Posted on September 13 2022
H1B Visa permits an international professional to work in USA. It assists the IT Organizations in America to hire candidates (outside the country) with the required skills. The H-1B visa is valid for three years but can be extended further and renewed for a maximum of three years
The USCIS or US Citizen and Immigration Services says that individuals with the ability to apply conceptual and practical implementation of the specialized knowledge and possess an undergraduate degree or equivalent qualification are eligible for the H-1B immigration visa.
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The steps that need to be followed when sponsoring an H-1B professional are:
The employers need to make sure that the criteria given below are met to apply for the work visa:
A notice needs to be submitted in 30 days before the employer applies for the LCA to the DOL. The notice has to comply with the set standards.
The information that needs to be submitted is as follows:
Worker notification is to be provided as follows:
If the employee is being registered through the collective bargaining method, notice is required to be submitted to the representative of collective bargaining.
In the absence of a representative of collective bargaining the employer can approach the following:
The certificate needs to be applied for and issued 6 months before the appointment of the H-1B applicant. The employer needs to submit an LCA to the DOL. No fees are charged for the LCA.
The application is an attestation. If it does not comply with the rules, it can lead to fines, imprisonment, bars of employment in the future, and so on.
A lottery is conducted for the H-1B visa at the USCIS for which the employer is required to register.
A lottery is held as there is a certain number of visas being offered by the Immigration Department. Only the candidates who win the lottery can submit an I-129 petition.
The details required are:
The registration fee is required to be paid as per the number of employees hired.
After the registration of all the candidates for the H-1B work visa, the applications are stopped. Eventually, the USCIS conducts a lottery.
The registrants have to submit their H-1B petition in less than 90 days. After the certification has been completed by the LCA, the employer needs to submit Form 1-129.
It needs to be ensured that the notice from the Lottery registration and the LCA is submitted with Form I-129.
The petition requires to be duly filled. It needs to be ensured that the following documents are applied for.
After Form I-129 has been issued, the employer will be sent Form I-797 having the Notice of Action. The copy needs to be given to the beneficiary for them to apply for an H-1B visa at the USA embassy or consulate.
The H-1B applicant has to apply for Customs and Border Protection to enter the USA through the H1B classification. After the entry of the employee, the employer needs to comply with the Form I-9 process besides the hiring process.
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