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CUBEFORE
Eligibility Criteria:
Specialized Occupation:
The job must require a theoretical and practical application of specialized knowledge. Common fields include IT, finance, engineering, healthcare, mathematics, and science.
Educational Qualifications:
Applicants must have at least a bachelor's degree or its equivalent in the relevant field. Advanced degrees may enhance approval chances.
Job Offer:
A U.S.-based employer must sponsor the visa and demonstrate the need for a foreign professional.
Labor Condition Application (LCA):
Employers must file an LCA with the Department of Labor (DOL) to ensure the hiring won’t negatively impact U.S. workers' wages and working conditions.
US H1B
The H1B visa is a non-immigrant visa that allows U.S. employers to hire foreign professionals in specialized occupations. It is one of the most sought-after visas for skilled workers worldwide, offering an opportunity to live and work in the U.S. for a specified period. Below is a detailed breakdown of its key aspects:
Visa Length for H1B Visa Holders:
The H1B visa is initially granted for a period of 3 years. After this initial period, the visa can be extended for an additional 3 years, bringing the total maximum duration to 6 years.
Extensions beyond 6 years: Extensions beyond the 6-year limit are possible in certain cases, particularly if the individual is in the process of applying for a Green Card. Under the American Competitiveness in the Twenty-First Century Act (AC21), H1B visa holders who have started the Green Card process can extend their stay in one-year increments after the 6-year period, if their Green Card application is still pending.
Family & Dependents on H1B Visa:
H1B visa holders can bring their immediate family members (spouse and unmarried children under 21 years old) to the U.S. under the H4 visa. Here's what H4 visa holders are entitled to:
Spouse:
The spouse of an H1B holder is allowed to live in the U.S. while the principal visa holder works.
The spouse can study at U.S. institutions.
Work Authorization: The spouse can apply for work authorization (Employment Authorization Document, or EAD) if certain criteria are met (e.g., the H1B holder has an approved I-140, which is a step in the Green Card process).
Children:
Unmarried children under the age of 21 can live in the U.S. with the H1B holder.
Children can study at U.S. schools.
They are not authorized to work while on an H4 visa unless they meet specific qualifications (such as obtaining an EAD if they are in certain situations like being a dependent of a Green Card applicant).
H1B Application Process:
Employer Sponsorship:
The U.S. employer initiates the process by submitting a petition (Form I-129) to the U.S. Citizenship and Immigration Services (USCIS).
Labor Condition Application (LCA):
The employer obtains certification from the DOL, outlining job details, wages, and compliance with labor laws.
USCIS Petition:
After receiving LCA approval, the employer files the H1B petition with USCIS.
Visa Application:
If the petition is approved, the employee applies for the H1B visa at a U.S. consulate in their home country.
Benefits of H1B Visa:
Dual Intent:
H1B is one of the few visas that allow dual intent, meaning holders can apply for permanent residency (Green Card).
Work Opportunities:
Provides access to employment in the U.S. for high-demand roles.
Family Inclusion:
Dependents can live, study, and potentially work in the U.S.
Pathway to Permanent Residency:
Often considered a stepping stone toward obtaining a Green Card.
H1B Cap and Lottery System:
Annual Cap:
Each fiscal year, USCIS issues 85,000 H1B visas, divided into:
65,000 for the general category.
20,000 reserved for applicants with advanced degrees from U.S. institutions.
Lottery System:
Due to high demand, USCIS conducts a random lottery when the number of applications exceeds the annual cap. Applications must be registered during the specified period.
Validity and Extensions:
Initial Duration: The visa is granted for up to 3 years.
Extension: It can be extended for an additional 3 years, totaling 6 years.
Special Cases: Extensions beyond 6 years may be possible for those on the path to obtaining a Green Card under the American Competitiveness in the Twenty-First Century Act (AC21).