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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.

STEP-BY-STEP PROCESS FOR H1B VISA:

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:

  • An H1B visa is a Work Permit Visa, Both the main applicant and spouse can work
  • Once I 140 / EAD is approved, the candidate along with the family can stay in the United States as long as they want
  • Children will be eligible for FREE SCHOOLING (until higher studies)
  • Green Card processing would be done by us
  • The candidate will be eligible for all social benefits as per American Law

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