How to Apply for H-1B Type of Visa: Requirements, Cost, Eligibility, & Process

If you intend to work in the United States on an H-1B visa, you must first register with USCIS and then file an H1B petition for the fiscal year 2023.

This article covered all the aspects of the H1B visa for the fiscal year 2023 season, like lottery dates, registration process, fees, new rules, and the latest news. As more information becomes available, we will keep this story updated.

Congress established the H1B Visa category to allow US-based businesses to hire highly qualified individuals in the country. Any applicant for a job in the US who has the necessary abilities and at least a bachelor’s degree may apply for an H1B visa. 

Due to the enormous demand for H1B visas, USCIS uses a lottery-style random selection procedure known as the H1B lottery to choose applicants who fulfill the yearly quota cap.

These days, you need to have a global presence in order to compete in the market. Hiring H-1B employees can strengthen your competitiveness abroad and could also provide quality permanent workers if you are willing to sponsor applicants for employment-based green cards.

What is H-1B VISA?

The US H-1B visa is a non-immigrant visa that enables US employers to ask the US government to grant foreign workers in specialist occupations permission to work in the US temporarily.

An occupation that calls for the theoretical and practical application of highly specialized knowledge is referred to as a speciality occupation. The foreign worker’s minimum educational requirement for an H-1B visa is a bachelor’s degree (or equivalent).

STEM (science, technology, engineering, and mathematics) occupations frequently employ a large number of highly skilled foreign employees, hence H-1B visas are particularly common in this sector.

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Reasons to Get a H1B Type of VISA

With good reason, the H-1B visa has long been the most widely used long-term employment visa in the US. There are a plethora of advantages that set the H-1B apart from other work visa types.

It is simple to understand why so many international specialists apply for the advantages of the H-1B visa each year due to its accessibility and lengthy initial duration of stay.

The H-1B allows its holders to transfer their status from one company to another while there, in contrast to the strict rules that apply to several other work-related visas. Thanks to it, they can even work part-time and simultaneously for several firms.

Fortunately, the H4 visa allows you to bring your spouse and kids over as dependents. Their stay will last for the same time as the original holder, and each H-4 is eligible for extensions. 

Additionally, H-4 visa holders who have obtained Employment Authorization Documents can now work in the United States.

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How the H-1B Visa Benefits Foreign Workers

The foreign worker who receives the visa is the beneficiary and enjoys the most extensive perks. According to USCIS, they received 483,927 applications for H-1B visas and chose 127,600 (or roughly 26%) in the first round for FY 2023.

The mandatory 65,000 normal cap and the 20,000 master’s cap (advanced degree exemption) were both satisfied by USCIS’ picks, making a total of 85,000. This explains why this visa is so well-liked, in case you were wondering why.

One of the numerous advantages of the H-1B is that it is regarded as a “dual intent” visa, in contrast to many other types of work visas. This indicates that while you are in H-1B nonimmigrant status, you can pursue legal permanent residency. Compared to some other visas, this is a significant advantage.

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What are the H-1B Alternatives 

The H-1B visa may not be the best choice for you because of the restrictions and how competitive it is. The H-1B possibilities listed below should be discussed in further depth with your immigration lawyer.:

  • L-1 Visa
  • H-2B Visa
  • H-3 Visa 
  • J-1 Visa 
  • B-1 Visa
  • O-1 Visa

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Requirements To Get H-1B VISA in 2022

The expansive standards needed to be eligible for this visa are its initial benefit and possibly the key factor in its popularity. 

The H-1B just needs the following, unlike many other working visas that also call for managerial experience, a master’s degree, or a substantial financial investment:

  • A bachelor’s degree
  • A job offer from a U.S. company for a specialty position that requires your bachelor’s degree
  • Substantial in relationship to the total cost of either purchasing an established enterprise.
  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
  • Magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. 

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How Long Does the H-1B Student VISA Last For?

The H1B visa has a three-year initial validity period, and a six-year maximum extension period. After six years, the foreign worker is required to leave the country and wait until they are again qualified to apply for an H1B visa.

The initial period of time you are given when you acquire your H-1B visa is another advantage of the visa. The H-1B permits holders to stay for three years initially and is easily extendable, in contrast to some other visas like the B-1, which only allows you to stay for six months, and the J-1, which occasionally only allows you to stay for one year.

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Can Anyone Apply to Get the H-1B VISA in 2022?

One of the most significant H-1B perks is the ability of international experts from all around the world to apply. 

While the E-2 visa is only available to citizens of treaty countries and the TN is only available to Canadians and Mexicans, the H-1B visa is available to nationals and citizens of any country.

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Can Foreigners With An H1B Purchase A Home?

H1-B visa holders sometimes have little or no credit history, making it difficult to obtain a loan to buy a property in the United States. Many lenders will not lend to non-citizens or may charge exorbitant interest rates.

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Furthermore, H-1B visas are temporary short-term visas that represent a financial risk to foreigners wishing to acquire a home because they will only be permitted to live in the United States for a limited time.

Alternatives of H-1B VISA

The H-1B visa may not be the best option for you due to its highly competitive nature and stringent standards. The following are H-1B possibilities that you should consider with your immigration attorney:

  • L-1 Visa
  • H-2B Visa
  • H-3 Visa 
  • J-1 Visa 
  • B-1 Visa
  • O-1 Visa

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How the H-1B Visa Benefits United States Workers

Foreign professionals are not the only ones who hope to benefit from H-1B status. Employers stand to benefit greatly as well.

This visa, designed for those with educational backgrounds in science, technology, engineering, and mathematics (or STEM for short), permits the greatest experts in the world to enter the United States and work for your organization.

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What determines your Eligibility to Get H-1B Visa 

To be qualified for an H1B visa, you must have the following qualifications:

A job offer from a company in the United States for a position that demands specialized knowledge. Proof of a bachelor’s degree or equivalent in that field, as well as evidence that there is a scarcity of competent U.S. applicants for the position.

How Easy/Hard is it to Get a H-1B VISA in 2022

Because you must first be hired by a U.S. firm willing to sponsor you, H1B visa criteria can be tough to meet. Competition for jobs in the United States is tough, and demand for visas to enter the country is increasing on a daily basis.

Furthermore, the number of H1B visas awarded each year is limited. The H1B visa has been temporarily suspended by the United States as of 2020, citing the risks to the US labor pool posed by the global coronavirus pandemic.

Because H-1B visas are employer-sponsored, foreign employees cannot apply for them on their own. A U.S. company must file an H-1B visa application on the foreign worker’s behalf.

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How much Does it cost to get H-1B student Visa in 2022 

Even though your employer must pay all H-1B petitioning expenses, they are expensive and may discourage businesses from sponsoring you. In total, your business may have to spend over $7,000 in fees for your H-1B visa. Simultaneously, the TN visa can be obtained for as little as $500.

While the cost of an H-1B visa can range from $1,720 to $6,470 or more based on attorney costs, optional fees, and employer requirements, we provide the best value for our services. The prices are broken down below, as are our tiered legal fees.

A law firm’s H-1B costs can vary significantly. Because the phases are now tiered, only a few corporations will finally file full petitions. Visa Nation Law Group’s legal services

  • One: $550 for the initial registration process, which includes all required preliminary case analyses.
  • Two: $1,900 will be due if the case is selected in the lottery for filing, including all form/support letter preparation plus case filing within the timeframe.
  • Three: $500–$1,500 will be the cost of a Request For Evidence (RFE) response, should one later be issued on the case

How to Extend H-1B VISA Duration 

While the H-1B classification has a longer initial duration of stay than other popular visas such as the E-2, O-1, and TN classifications, it can only be extended once for a total of six years. The other aforementioned visas can be renewed for substantially longer periods of time, even in some cases permanently.

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There are few conditions in which an H-1B holder could stay beyond the standard six-year term, although these are far from common. Contact your immigration attorney to discover if you qualify for an exemption from the limit.

What is the H-1B “cap”?

The cap refers to the number of H-1B visas that can be issued per federal fiscal year (FY). A fiscal year runs from October 1st to September 30th of the following year. The current H-1B visa ceiling for the entire country is set at 65,000. Please visit the USCIS website to view the most recent cap count.

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The H-1B VISA Lottery

The first and most significant disadvantage of the H-1B visa is that there is an annual restriction on the number of petitions that can be approved each year. While some visas have a maximum, it is rarely reached since they are more difficult to get. The H-1B visa, on the other hand, attracts nearly three times the number of requests that are authorized each year.

Because of its popularity and the high number of excess petitions, the USCIS has decided to enter all petitions into a lottery. This is the method of picking at random the number of petitions authorized under the annual cap of 85,000.

This means that there is a good chance that your petition will not be chosen in any particular lottery. If you are not chosen, you will have to appeal again the following year.

There are, however, several ways to escape the lottery and remain cap-exempt. This can be accomplished by locating a cap-exempt employer or by filing for an H-1B transfer or extension.

Because of the lottery process, there are tight deadlines that must be met. For example, you cannot file your petition before April 1st. Furthermore, if your petition is chosen and approved, you cannot begin working until October 1st of that year. This also restricts the advantages of the premium processing service in your instance.

Other visas, on the other hand, offer a more flexible schedule for petitioning and beginning employment.

FAQs

Can I change jobs after I get my H-1B?

 If you decide to change employers, the new employer must apply for the H-1B on your behalf.

Is H-1B status the only way that I can qualify to work in the U.S.?

You may be eligible for other types of nonimmigrant (temporary) status that would allow you to work in the United States

Is there a minimum salary for a job in H-1B status?

No, there is No minimum salary 

Conclusion 

H-1B visa is not like other types of visas, in case you have plans for applying for it you need to be certain about some things to make you eligible for the Visa.

Reference 

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