H1B Visa Sponsor list, H-1B Visa Jobs, H1B Visa Jobs, H1B Jobs, Work in USA, USA Work Permit, Green Card, H1 Visa, H1-B Visa, US work visa, jobs in USA, jobs in America, US Immigration visa, USA Visa Application, Jobs in US, USA Visa, Work in America, H1B News, OPT jobs, CPT jobs, international student jobs, H1B visa employer list | H1B Visa Jobs 4 Me

Please note that we have tried to keep this information accurate. Also, this is general information and should not be constituted as a legal advice. For all the latest information and regulations, please refer to the USCIS website.

The H1B visa program is the primary method for US employers to recruit & hire International professionals and International students to work in the USA. The H1B visa enables US employers to hire foreign professionals for a specified period of time. H1B is issued to a specialty occupation, requires theoretical and practical application of a body of specialized knowledge along with at least a bachelors degree or its equivalent. The H1B program allows workers in ‘specialty occupations’ to work in the US for up to a total of six (6) years. The visa can be extended after six years, if the visa holder’s Green card application is pending.

The H1B Cap is the quota of H1B visas issued every year. The number of H1B visas issued each year is subject to a cap that is determined by US Congress. The current H1B cap is set at 65,000 plus an additional 20,000 for International students that graduate with a Masters or a higher from a US University.

current H1B holders transferring their visa to a new employer / sponsor
Cap-exempt positions: 'New' applications for an H1B with non profit organizations, Government Research organizations, and institution of higher education.

Please note that the H1B transfers and cap-exempt positions are unlimited and available all year round for applications.

Certain types of US organizations and H1B sponsorship jobs are ‘exempt’ from the regular annual quota. The USCIS states that petitions (applications) for new H1B employment are exempt from the cap if the applicant will work at the defined institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, employers may continue to file petitions for these exempt H1B categories regardless of H1B visa number availability. All types of jobs and positions are available for cap-exempt H1B visas.

A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or higher degree or the equivalent in the specific specialty. There are several job areas and occupation categories which may qualify for specialty occupation: IT, Computing, Finance, Accounting, Banking, Marketing, Advertising, PR, Sales, Recruiting, Engineering (all types), Teaching, Doctors / Physicians, HealthCare / Medical, Legal, Lawyers, Networking, Telecoms, Business, Management, Scientific Research, Managers, Analysts, Technicians, etc.

The H1B worker's family may also be permitted to live in the US during the period that the H1B visa is in effect, but can not be a paid employee while on an H4 visa. An H1B holders Spouse and children (under the age of 21) can move to and live in the USA with the H1B holder - but they can not work unless they obtain their own work visa.

The H1B is also 'dual intent'. This means you can obtain a Green Card to permanently live in the USA. During the term of the H1B visa the employee can also apply for permanent residency. This is called "Dual Intent", and is a privilege some other U.S. visas do not enjoy.

The length of time that a worker can have an H1B visa is usually an initial period of up to three years. The initial H1B visa can then be extended one time for up to a combined total of six (6) years. However, if the person on H1B visa loses his job for any reason, he has to look for a new H1B sponsor, or else, has to leave the US.

High School Diploma (only required if no college level of education has been attained.)
College diplomas (Associate, Bachelor, Master, Ph.D)
College transcripts/academic records
Certificate/diploma of training courses in IT
Evidence of license or professional membership in IT
Employment verification in the form of retrospective references (these must correlate with information in CV/Resume)
Current CV / Resume describing in detail employment history including: name & address of employer, job title, month / year commenced employment & month/year concluded employment, type of business, duties performed, full/part time.
Identity page in passport plus any pages evidencing current or expired US Visas

One of the basic requirements for H1B is the education. The person must hold a U.S. equivalent 4 year’s bachelor's or higher degree from an accredited college or university, OR
12 years work experience: In addition to the academic qualifications, the individual must be fully qualified to lawfully perform the duties of the position offered. In occupations that require licensure or professional credentials (e.g., doctor, dentist, attorney, CPA, architect, registered nurse), the individual must already hold such qualification before the H1B visa petition can be filed, OR
If the foreign degree is 3 years bachelor's degree, 3 years of work experience in same or similar field / occupation can be considered to one year additional education, AND

Find an employer in USA who can offer you a job.
Employer files the H1B petition for you with - Department of Labor and USCIS.
Once the petition is approved, you are ready to work for the company on a H1B visa.

Finding a US based employer / company who can offer you job and sponsor the H1 visa is most critical part of this process. Not all US company's sponsors the H1 B visa; there very few companies who will hire foreign workers on H1B visa. Upon approval of the H1B visa petition, you will be permitted to work for that employer in the United States. You will need a visa stamped in your passport in order to legally enter the United States. A visa stamp can be obtained at any United States consulate in your home country. Based on which country you live in the procedure to get an appointment for visa stamping purpose may vary.

An employer can be an individual, partnership or corporation. Applications are "job specific." If your situation changes (for example, you lose your job or change locations), your new employer must file a new H1B visa petition. The visa is only valid for work with the employer that filed the original petition. The USCIS requires employment letters which provide:

2. The 'Prevailing Wage' and actual wage must be determined and compared. The employer is required to pay the higher of the two.

The prevailing wage is determined by the State Employment Security Agency by completing a special form, which asks the employer for the responsibilities, skills and experience needed for the job. The actual wage is determined by comparing other workers in the same positions with the same level of experience.

This is a two-page form that contains information about the employer. By completing and signing the form, the employer is agreeing to pay the higher of the two wages, that the employment of this individual will not adversely affect the conditions of other workers and that there is no strike for their occupation at the workplace. Recently, Congress determined that employers must attest that they will offer H1B visa holders the same benefits as their other workers. This includes health, life, medical, retirement, stock options and bonuses.

Mailing Address: ETA Application Processing Center, P.O. Box 13640, Philadelphia, PA19101

4. When the LCA is approved, the Department of Labor (DOL) will return a certified copy to the employer.

5. The employer must post notices at two conspicuous places at their business of the H1B visa filing for 10 days or provide notice of the filing to the collective bargaining representative for their employees.

The LCA form can be used for the actual posting as well. After the Department of Labor accepts the LCA, then your employer can file your H1B visa petition. BCIS Form I-129

The filing must include the required forms, fees, documents and information; form I-129, education & experience evaluation & documents, training certificates, professional memberships, resume, employment agreement and letter of support.

Processing times vary depending upon service center and the visa. It could be up to a three- to four-month wait. If the employer can show a substantial need for the employee, USCIS might approve the petition sooner. Employment cannot begin, however, until INS has issued the appropriate visa.

The petitioner (prospective employer) is sent a receipt by the USCIS Service Centre which bears a 9 digit reference number pertaining only to that particular case, H-1B processing times and general information about the petitioner and foreign worker. This is the petitioner’s first confirmation that the petition is in the adjudicating queue.

9. A notice is generated by the prospective employer and mailed to the consultant notifying him/her of this receipt and outlining information on processing times etc. The notice should warn the consultant not to resign from current employment, sell accommodation or make any major life changes until it is communicated that the H1B visa petition has been approved.

Generally a case will be approved within or on the designated time frame outlined in the USCIS receipt. An approval notice (Form I-797) is issued to the petitioner. The Form I-797 shows dates of validity for the foreign worker to work in H1B status for the petitioner.

The Premium Processing Service allows expedite the procedures for visa processing. The USCIS guarantees that it will process the visa petition within 15 days under this service. There is a $1,000 fee that your employer must pay to the USCUS in order to use this service. Also, a separate phone number and e-mail address is provided for companies using the expedited processing to check on their status or ask questions. Only your employer or business can apply for this service. The $1,000 fee is fixed and cannot be waived for any reason. However, if the USCIS is unable to complete the processing within 15 days, the entire fee will be refunded.

Is there any other way to get expedited processing besides the premium service?

Yes, the USCIS allows for expedited processing under the following circumstances:

Severe financial loss to a company or individual,
Extreme emergent situation,
Humanitarian situation,
Department of Defense or national interest situation, or
USCIS error

Filing an H1B visa application can cost anywhere from $1,440 to $2,190, excluding the attorney fees. Below we discuss the fees and costs involved in filing a H1B visa. H1B Application and filing fees are normally all paid by the Employer / Sponsor Company. However, in some cases, the applicant may have to bear these costs.

The standard H-1B filing fee is $320 for the 1-129 petition. This fee is also payable for renewals, transfers, and amendments. Almost everyone has to pay this. There can also be additional fees at the consulate when applying from abroad.

The employer must pay a fee of $1,500 towards a training fee meant to fund the training of U.S. workers. But if the employer has less than 25 full-time employees, they must pay only one-half of the required fee which is $750 [see Section §214(c)(9) of the Immigration & Nationality Act].

The training fee is paid one time to initially grant the H-1B petition and to extend H-1B status. But if this is the second or subsequent extension with the same employer, then the training fee is not required.

The following are exempt from the training fee: primary or secondary educational institutions, institutions of higher education, nonprofit organizations related to or affiliated with any institutions of higher education, a nonprofit organization that engages in established curriculum-related clinical training of students registered at any institutions of higher education, nonprofit research organizations or a governmental research organizations [see Section 214(c)(9)(A) of the Immigration & Nationality Act and 8 C.F.R. §2l4.2(h)(19)(iii)-(iv).

A $500 fraud prevention and detection fee is required for the initial H-1B petition or to switch employers. The fraud fee is not required for extensions with the same employer [see Section 214(c)(12) of the Immigration & Nationality Act].

Premium Processing adds dignity to what can otherwise be a vulgar brawl. The $1,000 fee is almost always worth every penny. Decisions are made within 15 business days. Your lawyer is provided a direct telephone number and email address for the office, and the specific officer, handling your matter (should any issue arise that needs attention). And if applicable, your family’s H4 applications will be processed along with the primary H-1B petition at no additional cost.

Family members can apply as dependents of the primary H-1B applicant. The fee is $300. See Form I-539.

It is recommended to use an immigration attorney to help prepare and file the application documents and forms. Attorney fees vary depending on the attorney you choose to use, but as a guideline you can expect to pay anywhere in the region of $1,000 - $2,000