The H1B visa is a special kind of employment-based visa that permits the visa holders around the world to work in the United States for a fixed time-frame on a temporary basis. H1B is one of the most famous work visas specially designed for the foreign workers with specialised skills and knowledge. This visa gives the opportunity to foreign professionals/specialists/experts to work in the United States. Also through H1B visa, employers can hire foreign professionals to work in special occupations and the temporary workers hired will be eligible to acquire a U.S. position based upon his/her abilities and specialisation. So as to be qualified for the H1B visa, the U.S employer and the desired candidate should be committed to the terms and conditions of the USCIS. The employer has to offer a job in the U.S and apply for the petition with the immigration department on behalf of the employee. Once the petition is approved, it will act as a work permit that will allow the employee, so that he/she can obtain a visa stamp and work in the U.S.
However, the employer needs to submit a Labor Condition Application to the department of labor before initiating H1B application with the USCIS. This is the foremost step in the H1B visa program.
The H-1B nonimmigrant visa is in demand due to its portability, flexibility and comparatively low requirements. The process to obtain this visa is different from any other visa due to its popularity. There are two major factors which further decides the overall processing of this particular visa.
It can be interpreted therefore that to start the process of H-1B visa, the applicant must have a U.S employer who is ready to file the petition on behalf of the potential employee. Once the employee finds the employer who fulfills this requirement, it becomes important to receive a Labor Certification Application and after this the employer can submit the H-1B petition to the Immigation department of the U.S.
The H-1B quota, often termed as H-1B Cap is a method adopted by the USCIS to select the no. of foreign professionals/employees. It is based on a random selection method. At present the H-1B cap covers about 85,000 visas in total which includes 65,000 for regular petitions (bachelor’s or any equivalent degree) and 20,000 petitions for professionals with master’s degree or any higher degree in the required field.
Please note that any applicant with a master’s degree or higher degree comes into the category of Master’s cap. If the petition is not selected under the master’s cap then it has the option to enter the regular cap of remaining 65,000. That’s why H-1B is the most popular option as it will increase your chance of selection and work in the United States.
There are various types of organisations/institutions that are excluded from the H-1B visa cap. These are listed below-:
The H-1B visa allows you to stay and work in the United States upto a period of three years. However, with this visa comes the option of extension and therefore you can extend your stay in the U.S for a period of upto six years but it can not go beyond the limit of six years. There are some exceptions which are applicable under the sections 140(c) and 106(a) of the AC21 (American Competitiveness in the Twenty first century Act)
Please note that if by any chance your employer tends to terminate you from the work before your authorized mentioned stay in the U.S then, your employer will be responsible for all the expenses incurred during the transportation to the home country. However, if you decide to resign voluntarily before the mentioned period then you will be responsible to pay your expenses.