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H-1B Visa New Guidelines – Application Process, Eligibility, Required Documents 

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The H1-1B Visa is a nonimmigrant work visa that allows US employers to hire foreign workers with specialised skill to work in the United States for a specific period of time. People who Outside US and they are looking for employment need to have a H-1B Visa under the Immigration and Nationality Act. 

H-1B Visa New Guidelines

On 1 April 2024, USCIS confirmed that the H-1B registration fee will remain US$10 this year, but it will increase to US$215 next year in March 2025. This is a significant development from practices in prior years, when H-1B petitions were required to be filed by the paper application mailed to a USCIS location.  

Your H-1B visa is generally valid for only three years and you can be extended for up to six years. To that your employer will need to complete and file form I- 129 again on your behalf, with any supporting documents and pay the filing fee. 

Making a determination whether a foreign national possesses required academic credentials necessary for an H- 1B occupation and the USCIS will consider three years of specialised training or work experience to be the equivalent of one year of your college education. 

H-1B Visa Application Process

Once you are selected for the H- 1B visa, then your employer can begin the process by filling a petition on your behalf.

  • Your employer will need to submit a Labor Condition Application to the Department of Labor for the Certification. The purpose of the LCA is to confirm that your employer will pay you the same wage as the other similarly qualified workers in the same geographic area and that your working conditions will not that much affect other employers.
  • Once the LCA has been certified by the DCL then your employer will have to complete form I-129, petition for the worker and file both the LCA and the I-129 to the USCIS with any fees and additional documentation. These documents are the evidence of your education and any training certificates.
  • If your form will be approved then you have two options, and that depends on if you are in the United States already or not.
  • If you are within the United States on a different visa category, then you must wait until your H-1B visa status becomes active in order for you to start working.
  • If you are outside the United State, then you will need to apply for consular processing. You will need to complete form DS-160 which will take around 90 minutes to fill in. 
  • You will also need to pay the application fee and schedule an interview at a US embassy or the consulate near you. 
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H- 1B Visa Eligibility Criteria

For the H-1B Visa you must be:

  • You must have 12 years of working experience, It can also be a mix of further education and work experience.
  • Your application must hold a bachelor’s degree or its equivalent. 
  • United States Citizenship and Immigration service will be determined if your employment constitutes a specialty occupation and if you are qualified to perform the services.
  •  The employers should file a labour condition with the Department of Labor that concerns the terms and conditions of its contract of employment with you.
  • You must have the ability to work in a specialty occupation.
  • You have to come to the US to earn and are not coming with the intention to pursue a hobby or to give free advice or any humanitarian service.

Documents Required For H-1B Visa

You must have these documents for H-1B Visa:

  • Your Passport.
  • Labor Certificate Approval
  • Appointment Letter offered by your employer.
  • Tax return paper of the company.
  • Copy of the letter sent to the Department of Justice of the US.
  • Copy of the letter sent to the Consulate General of the Indian Consulate.
  • Copy of the official valuation of your degrees.
  • PG certificate.
  • Appointment and relieving certificates from the previous companies that you were employed in past.
  • Dates of the prior that you stay in the US in H-1B status.
  • Job description and duty with the sponsoring US company to be described in short form.
  • Copy of the current US License or temporary licence.
  • Copy of resume with supporting certificates.
  • Two demand drafts $45 for the processing fee and $100 for the issuance fee.
  • 2 to 3 passport sized coloured photographs.
  • If you are in the US already then you must have a Current US address visa page for your current passport. 
  • Show the Title you hold with the sponsoring to the US Company.
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Benefits of H-1B Visa

There are some benefits of the H-1B Visa:

  • There is no limit to the number of H-1B visas that an individual can have in his/her lifetime.
  • H-1B holders can seek Green card or Lawful Permanent Residency for themselves and their family.
  • If the employer is terminating a H-1B holder before the end of the authorised employment period then the employer must pay a responsible cost of transportation for the H-1B holder to go back to his/her home country.
  • If the H-1B holder is changing jobs then he/she must reapply for a new visa. It doesn’t mean you get another 6 years permit. Those who are converting the H4 visa to H-1B status will get a 6 years permit from the date the status changed to H-1B status.

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