Find out what you and your prospective employer have to do in order to obtain this highly coveted non-immigrant working visa.
Difficulty Level:
Hard
Time Required:
2 to 12 months
Here's How:
In order to qualify for an H-1B you must have the appropriate degree for the job at hand, or 12 years of specifically qualifying experience.
You need a job offer from a company that is willing to sponsor you for an H-1B Visa. With the Internet, Job search is a lot easier these days.
The company that is sponsoring you has to file a Labor Condition Application (ETA-9035) with the Department of Labor. Takes up to 30 days.
After approval of the labor condition attestation, your employer has to file an H-1B petition (INS form I-129 and H-supplement). Takes up to 8 weeks.
File your H-1B application. If you already live in the U.S., file the application with the employer's petition.
If you live abroad, wait for approval of the H-1B petition. Then file your application with the U.S. consulate of your home country.
It takes several weeks to several months until your H-1B visa is issued.
There is a cap on the number of H-1B visas that can be issued. The cap for each fiscal year, which beings October 1st, often runs out within a few months. Do not delay if you can help it.
Tips:
Your chances to get an H-1B Visa are especially high if you are a highly skilled Information Technology worker. Congress is about to pass the so-called HI-TECH Act, which raises the cap for high-tech workers.
You can increase your chances of getting a sponsorship and expediting the matter by offering to help pay for and/or process the paperwork.
Many petitions are denied because the applicant is not qualified based on the Occupation Outlook Handbook (OOH) standards. Make sure your degree and experience match the requirements for the job your visa application is based on.
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