H-1B Visa Guide

For many Indians, the journey from the Taj Mahal to the Statue of Liberty requires navigating through different pathways of visas. Everybody wants to live the American dream and no doubt, the United States (U.S. or USA) is a land of boundless opportunity that beckons to Indian dreamers. With H-1B visa in hand, working in the U.S. won’t seem like a dream anymore. The H-1B visa is a lottery ticket to this dynamic country for talented individuals ready to embark the American working environment.

The B-1/B-2 are the U.S. tourist visas for Indian nationals that open doors to explore sights like the Grand Canyon, the vibrant Las Vegas, or the bustling streets of New York City and Chicago where towering buildings almost pierce the sky. The F-1 is U.S. student visa that offers Indian students a chance to study in top-tier colleges/universities.

But what does H-1B visa mean and how to obtain this visa? We’ll tell you all about it here.

The H-1B visa is a non-immigrant visa category that allows U.S. employers to temporarily employ foreign workers in specialty occupations.

Here are some of the key points about the H-1B visa for Indians:

• Employer sponsorship: The H-1B visa is employer-sponsored, which means that a U.S. employer must apply for the visa on behalf of the foreign worker they wish to hire.
• Specialty occupations: To qualify for an H-1B visa, the job being offered must be a specialty occupation.
• Educational requirements: The employee must possess at least a bachelor's degree or its equivalent in the specific field of the job. In some cases, relevant work experience can be substituted for the educational requirement.
• Duration of the H-1B visa: H-1B visas are initially granted for up to three years, and they can be extended for another three years, for a maximum total stay of six years. There are some exceptions to this rule, such as if the H-1B holder is in the process of obtaining permanent residency (a green card).
• H-1B visa lottery: There is an annual cap on the number of new H-1B visas that can be issued. As demand often exceeds the cap, a lottery system is used to randomly select applications for processing.
• Dual intent: Unlike some other non-immigrant visas, the H-1B visa allows for "dual intent”. This means that individuals on H-1B visas can pursue permanent residency (green card) while in the U.S. without jeopardising their non-immigrant status.
• Dependents: H-1B visa holders can bring their spouse and unmarried children under the age of 21 to the U.S. on H-4 dependent visas. However, H-4 visa holders were earlier not allowed to work but this rule has changed over the years, and certain H-4 visa holders are now eligible for employment.
• Employment changes: If an H-1B visa holder wants to change employers, the new employer must file a new H-1B petition on their behalf. However, certain portability provisions allow H-1B holders to begin working for a new employer as soon as the new employer files a petition.

Note: To get the most current and accurate information about the H-1B visa, it is recommended to check with the U.S. Embassy and Consulates in India.

The H-1B visa lottery is a random selection process (computer-generated). This cap is intended to control the number of foreign workers who can enter the United States under the H-1B visa programme.

• Regular Cap: The regular cap for H-1B visas is set at 65,000 visas per fiscal year, including for the year 2024. These are available to foreign nationals seeking employment in specialty occupations.
• Master's Cap: In addition to the regular cap, there is an additional allocation of 20,000 H-1B visas for foreign nationals who have obtained a master's degree or higher from a U.S. institution of higher education. This is known as the "master's cap”.

Given the high demand for H-1B visas, the number of petitions submitted often exceeds the available visas. When this happens, a lottery system is used to randomly select the petitions that will be processed for adjudication. The lottery is conducted to determine which petitions will have a chance to proceed through the H-1B visa application process.

The lottery process generally works as follows:

• Initial registration: Employers seeking to sponsor foreign workers for H-1B visas must first register their prospective employees with the U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. This includes basic information about the employer and the beneficiary (the prospective H-1B worker).
• Lottery selection: After the registration period, if the number of registrations exceeds the available visa cap, USCIS conducts a random lottery selection to determine which registrations will be selected for further processing. First, the master's cap lottery is conducted, and any unselected registrations are then included in the regular cap lottery.
• Selected petitions: The selected registrations are notified and are eligible to submit H-1B visa petitions within a specified time frame.
• Petition submission: Employers with selected registrations then submit full H-1B visa petitions, including all required documentation, during the designated filing period.
• Processing H-1B visa: USCIS reviews and adjudicates the submitted petitions. If approved, the H-1B worker can start employment on the specified start date.

The H-1B visa application process begins several months before the intended start date of the employment. The application window, known as the "filing period", opens around mid-March and early-April. So, make sure to finalise all necessary documents and details for the H-1B visa, and be prepared to submit as soon as the filing period opens.

To apply for the H-1B visa, you need to first create a USCIS account online. Here is a step-by-step guide to H-1B visa electronic registration process:

• Go to my.uscis.gov 
• Click sign up and follow the instructions to create your account
• If you have an account, choose how you’d like to receive your verification code
• Enter your verification code and click submit
• Next, select ‘H-1B registrant’
• Click ‘file a registration’
• Scroll through the page and click ‘next’ to create your registration
• Provide your and your beneficiary’s information
• Review and save
• Next, you will electronically sign and certify the registration
• The final step is to pay a fee of $10 (for each registration)
• You will see a message of successful registration on the screen

To check your status, you can go in to your account anytime. Here is a detailed video presentation for registration.

Once the application is selected in the lottery, the processing time for H-1B visa can vary. It's advisable to start the process well in advance to ensure that all necessary documents are ready and submitted on time.

In cases where you are not selected in the H-1B visa lottery, USCIS will return your petition and the filing fee. If your goal is still to work in the U.S., you can prepare for future H-1B lotteries. You can also explore alternative visa options that might be available to you. Depending on your qualifications and circumstances, you might be eligible for other types of work visas.

To be eligible for an H-1B visa, both the foreign worker and the sponsoring employer must meet certain criteria. Here are the key eligibility requirements:

For the foreign worker:

• Have a job offer in hand: The applicant must have a job offer from a U.S. employer for a position that qualifies as a "specialty occupation".
• Educational qualification: The applicant should possess the required educational qualifications for the specialty occupation. This typically means having a bachelor's degree or higher in a relevant field.
• Past work experience/internships: If the applicant lacks the required degree, they may be able to demonstrate equivalent work experience that is relevant to the job.
• Employer sponsorship: The applicant must have a U.S. employer who is willing to sponsor them for the H-1B visa by filing the necessary petition.

For the sponsoring employer:

• Must run a legitimate business: The employer must be a legitimate, established business operating in the U.S. They should have the capacity to hire and pay an H-1B employee
• Necessary hiring need: The employer must have a legitimate need for the services of a foreign worker in a specialty occupation.
• Labor Condition Application (LCA): The employer must file an LCA with the U.S. Department of Labor. This application includes details about the job, wages, and working conditions.
• Provide payment of prevailing wage: The employer must agree to pay the H-1B worker the prevailing wage for the specific occupation and location. This is to ensure that the H-1B worker is not undercutting the wages of U.S. workers.

Note: The H-1B visa program has an annual cap on the number of new visas issued, and the demand often exceeds the available visas. As a result, a lottery system is used to randomly select applications for processing.

The specific requirements and processes may change, so it's recommended to consult the USCIS website or seek advice from immigration attorneys for the most accurate and up-to-date information.

From any other country, need to provide a set of documents to support their eligibility and application. These documents are crucial for demonstrating qualifications, nature of the job, and the relationship between the applicant, employer, and the position offered.

Here are some of the documents required by Indian nationals for H-1B visa:

• Valid passport: A passport with a validity date beyond the intended stay in the U.S.
• Form DS-160: The completed Form DS-160, which is the online non-immigrant visa application form.
• H-1B petition approval notice (Form I-797): A copy of the H-1B petition approval notice issued by USCIS.
• Labour Condition Application (LCA): A copy of the certified LCA, which outlines the terms and conditions of the employment, including the wage being paid.
• Employment offer letter: A letter from the U.S. employer offering the job to the H-1B applicant. This letter should detail the job responsibilities, compensation, and other relevant information.
• Educational documents: Copies of educational certificates, degrees, and transcripts to prove the applicant's qualifications for the specialty occupation.
• Work experience documents: If applicable, documents proving relevant work experience that qualifies the applicant for the job.
• Resume/CV: A detailed resume or curriculum vitae outlining the applicant's professional experience and qualifications.
• Valid passport photos: Recent passport-sized photographs that adhere to the specifications outlined by the U.S. Embassy or Consulate.
• Visa application fee payment: Receipt of the visa application fee.
• Visa appointment confirmation: A copy of the appointment confirmation for the visa interview.
• Any additional supporting documents: Depending on the specifics of the case, additional documents might be required to support the application, such as letters of recommendation, certifications, and any other relevant documentation.

The H-1B visa process involves several steps and begins with a U.S. employer who wants to hire a foreign national in a specialty occupation.

Scroll below to get an overview of the H-1B visa process for Indians:

• Job offer: The process begins with a U.S. employer offering a job to a foreign national that qualifies as a specialty occupation. The candidate must have at least a bachelor's degree or its equivalent in a specific field of study.
• Labour condition application (LCA): Before filing the H-1B petition, the employer must submit an LCA to the U.S. Department of Labour. The LCA outlines the terms and conditions of the employment, including the wage to be paid to the H-1B employee. The employer must also attest that hiring the H-1B worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
• H-1B petition: Once the LCA is certified, the employer files an H-1B petition (Form I-129) with USCIS. The petition includes details about the employer, the position, and foreign worker's qualifications. This petition should also include supporting documents like educational degrees, work experience, and any required licenses.
• Selection and approval: If the number of H-1B petitions exceeds the annual H-1B visa cap, USCIS conducts a lottery to select the petitions that will be processed. If the petition is chosen and approved, USCIS issues an approval notice (Form I-797).
• Visa application: If the employee is outside the U.S., in India for example, then they must go through a U.S. Embassy or Consulate in your city to obtain the H-1B visa stamp. If the employee is already in the U.S. on another valid non-immigrant status, they can file for a change of status to H-1B.
• Visa interview: The Indian national will have to attend a visa interview at the U.S. Embassy or Consulate. During the interview, they will be asked about their qualifications, the job, and other relevant details. They should bring all required documents, including the approved H-1B petition.
• Travel and entry to the U.S.: Once the H-1B visa is stamped, the worker can travel to the U.S. and present the visa and approval notice to the Customs and Border Protection (CBP) officers at the port of entry. The CBP officers determine the length of stay based on the approved petition.
• Extension and green card process: H-1B visas are initially granted for up to three years and can be extended for a maximum of six years. During this time, the H-1B visa holder and their employer might decide to pursue permanent residency (a green card) through a separate process.

It's important to note that the H-1B process can be complex, and each case can have unique circumstances.

Tip: Hire an immigration attorney to ensure all requirements are met and the process goes smoothly.

The H-1B visa can offer several benefits to Indian professionals seeking employment opportunities in the United States. It has been a popular choice for many skilled Indian workers due to the following advantages:

• Job opportunities: The U.S. is a hub for technology, research, and innovation, offering a wide range of job opportunities in fields like IT, engineering, healthcare, and finance. Indian professionals with specialised skills and qualifications can find numerous job openings that match their expertise.
• Professional growth: Working in the U.S. can provide Indian professionals with exposure to cutting-edge technologies, methodologies, and industry practices. This experience can significantly contribute to their professional growth and skill development.
• Global experience: Working in the U.S. can provide Indian professionals with valuable international experience, enhancing their resume, and making them more competitive in the global job market.
• Skill enhancement: Many U.S. workplaces emphasise continuous learning and professional development. Indian workers on H-1B visas can benefit from training programmes, workshops, and certifications that help them enhance their skills and stay updated in their field.
• Opportunity for green card: While the H-1B visa is a non-immigrant visa, it allows the holders to apply for permanent residency (a green card) while working on the H-1B visa. This pathway can provide a long-term opportunity for Indian workers and their families to establish a permanent life in the U.S.