The H1B visa is highly sought-after for international professionals hoping to work in the United States. With the visas limited to 65,000 per year, the process can be somewhat of a lottery for those who apply.
To secure an H1B visa, it’s important to fully understand the eligibility criteria and the application process.
This may help with identifying whether there are more suitable US visas, or whether you need to take any steps to obtain sponsorship before you apply.
What Is An H1B Visa?
The H1B visa is a non-immigrant visa tailored for foreign workers in specialty occupations. These roles require specialised knowledge and a bachelor’s degree or equivalent experience to be eligible. Employers will need to prove that there are a lack of suitable applicants already in the US.
The H1B visa allows applicants to work in the US for an initial period of three years, with the possibility of extending it for up to six years.
Who Needs A Visa?
Those seeking job opportunities in engineering, technology and finance will often need an H1B visa to legally work in the United States.
Employers in the US sponsor foreign workers for H1B visas to fill specialised roles that cannot be easily filled by US workers.
Benefits of H1B Visa
The H1B visa offers several benefits to both employers and foreign workers.
For employers specifically, it provides access to a diverse and ambitious pool of talent from around the world, allowing them to fill critical roles with highly skilled professionals.
For foreign workers, the H1B visa offers the opportunity to work in the US, gain valuable experience, and potentially transition to permanent residency long-term.
It’s important to remember that the H1B visa itself is not a permanent residency visa, and is only suitable for temporary stay.
Is It Hard To Get An H1B Visa?
Securing an H1B visa can be a lengthy and competitive process. The demand for visas often far exceeds the supply.
It’s thought that in recent years approval percentages have dropped with what was previously around half of all applicants being successful in their application now being more in the region of a quarter.
How To Get an H1B Visa
Securing an H1B visa involves several steps and can require meticulous planning, attention to detail, and adherence to stringent regulations.
1. Find a Sponsor:
The first step is securing a job offer from a US-based employer willing to sponsor your visa application. To do this you should have an optimised resume that shows off your skillset and drive.
Learn more about standing out from other international applicants.
2. Confirm Eligibility:
Next, you should ensure that you meet the eligibility criteria for the H1B visa, which typically includes possessing a bachelor’s degree or higher in a specialised field. Additionally, you must evidence proficiency in your chosen field and meet any other requirements outlined by the sponsoring employer.
3. Submit Labor Condition Application (LCA):
Following a formal job offer, the sponsoring employer must file a Labor Condition Application (LCA) with the Department of Labor (DOL). This ensures that the new employment under the H1B visa will not adversely affect the wages and working conditions of existing US workers.
4. File Form I-129 Petition:
Next the sponsoring employer should file Form I-129, the Petition for Nonimmigrant Worker. This application is with the United States Citizenship and Immigration Services (USCIS). This form acts as the official request for H1B visa classification on behalf of the employee.
5. Wait for USCIS Approval:
With Form I-129 completed and submitted, it is now the job of USCIS to review the application and either approve or deny it based on eligibility. If approved, USCIS will issue an Approval Notice, prompting the applicant to proceed with the rest of the visa application process.
6. Complete Visa Application:
Following this approval, the applicant now must complete the visa application process at the US consulate or embassy in their home country. This often involves completing Form DS-160, scheduling and attending a visa interview, providing biometric data, and submitting required documentation for review.
7. Attend Visa Interview:
Following a written application, there will be an interview often conducted at the home country’s US embassy. The applicant will answer questions about their background, qualifications, and employment in the United States. The officer will assess eligibility and determine whether to grant the H1B visa.
8. Receive Visa and Travel to the US:
If the visa application is approved, the applicant will receive their H1B visa, allowing them to travel to the United States and begin employment with the sponsoring employer.
Frequently Asked Questions About H Visas
Is H1B A Nonimmigrant Visa?
Yes, the visa is classed explicitly as a nonimmigrant visa.
These are the visas issued to those who seek only temporary entry into the United States for specific purposes, such as tourism, business, education, or employment.
The H1B visa, in particular, is designed for foreign workers who are offered specialised job opportunities for a limited duration.
While the H1B visa allows individuals to work and reside in the US temporarily, it does not grant permanent residency or citizenship rights.
Documents Required For H1B Lottery
In most cases, the H1B visa application process, informally known as the H1B lottery, will require several documents from both applicants and their potential employers in the US. A failure to produce the necessary documentation from either party will result in a declined application.
For the employer, the Labor Condition Application and Form I-129 are key for the process.
The applicant will also be required to provide one or several of the following documents.
- Official employment offer letter detailing the job position, duties, and terms of employment.
- Educational credentials, such as degrees, diplomas, and transcripts, to demonstrate the applicant’s qualifications for the position.
- Professional certifications or licences, if applicable to the intended job.
- Letters of recommendation or references from previous employers, highlighting the applicant’s experience and skills.
- Documentation of any specialised training or expertise required for the job.
For the embassy interview, applicants will also need:
- A valid passport that is valid for at least six months beyond the planned entry date to the United States.
- A passport-sized photo adhering to U.S. State Department specifications.
- Confirmation page printout from Form DS-160.
- Copies of your approved I-129 petition and I-797 approval.
- Receipts confirming the payment of any application fees.
Due to its highly competitive nature, it’s crucial for employers and applicants to ensure that all required documents are prepared accurately and submitted on time to maximise their chances of success.
What Does “Receiving Country” Mean For An H1B Visa?
The term “receiving country” in the context of an H1B visa refers to the United States, where the visa applicant intends to work temporarily.
Securing A Job For The H1B Visa
One of the most difficult parts of the H1B process is finding a sponsoring employer. Employers have access to an international hiring pool full of talented and ambitious applicants. It’s important to stand out amongst the competition with an excellent resume and optimised profile.
Hiring managers will look for confident and experienced hires for these roles. The process can be long and complex so hiring the right person is essential. We can help you to land that dream role with resume reviews, mock interviews and even career advice to help you seek out these opportunities.
Learn more about landing your perfect role.
About the author
Mollie Buttery
Writer | SEO | Articles & Blog Posts | Social Media
Mollie supports ULTMECHE through website growth, social media, SEO, and other digital marketing tricks. Mollie has 10+ years experience of in house and freelance marketing experience in industries such as Finance, Law, SAAS, Automotive, Building Services, Commerce, and more. Some of her favorite writing topics consist of sports and finance. Mollie has been key to the growth of ULTMECHE’s SEO and digital marketing efforts.
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