H-1B Visa Application
The H-1B Visa is used by foreign professionals who are sponsored by a U.S. employer to work in a specialty occupation in the U.S. An H-1B visa is generally valid for three years and can be extended for an additional three-year period. An employer may sponsor an H-1B employee for a Green Card, if desired.
In order to qualify for an H-1B visa, the applicant must hold at least a Bachelor’s degree and the U.S. position must require at least a Bachelor’s degree. The U.S. employer must agree to pay the H-1B employee at least the prevailing wage earned by similarly employed workers in the area of employment and must make other attestations as stipulated by the Department of Labor. Individuals seeking a U.S. work visa who do not qualify for H-1B status should explore alternate visa options, such as the L-1, or TN visa.
Only 65,000 H-1B visas are issued each year. In past years, the demand for H-1B visas has exceeded supply to such an extent that all available visas have been exhausted in days. This has resulted in the administration of a “lottery” system, whereby USCIS only completes processing on randomly selected applications. Applications that are not selected in the years that the lottery stems is in place are rejected. Because so few H-1B visas are available, successful H-1B visa applicants have had to approach the H-1B visa application process with foresight and a calculated strategy.
The H-1B application process is complicated not only from a timing perspective, but also because a number of forms are required, and applications must be filed with both U.S. Citizenship & Immigration Services and the Department of Labor.
The process of applying for an H-1B visa involves careful preparation and strategy. In years where a lottery system is in place, it is vital to submit a flawless application the first time. Mistakes and miscalculations in submission of the H-1B visa application process can mean that a visa applicant must wait for an entire year before he or she is eligible to submit another visa application.