The US H–1B visa is a non-immigrant visa that allows US companies to employ graduate level people in specialty occupations that require special expertise in specialized fields such as in IT, finance, accounting, engineering, science, etc. This visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. Please read more here. For H- 1B holders to have a Visitor Health Insurance is a must. Please read more about Visitor Health Insurance Plans and Health Insurance Plans for US citizens and residents.
Step 1: (only required for specialty occupation and fashion model petitions): Employer Submits LCA to DOL for certification.
The employer must apply for and receive DOL certification of an LCA. For further information regarding LCA requirements and DOL’s inert process, see the “Foreign Labor Certification, Department of Labor” page.
Step 2: Employer Submits Completed Form I-129 to USCIS.
The employer should file Form I-129, Petition for a Non-immigrant Worker, with the correct USCIS Service Center. Please see our I-129 Direct Filing Chart page. The DOL-certified LCA must be submitted with the Form I-129 (only for specialty occupation and fashion models). See the instructions to the Form I-129 (PDF, 347 KB) for additional filing requirements.
Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission.
Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required). Regardless of whether a visa is required, the prospective H-1B worker must then apply to U.S. Customs and Border Protection (CBP) for admission to the United States in H-1B classification.
Labor Condition Application (LCA)
Prospective specialty occupation and distinguished fashion model employers must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring non-immigrant or immigrant petitions, and other sanctions to the employer. The application requires the employer to attest that it will comply with the following labor requirements:
- The employer will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.
- The employer will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employer place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.
Period of Stay
As an H-1B non-immigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).
Your employer will be liable for the reasonable costs of your return transportation if your employer terminates you before the end of your period of authorized stay. Your employer is not responsible for the costs of your return transportation if you voluntarily resign your position. You must contact the Service Center that approved your petition in writing if you believe that your employer has not complied with this requirement.
The H-1B visa has an annual numerical limit “cap” of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.
For further information about the numerical cap, see our Fiscal Year (FY) 201 H-1B Cap Season Web page.
Family of H-1B Visa Holders
Your spouse and unmarried children under 21 years of age may seek admission in the H-4 non-immigrant classification. Beginning May 26, 2015, certain H-4 dependent spouses of H-1B non-immigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B non-immigrant has already started the process of seeking employment-based lawful permanent resident status. Please visit our Employment Authorization for Certain H-4 Dependent Spouses page to learn more.
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Before you come to the U.S. don’t forget to get a Visitor Health Insurance with good medical insurance coverage. Please read more about Health Insurance Plans offering by India Network Services.
About India Network Health Insurance
India Network Services is a US-based company that administers visitor health insurance to tourists, students, temporary workers and their families. Visitor medical plans are offered for all age groups with both fixed coverage, comprehensive coverage and with or without pre-existing condition coverage.