How do I Apply for H1B?

A type of U.S. visa: Special Occupations / Temporary Worker Visas (H-1B).

H-1B visa

United States visa ^[1]

TOEFL and IELTS scores are not required to apply for a US HIB visa, but there are quota restrictions each year. According to current laws, the annual quota for foreigners before fiscal year 2003 was 195,000. After "911", to prevent terrorists from entering, the annual visa amount has been reduced to 65,000. Of the 65,000 quotas for fiscal year 2007, excluding Chile and Singapore

To apply for H1B, you must first get an offer from a US company. Then, to hire your company, you should hand in your academic credentials, resume and other materials in the name of the company

Another definition of H1B is that, for example, a multinational company needs a foreign employee in a foreign country to come to the United States to perform testing work such as 2 to 6 months. According to the immigration law, this employee is defined as working in the United States, so You cannot apply for a B1 visa but you must apply for an H1B visa. In this type of application, the employee does not need to meet the minimum wage required by the United States when applying for a temporary business trip to the United States from a foreign branch.

H1B does not require the applicant to work full-time for a company, it can be a part-time job. The same foreign worker can also work part-time at several companies at the same time, but this requires that the worker must apply for an H1B for each corresponding company. This rule also found a way to reduce labor costs for some small companies. For example, if you are a full-time employee, the company said that it is part-time when you apply. In this way, the salary of the employee is divided by the minimum wage prescribed by law. 8 then multiply it by the hour. This way the company can also hire one for an annual salary of $ 30,000

H-1B is a short-term work visa issued to foreigners who come to the United States and engage in various professional work for US employers approved by the USCIS. Positions offered by U.S. employers must be recognized as "special professional jobs" by U.S. law, such as computer programmers, engineers, lawyers, accountants, architects, physical therapists, pharmacists, medical technicians, professors, teachers, doctors,

First, US employers must apply to the Immigration Department for "hiring foreign workers." The materials required in this process are divided into two parts:

1: U.S. employers

1. Non-immigrant employee application form I-129 / I-129W;

2. Type H supplementary forms;

3. Company profile: the industry in which the US employer is engaged, the date of establishment of the company, the number of employees, the federal tax return number, and the total business volume of the past year;

4. Employment contract: The employment contract between the employer and the applicant, including the nature of work, job duties, working hours, wages, benefits, and the validity of the contract;

5. Professional work certification: Prove that the job provided by the employer is professional work, and the job must be held by a person with a professional level;

6. Proof of ability to pay for work: Prove that the employer has the ability to pay wages, such as: tax returns, bank statements, financial accounting statements, etc.

2: Applicant

1. Front faceless photo;

2. Personal resume (Resume);

3. Personal Profile (Personal Profile);

4. Proof of work experience: It should include the company name, address, date, position, job nature and experience of each past job;

5. Certificate of education: should include the names of different schools from elementary school to university, the date of graduation, degree certificate and diploma;

6. Articles, reports, certificates of honor and awards, professional licenses and professional certifications about personal professional achievements.

If the application is successful, the applicant will get the I-797 approval letter from the immigration office, at which time you can apply for a visa to the United States.

Note: If the applicant is educated outside the United States, the immigration office may usually require their academic credentials and work certifications, and they need to be evaluated by a US assessment agency or American university.

The United States does not recognize that diplomas issued by universities or colleges in other countries are of the same standard as diplomas from universities or colleges of the same level in the United States. Therefore, a diploma assessment of the applicant is required. Generally speaking, in addition to the world-renowned universities being uniformly recognized, diplomas in developed industrial countries in Europe are easily recognized at the same level, and other countries will handle them on a case-by-case basis. If the Immigration Department is unfamiliar with or does not recognize a diploma, the applicant will be required to perform a diploma assessment, especially if the diploma determines the application, if the applicant graduated from a prestigious university or a recognized first-class university , Or have a sufficient work experience background, their applications are generally not affected by academic qualifications, but if the applicant graduated from an ordinary college or obtained a diploma through advanced studies, or the applicant is unable to grasp their academic level can be obtained in the United States What level of acceptance is required in the assessment of the proposed diploma.

1. Front faceless photo;

Passport

3. DS160 form;

4. Original I-797 Immigration Approval Letter;

5. Copy of application form I-129 for non-immigrant employees;

6. Proof of work and academic qualifications or a statement of evaluation from a U.S. agency;

7.

H-1B holders can apply for an extension of stay for 3 years at a time, and the maximum stay in the United States is 6 years. After the expiration, the holder must return to China for one year before applying for a similar (H) visa to the United States again. The extension of H-1B should be at least 45 days before the expiration of the U.S. period of stay. The U.S. employer should complete the "Non-immigrant Employee Application Form" (I-129) and supplementary form H, and attach the original visa immigration office approval ( Form I-797), the original I-94 immigration card, the employer's letter explaining the reason for the extension, and related supporting documents, etc., together with the nearest USCIS. Extensions of stay for dependent H-4 visas should be completed in the I-539 Extension Application Form. If I-129 or I-539 deferred approval, there will be a newly issued stay period on its I-797 form and I-94 card. The applicant can hold the approved I-797 form and submit a visa plus Sign an application or apply for a visa extension to an overseas US consulate.

After entering the H-1B status, you cannot change employers and must work for a U.S. employer company that sponsors the applicant. If the applicant wants to change to a new job while in the United States, the new employer must submit a new application to the immigration office, including re-application of the "Labor Situation Application Form" to the Department of Labor, and approval from the immigration office in order to maintain the applicant's Legal status.

Applicants are temporarily in the U.S. as non-immigrant status of H-1B. To adjust to professional immigration status, the employer must first apply to the Department of Labor for a permanent labor certificate "ETA-750 Alien Employment Certification" . An employer cannot file an I-140 Immigrant Petition for Alien Worker application with the Immigration Service until a permanent labor certificate is obtained. After the application for an occupational immigration is approved, the applicant can apply for adjustment of status (I485 Application to Register Permanent Residence or Adjust Status).

Holders of a visa who enter the United States legally as other types of non-immigrant visa status need to be converted to H-1B visa status. The applicant's first condition is that they have no illegal work records in the United States and must be invalidated before the I-94 immigration record card expires Hired by US employers. The applicant's application for change of status and the application for non-immigrant employees should be submitted to the USCIS by the US employer.

On April 5, 2013, the US Citizenship and Immigration Services (USCIS) issued an official message saying that within five days, USCIS had received the full amount of H1B applications for fiscal 2014 and will not accept applications after 5 days.

The agency also said that because the application on the 5th has not been completed, the total number of applications cannot be announced for the time being. In addition, USCIS will draw the applications received on the 5th. ^[1]