Complete information may be found at H1B Processing Times – Regular versus Premium- What to Do?

What is an H1B RFE ? Is it Common ?

While your H1B petition is being adjudicated / processed by USCIS, the officer handling your case may not have all of the information needed to reach a decision on your petition. In such circumstances, they may issue a “Request for Evidence” (short form – RFE), and your employer must provide facts. It might be anything from educational documents to client communications. For further information, see the article H1B RFE Common Reasons.

How to expedite H1B processing ? Long wait ? 

If you filed your petition under normal processing and have not received a response from USCIS because of their workload, you can always upgrade your petition to premium processing by paying the appropriate price. After you upgrade your petition, USCIS will respond with a determination within 15 calendar days.

When can you go for H1B stamping after Approval ?

If your H1B petition is approved, you will require an H1B Visa stamp in your passport in order to visit the United States. You must apply for an H1B visa stamping at the nearest US embassy or consulate in your place of residence. You must apply at the embassy for H1B visa stamping within 90 days of the start date on your H1B approval notification. More information When should I apply for H1B Stamping after being approved?

When to enter US after H1B stamping ?

Once your H1B is stamped, you can only enter the US within 10 days of the start date indicated on your approval notification. If you try to arrive earlier than that on an H1B visa, you will be denied entry.

When can you start to work on H1B ? Delayed entry to US ?

Technically, you can begin working on an H1B visa after entering the United States on an H1B visa. The commencement date is normally specified on your H1B approval notice. You or your employer may postpone your entry to the United States at times. You may begin working in the United States on or after the start date specified in your permission notice.

What is Port of Entry?  Process for H1B Visa Holders ?

The port of entrance is the first point of entry into the United States, which could be an airport, a border checkpoint, or a seaport. At this location, you will be interrogated by CBP officers who may ask you questions before allowing you to enter. If everything is in order, they will scan your passport and stamp it with the entrance date. If they suspect something is improper or fraudulent, they have the right to reject you and return you to your home country. You must be prepared and provide the necessary paperwork and information. Check out the H1B Port of Entry Documents Checklist.

What is H1B Visa Transfer ? Change Employers ?

H1B Visa Transfer is the procedure of transferring your work visa to a new employer using your existing H1B petition details. Technically, there is no transference; yet, it is a commonly used term…Your new employer will file a new / fresh H1B petition, however the twist is that you will not have to go through the lottery again, and they will use the old H1B petition number to consider you counted against the H1B cap. More information can be found at H1B Transfer Options for Employers in the United States and Abroad.

What is the maximum time limit to work on H1B visa in US ? 

According to regulations, you can work on an H1B visa for up to six years and remain in the United States. USCIS typically provides three years for the initial petition and additional three years for extensions of H1B status. Typically, most H1B visa holders work with companies and apply for green cards in order to continue working on an H1B visa for another 6 years and remain in the United States. If you do not receive a green card during the next six years, you must leave the country and stay outside the country for one year before applying for another H1B visa.

 

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