AGACS PVT LTD is the leading and most
reputed Best H1B visa consultants in
Hyderabad. This is a non-immigrant visa that allows
US companies to employ graduate-level workers in specialty occupations that
require expertise in specialized fields such as IT, finance, accounting,
architecture, engineering, mathematics, science, medicine, etc. Any
professional-level job that usually requires you to have a bachelor's degree or
higher can come under the H1B visa for specialty occupations.
ELIGIBILITY: SPECIALTY OCCUPATION
The US H1B visa is designed to be used for
staff in specialty occupations. The job must meet one of the following criteria
to qualify as a specialty occupation:
Have a minimum entry requirement of a Bachelor's or higher degree or its
equivalent.
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.
The employer normally requires a degree or its equivalent for the
position. 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.
ELIGIBILITY: EMPLOYEE QUALIFICATIONS
For you to qualify to accept a job offer in a specialty occupation you
must meet one of the following criteria:
Have completed a US bachelor's or higher degree required by the specific
specialty occupation from an accredited college or university.
Hold a foreign degree that is equivalent to a U.S. bachelor's or higher
degree in the specialty occupation.
Hold an unrestricted state license, registration, or certification which
authorizes you to fully practice the specialty occupation and be engaged in
that specialty in the state of intended employment.
Have education, training, or experience in the specialty that is equivalent
to the completion of such a degree, and have recognition of expertise in the
specialty through progressively responsible positions directly related to the
specialty.
Even though the H1B visa is a non-immigrant visa, it is
one of the few US visa categories recognized as dual intent, meaning the H1B visa holder can apply for and
obtain a US Green Card while in the US on an H1B visa. If you are still in the
US on an H1B visa and wish to remain in the US for more than six years, you can
apply for permanent residency in the US to receive a Green Card. If you do not
gain permanent residency before the expiration of your H1B visa, then you must live outside the US
for at least one year before reapplying for another H or L visa.
VALIDITY
The US H1B visa has a validity of up to 6
years. Individuals cannot apply directly for an H1B visa. Instead, the employer
must petition an H1B for any employee.
H1B VISA CAP
H1B visas are subject to an annual visa cap each financial year. US
employers can begin applying for the H1B visa six months before the actual
start date of the visa.
Current immigration law allows for a total of 85,000 new H1B visas to be
made available each government fiscal year. This number includes 65,000
new H1B visas available for overseas
workers in specialty (professional) level occupations with at least a
bachelor's degree, with an additional 20,000 visas available for those specialty
workers with an advanced degree from a US academic institution. In recent years
the H1B visa cap has been heavily oversubscribed near the beginning of April
each year. USCIS then holds a lottery for the available H1B visas available.
FAMILY & DEPENDANTS
H1B visa holders can bring their spouse
and children under 21 years of age to the US under the H4 Visa category as
dependents. An H4 Visa holder is allowed to remain in the US as long as the H1B
visa holder remains in legal status.
1. An Employer Agrees to Employ a Foreign Worker and to allow that
Worker for an H1B Visa. An employer in
the US (Who qualifies for an H1B visa filing) legally agrees to start the
processing for the foreign worker.
2. File the Labor Certification Application (LCA) with the Department of
Labor. This step involves the submission of a form to the Department of Labor
which certifies that the foreign worker will be paid a fair wage and that the
foreign worker's employment will not adversely impact other employees. H1B
sponsors must also attest that they will give the H1B visa holder the same
medical and other benefits as their other employees.
3. The Department of Labor Will Return an Approved LCA for Submission
with the H1B Visa Application.
4. The Employer Meets Certain Internal Obligations. The law requires the
employer to undertake certain administrative steps, including preparing a "public access file" and posting key information about
the position to be filled by the foreign worker.
5. The Filing of an H1B Petition with USCIS. Relevant forms,
fees, and documents are filed with the USCIS.
6. Processing of application – The application is processed for
the H1B process.
7. USCIS Issues a Receipt. The petitioner (Processing Company) is sent a
receipt by the USCIS Service Centre which bears a 9-digit reference number
pertaining only to that particular case, H1B processing times, and general
information about the petitioner and foreign worker. This is the petitioner’s
first confirmation that the petition is in the adjudicating queue.
8. Computerized Lottery runs. Multiple H1B applications are received from multiple locations and USCIS internal system runs a lottery and the selected applicants receive an acknowledgment.
9. Scheduling a visa interview. Once the applicant’s file is picked up
in the lottery, a visa interview is scheduled in any one of the visa consulates
in India. The applicant will attend the visa interview, and get the visa
stamping done.
10. Fly to the US The applicant individually or along with Family
members is ready to fly to the US.
KEY POINTS TO REMEMBER: