USA Skilled Migration
The H-1B visa program serves as a mechanism through which foreign workers, specializing in particular fields, may be employed by U.S. employers when suitable domestic candidates are not readily available. Functioning as a work permit, the H-1B visa is designated for various specialty occupations that necessitate specialized theoretical or technical expertise. These occupations span a range of sectors, including IT, architecture, engineering, mathematics, science, and medicine, provided that the position requires a graduate-level qualification.
To meet the criteria for classification as a specialty occupation, the position must fulfill the following prerequisites:
- Mandate a minimum entry requirement of a Bachelor's degree or its equivalent.
- The degree requirement must be common within the industry, or the role should be of such complexity and uniqueness that only a degree holder can effectively execute it.
- The employer must typically demand a degree or its equivalent for the position.
- The specific duties of the role must be highly specialized and intricate, requiring the knowledge typically associated with obtaining a Bachelor's or higher degree.
In the event of the employee resigning or facing termination while residing in the USA as a non-immigrant, they may pursue one of the following options:
- Secure another job within 60 days and initiate the necessary paperwork.
- Apply for a change of status from 'non-immigrant' to 'immigrant' or Green Card status.
- Return to their home country or face deportation if terminated. In cases of termination, the employer is responsible for covering the reasonable costs of return travel.
The application process involves several steps, along with associated fees and processing times:
- Step 1: The aspiring visa recipient must secure a U.S. sponsor willing to facilitate the H-1B visa application process on their behalf.
- Step 2: The employer must file for certification of a Labor Condition Application (LCA) from the Department of Labor, a requirement for sponsoring workers in specialty occupations or fashion models. The LCA is approved upon the employer's commitment to adhere to labor-related prerequisites, such as wage standards and working conditions.
- Step 3: The employer must submit Form I-129 (Petition for NonImmigrant Worker), the certified LCA, supporting documentation, and the requisite filing fees (currently set at $460, which is the H-1B visa cost) to the U.S. Citizenship and Immigration Services. The processing period typically spans 3 to 4 months, although candidates can opt for premium processing by paying an additional fee of $1,440, expediting the petition's review within 14 days.
- Step 4: If the USCIS approves the petition, the employee must complete the visa process by visiting the U.S. consulate or embassy in their home country and, if necessary, applying for the H-1B visa from the U.S. Department of State. This stage generally requires 2-3 days but may vary depending on the location. Subsequently, the visa holder must seek admission to the USA from Customs and Border Protection.