The H1B visa category is a nonimmigrant classification that applies to individuals who want to come to the United States to work in a specialty occupation, which requires higher education degrees or specialized skills that not many people can perform successfully.
In this article, you will discover how to apply for the H1B visa for USA.
Understanding the H1B Visa – An Overview
It is not possible to self-petition an H1B visa, which means a qualified US employer must initiate the process with the US Citizenship and Immigration Services (USCIS).
In such cases, the employer must have an open job position and demonstrate it was not possible to find a US employee who is qualified enough for the job. After the employer opens a job position, he will receive applications from various H1B applicants.
Subsequently, if a foreign national fulfills the requirements for the job, the eligible applicant can apply for an H1B visa with the USCIS.
Understanding the Petitioning Process for H1B Employers
First, H1B employers must get an approved Labor Conditions Application (LCA), which they can file with the US Department of Labor (DOL). After receiving approval from the DOL, it is time to offer a job to foreign nationals by filing Form-129 (Petition for a Nonimmigrant Worker).
Along with Form l-129, the petitioner must include other required documents and fees, such as:
- I-129 Form filing fee
- Fraud Prevention and Detection fee
- Evidence that the foreign worker meets the educational qualifications (e.g., diploma)
- A copy of the foreign worker’s passport
- A copy of the contract signed by the employer and employee
- The company’s internal tax returns
Handling all the paperwork involved in the process may not be easy, so we recommend you work with an expert immigration attorney in Florida. After preparing the paperwork, the petitioner must submit it at the closes USCIS unit in the area they are.
Upon receiving the petition, USCIS will review the paperwork to determine whether or not the job offer is real, and then approve or deny it. Once USCIS approves the petition, they issue a Form 797 indicating the employees can start to apply for an H1B visa.
Understanding the Application Process for H1B Employees
Once an employer’s petition is approved by USCIS, applicants can start applying for the job offer. Firstly, applicants need to file Form DS-160 (Online Nonimmigrant Visa Application), which is the most crucial part of the whole process.
While filing Form DS-160, it is crucial to follow all instructions accurately and provide all required information. At this phase, it is crucial to work with an expert immigration attorney in Florida to increase your chances of success.
Also, applicants need to schedule an interview during this procedure. The ideal approach is to schedule the interview as early as possible, as US Embassies need time to process each applicant’s application. Hence, the earlier you make the appointment, the better.
Then, it is time to pay submit the application with all required documents and any necessary fees. The list of required documents for an H1B visa application is extensive, including:
- The applicant’s current passport (with a copy)
- All the applicant’s previous passports
- Receipts showing the applicant has paid all required fees
- A photograph of the applicant (make sure to meet the Digital Image Requirements)
- The interview appointment letter for the H1B category (with a copy)
- Form l-129 (printed, with a copy)
- Form l-129 receipt number (printed)
- A copy of Form I-797
- A letter from the applicant’s employer with a detailed job description
- The applicant’s qualifications (e.g., certificates, diplomas, etc.)
Foreign nationals who worked in the United States on previous occasions will also need to submit:
- The applicant’s tax return forms
- Information about all previous US employers and supervisors (e.g., name, contact, etc.)
- A detailed CV/resume
- The applicant’s pay stubs for the past 12-month period
After submitting all required documentation, it is time to attend the H1B interview at the scheduled date. Fundamentally, applicants must have their documents in hand during the interview. Also, H1B applicants must prepare themselves to answer extensive questions about their professional life.
Ultimately, there is plenty of detail and complexity involved in an H1B visa application, so make sure to work with an expert immigration attorney in Florida to increase your chances of success.
How to Apply for the H1B visa for USA – Work with Jurado and Farshchian, P.L.
At Jurado & Associates we can help you throughout the whole process to obtain your H1B visa in Florida. Call Attorney Romy B. Jurado today at (305) 921-0440 or send an email at Romy@juradolawfirm.com to schedule a consultation.