What Are The Requirements For H-1B Visa

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The H-1B visa is a nonimmigrant visa (temporary visa) that is designed for those with specialty occupations to work in the U.S. If granted, you will be able to work for an initial period of three years with the opportunity to get an extension for three more years for a six-year maximum.

If you meet the H-1B requirements, then your employer (not you) must file an I-129 petition with the USCIS on April 1st of the year that you wish to start working. Due to the overwhelming number of petitioners that apply each year, your petition will be entered into an annual lottery in which only 85,000 petitions will be randomly selected in two caps. Check for H1B Visa Evaluation in UT Evaluators

The first cap has 20,000 slots available for those with advanced degrees. Any petitions for those with advanced degrees that were not selected in this master’s cap will be resubmitted to the regular cap of 65,000, giving them a second shot at being selected. The only way to avoid this cap is to have a job that is for an institute of higher education, a non-profit organization that is associated with an institute of higher education, or a governmental research organization. Also, if you have already been counted against the cap, all subsequent petitions will be considered cap-exempt.

If your petition is selected, then it will be processed. If it is then approved, then you will be able to start working on October 1st of the year that you petitioned. This all goes into the overall H-1B requirements because, even if you meet all the qualifications, your petition must still be chosen in the lottery.

LCA

It is also important to remember that each H-1B visa applicant also needs to have their employer file for a Labor Condition Application (LCA) on their behalf. This is similar to the PERM Labor Certification needed for employment-based green cards, but it is a bit less involved.

To obtain an LCA, the employer needs to make four attestations that serve as requirements:

A. That the prevailing wage has been determined for your position in your geographic area and the employer willpay  you this wage as a minimum for your position. For H1B Visa Process Visit here

B. That your employment will not be detrimental to the workers currently working for the employer.

C. That no strike is currently taking place. Essentially, the employer must show that you will not be replacing striking workers.

D. That all of the workers currently employed with the employer have been notified of the intention to hire you.