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H1B Visa Process & Other Must-know Details
February 3, 2022
5 mins
small woodden blocks with alphabets arranged as H1B Visa on USA flag background

In this blog, we have discussed the following details:

Every year, thousands of foreign workers come to the US to work for their American employers. The H1B visa issued by the United States government opens many doors of opportunities for millions of such aspirants. If you have the right education, the H1B visa can also be your golden ticket to kickstarting a flourishing career with your dream American employer.

Learn more about the most covered H-1B visa.

The process of H1-B visas is quite complex. Our article will fill you with all the minute details you need to ensure that your H1B visa processing goes on without any complications.

Understanding the H1B Visa Process

If you are a student or a graduate looking to work in the US, your first and most important requirement is an H1B visa issued under the United States Immigration and Nationality Act. H1B is a non-immigrant visa that allows US employers to give jobs to foreign nationals in special occupations for a specific duration. The employee must work in a field requiring specialized knowledge. Therefore, they will be someone who fulfills the job requirements that remain unfulfilled by a US-based employee.

How to apply H1B visa? Applying for an H1B visa is a four-step process. The details of each process are given clearly below:

Step 1: Applicant finds a sponsor

It is mandatory for everyone who wishes to work in the US to find a US-based employer willing to sponsor their H1B visa. Can prospective employees try to acquire an H1B visa on their own? The answer is no. Since H1B is a work visa, the rules require the applicant to be sponsored by their employee who is based in the US. It is also important to ensure the US employer is willing to sponsor your H1B visa.

Step 2: Employer submits the LCA.

In the second step, your US-based employer must submit a petition by following these steps:

1. File a Labor Condition Application (LCA) with the US Department of Labor for a Labor Certification or LC. The employer must also confirm that they will comply with the following labor rules and requirements:

  • Pay fair and appropriate remuneration for the foreign employee
  • Provide the appropriate job benefits
  • Ensure a discrimination-free and safe work environment

Employers who violate these terms and conditions will be penalized or curtailed from sponsoring H1B workers.

2. Fill a petition with the United States Citizenship and Immigration Services (USCIS)
Once the employer receives the Labor Certification, they should file Form I-129 and provide all the supporting documentation. Details for Form I-129 include the employee's:

  • Contact information
  • Home country
  • Work credentials
  • Employer's information
  • Details of the job

Form I-129 must be accompanied by a Labor Condition Application Certification and the fees, which will amount to a base fee of $460.

Step 3: Wait for a review from the USCIS.

The USCIS will either grant or deny the H1B visa approval only after thoroughly reviewing the petition and determining if the job is speculative or real. The H1B visa lottery system is the process through which the USCIS selects the applicants for an H1B visa. All employers and applicants have to wait until this process is complete and the H1B visa is approved. Once the approval comes through, the USCIS will issue a Form I-797 indicating the employee can commence the application procedures.

Step 4: Employee obtains H1B visa

Approval of Form I-129 by the USCIS allows the employee to commence their job on the date indicated on the form. If the employee is already in the US, they must have the H1B visa to travel abroad and re-enter the country.

Also Read: The Vital Role Played by H1B Visa in the US Tech Industry

H1B Visa Application: The Important Steps Involved

US H1B visa application is an important process that requires the involvement of both the employer and the employee. The employee must:

  • Fill Form DS-160 and provide all the accurate information. H1B visa application, also known as Form DS-160, can be accessed via the Department of State website. The employee must fill out the online form with all the necessary details.
  • Take a printout of the filled form after receiving a 10-digit barcode confirmation. This printout is necessary to set up your visa interview appointment.
  • Pay the fees for the H1B visa processing. A basic fee of $300 is collected, and it can be processed electronically.
  • Schedule your H1B visa interview with the US Embassy. It is better to schedule the interview as early as possible as the Embassy takes time to process each request.
  • Attend the H1B visa interview process on the time and day scheduled by the Embassy. Carry all the originals and enough photocopies of the necessary documents.

The H1B visa interview questions will be largely based on your personal information, academic qualifications, and prospective employer. This interview is the final phase before the H1B visa is issued. If you are a first-time applicant, your fingerprints will be collected and saved in the US system.

H1B Process & Approval Details

The processing time for all H1B Visas is not the same. They may vary according to your location. Most applicants look to expedite the processing time by electing for Premium Processing. However, this processing comes with an additional fee charge and does not guarantee approval. If you are willing to pay the additional fees to expedite the process, you should submit a Form I-907, also known as a Request for Premium Processing Service. This I-907 form can be filed with your Form I-129 if it is still pending with the USCIS. Premium processing allows the petition to be processed within fifteen calendar days.

H1B Visa Approval

To track your H1B Visa passport status, you can use the following link:

It is very important to fill in accurate details while filing for your H1B visa. Your H1B application can be rejected for issues regarding fee payment, false documentation, incorrect documentation, and fraud suspicion. If your application is rejected, you will not be allowed to enter the US. Therefore, kindly obtain all the necessary information from the US Embassy before commencing the H1B visa application process. You can find articles explaining the USCIS' processes at the USCIS adjudication center. As these processes change over time, it's best to check these articles for an in-depth understanding.

Reach out to TechFetch H1B

H1B processing requires expertise and experience, which are abundant in our TechFetch H1B team. Get in touch with us before commencing the complex process. Let's make it simple and hassle-free for you.

**Disclaimer: H1B rules and regulations are subjected to change from time to time. Kindly refer to the USCIS official website for the latest information.**

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Article by Techfetch H1B team

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