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What is an H1-B visa?

The H1B visa is an employment-based, nonimmigrant visa for temporary workers valid for 3 years initially.
For this visa, an employer must offer a job in the US and apply for your H1B visa petition with the US Immigration Department. This approved petition is a work permit which allows you to obtain a visa stamp and work in the U.S. for that employer.

H1-B Qualifications?

  • To qualify for the H1B visa category, the prospective H1B employee must:
  • Hold a U.S. bachelor's or higher degree, or the equivalent. The person must hold a U.S. equivalent 4 years bachelor's or higher degree from an accredited college or university.
  • If the foreign degree is 3 years bachelor's degree, a 3 years work experience in same or similar field /occupation can be considered to one year of additional education
  • The individual must be fully qualified to lawfully perform the duties of the position offered. For example, in occupations that require a licensure or professional credentials (such as doctor, dentist, attorney, CPA, architect, registered nurse), the individual must already hold such qualification before the H1B visa petition can be filed.

Total Quota and Lottery:

  • The United States Citizenship and Immigration Services sets a limit on how many H1B visas are issued each year.
  • These numbers can change as per regulations of the US government. Historically, the cap is placed at 65,000.
  • An additional 20,000 H1B visas are issued for qualified people who have completed a Masters degree from USA. This quota is independent and additional to general 65,000 quota
  • A deadline is placed in each calendar year within which employers are expected to have filed for their H1B visa petitions meant for the next financial year. After this date petitions are not accepted. For year 2023, the deadline is in March 2023.
  • Usually more than 300,000 applications are received so there is a lottery system and you have a 20% chance of being selected.

What is an H1-B visa?

  • USCIS Fee for H1B Petition
The filing fee for H1B petition is paid by the employer, otherwise called the /H1B Sponsor. The fee ranges from $1,700 to $8,000. The tables below gives an accurate breakup:

For employers with 1 to 25 full time equivalent employees :

  • Base Fee:
    $460
  • ACWIA Fee:
    $750
  • Fraud Fee:
    $500

For employers with 26 or more full time equivalent employees:

  • Base Fee:
    $460
  • ACWIA Fee:
    $1,500
  • Fraud Fee:
    $500
  • Public Law Fee
    $4,000
    If more than 50% of the employees are on a non-immigrant visa like H1B
  • Optional Premium Processing Fee:
    $2,500
    If you want your decision within 15 days once the petition has been selected in the lottery.
  • Our Fee if you have an Employer:
    $1,500
  • Additional Agency Fee locating the Employer:
    $5,000

Family Status

The spouse and unmarried children (under the age of 21) of H1B professionals are allowed to stay in the United States under a dependent category called the H4 visa for the same duration as the H1B status.

Permanent Residence (Green Card)

An H1B holder is eligible to apply for permanent residency to USA. H1B does not automatically become a green card. The employer must actively apply for EB3 or EB2 immigrant visas.

Changing Employer

H1B visa can be transferred to a new employer. You can also start working for new employer upon the receipt of H1 transfer case.

Investments/Finance

  • H1B visa holder can buy or sell real estate or any other property in USA.
  • H1B visa holder can purchase lottery tickets
  • H1B visa holder can invest in the stock market as well.

Should the H1B holder be working at all times?

As long as the employer/employee relationship exists, an H1B holder is still in status. An H1B alien may work in full or part-time employment and continue to be in status. An H1B alien may:
  • apply for vacation
  • apply for sick/maternity/paternity leave
  • go on strike
  • or otherwise be inactive without affecting his or her status

Change of circumstances

As long as things are smooth and steady, there are no interruptions to the visa holders status. However, personal circumstances change every now and then

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The GEMS team will make the process
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