USA Skilled Migration

The H-1B visa allows foreign workers belonging to certain specialty occupations, to work for an employer in the USA who cannot find suitable U.S. workers for the position. In this sense, the visa functions as a work permit. H-1B visas are available for various types of specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, architecture, engineering, mathematics, science, and medicine. Any job could come under the H-1B visa requirement as long as it is a graduate level job.

In order to qualify as a specialty occupation the position must meet the following criteria:

1. Have a minimum entry requirement of a Bachelor’s or higher degree or its equivalent.
2. The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.
3. The employer normally requires a degree or its equivalent for the position.
4. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

Duration of Stay

Initially, the visa is valid for a three year period. This duration can be extended to six years – or even further, in some cases. During this period, the employer could sponsor the worker for a Green Card USA, which grants permanent resident status. After completing five years as a permanent resident, the worker can apply for citizenship.

If the employee resigns or their employment is terminated while living in USA as a non-immigrant, they can:

Secure another job within 60 days and file fresh paperwork, or
Apply to change their status from ‘non-immigrant’ to immigrant or Green Card status; or
Return to the home country (or be deported). If the employee was terminated, the employer bears the reasonable cost of return travel.

Application Process, Fees and Processing Time

Step 1: The visa aspirant must find a U.S. sponsor who is willing to sponsor the visa application of a foreign worker, and conduct the H-1B visa process on behalf of the worker.

Step 2: The employer must apply to the Department of Labor for certification of a Labor Condition Application (LCA), to sponsor workers in specialty occupations or fashion models. The LCA is approved if the employer agrees to comply with labor requirements related to wage, working conditions, place of employment, etc.

Step 3: The employer has to submit Form I-129 (Petition for Non-Immigrant Worker), the certified LCA, supporting documents, and the form filing fees ($460 – which is the H-1B visa cost) – to U.S. Citizenship and Immigration Services. The processing time may last for 3 to 4 months, but candidates can pay an additional amount for premium processing ($1,440) to have the petition processed within 14 days.

Step 4: If this petition is approved by USCIS, the employee must complete the visa process by visiting the U.S. consulate or embassy in their home country and (if required) applying for the H-1B visa to USA’s Department of State. This typically requires 2-3 days, but may vary depending on the location. Subsequently, the worker must apply for admission to USA to Customs and Border Protection.