Under the H1B visa category, a foreign national can live and work in the USA. An H1B visa holder is permitted to get H1B jobs in USA, if he has specialized skills in any field. Persons with specialized skills are sponsored by their recruiters, for working at specified positions in that company. It is a lottery-based system and a cap on H1B visa holders is put by the authorities which monitors the arrival of visa holders in the country. According to US Immigration and Visa policy all the necessary forms are to be submitted and candidates must abide by the rules.
The visa holders get 3 years to live in the USA, this period can be extended by 36 months more. Many perks come along with employment, certain allowances, and medical insurance. H1B visa holders might face some issues while applying for extensions, but generally, they manage to get visa sponsorship extensions. More than 1 lakh H1B workers are given a chance to kick start their professional life in the US job market. Companies based in the USA, offer employment for special occupations, the H1B candidates must possess a specialized skill to get a work permit in the USA.
Understand H1B Visa and Other Aspects
The US government grants a work permit, by which a foreign worker is authorized to work and live in the USA. The H1B sponsoring companies hire the candidate, for any position and sponsors the arrival of the H1B candidate. All the necessary documents are to be filed by the candidate on time and the candidates must abide by the immigration policy of the USA. They must fulfill the criteria of an H1B visa application. The recruiter has to pay, the visa application fees of the H1B candidate.
The H1B visa is given through a lottery system that is generated through the computer. H1B visa caps are generally categorized into regular pool and master’s students. Many benefits are administered for students with master’s degrees, your application can enter the regular pool and then has the chance of getting selected through a random selection process.
Although if an applicant cannot make it this year they can reapply next year and they will get their fees back. The applicants can choose to stay in the USA permanently and work in a certain position in any company or they can even return to their country.
Requirements of an H1B Visa
There are certain requirements, that are to be fulfilled by the candidates if they are applying for H1B visa sponsorships:
● The candidate must have a graduation, master’s, or specialization in any educational field.
● They must have a specialized skill, in which occupation they are getting the job offer.
● The specifications of a job position are to be fulfilled, what the recruiter has set up.
● Also, the hiring company must show the lack of applicants in the USA if the US job market has less number of qualified applicants. Then recruiters can hire candidates with specialized skills from foreign.
● Specialized skills defined by the United States Citizenship and Immigration Services are engineering, Law, Science, Mathematics, Medicine, and Health.
● Candidates applying for an H1B visa application must find H1B recruiters in the USA. it is very important for the candidates that the employer must sponsor them.
● A Labour Conditions Approval (LCA) must be submitted by the employer. It must be submitted to the DOL Department of Labour.
● The employee will be getting an equal or more than the standard wages given in the country.
● After the approval of the LCA, the applicant must apply in the nonimmigrant category. Form I-29 must be submitted along with all the relevant documents such as the applicant’s resume, the employment agreement, a letter of support, and all the relevant proofs of education, professional experience, and supporting documents of specialized skills.
● The duration for filing and approval of an H1B visa application may take up to 3 or 4 months.
● The visa process is to be completed by contacting the US Embassy, of the applicant.
● The candidates are required to fill out the DS-160 form and schedule an interview.
How can H1B visa holders get a green card?
For getting a green card, H1B visa holders can apply for a green card, or they can return to their homeland. The applicants can permanently migrate to the USA, and work at a certain position in any company. The applicants can apply for full citizenship when they still are employed in any H1B sponsoring companies.
What is an H1B transfer jobs USA?
The most common question that arises nowadays is whether the h1B visa holders can get H1B transfer jobs in USA. When an applicant gets a job offer on his visa duration and wants to make a switch in his job. Can he do that? So most certainly the applicant can do that and he has the chance to move on to better options while he is still on H1B visa sponsorship. The applicant does not have to return to their country and reapply for the visa. They can get the approval while they are in the USA and working for the previous recruiter.
The applicant’s new recruiter will now have to sponsor the applicant. Also, he has to apply for a transfer of H1B job status. This will give a new beginning for the candidate and the applicant can apply for a green card still. The H1B transfer will not be affected by the cap. Although it is not easy for an applicant, if he is looking for a new employer he has to follow the same procedure again. There is no obligation for the applicant to apply for getting consent from the previous recruiter for switching jobs.
If there are better opportunities in some other company the applicant is at liberty to switch jobs potentially and to grab more lucrative opportunities. The candidates can even choose to stay with the previous recruiter, after getting the approval for H1B transfer jobs in USA. If the new recruiter gets the H1B visa status approval, the applicant can work with the new recruiter.
Following the approval of the transfer of an H1B visa application
After the applicant has got the transfer application approved by the USCIS they can jump to the new recruiter. Unless it has been approved by the USCIS they must not change their place of work. They must stick to the rules and guidelines laid down by the USCIS regarding the transfer of H1B jobs in USA. For transfer of H1B transfer jobs in USA the candidates must fulfill some requirements:
● The candidate must be under the H1B visa status.
● They must begin to work for the new recruiter after getting approval from the USCIS.
● But they have to switch their place of work immediately after getting approval from USCIS.
● If they start to work for the new recruiter before getting approval from USCIS. And if their application stands rejected they will be labeled as “out of status”.
FAQ-
1- Can I work during H1B transfer?
Yes, definitely an applicant can work during the H1B transfer job in USA. They just have to wait for the approval of USCIS.
2- Is it hard to transfer H1B?
If an applicant finds better opportunities than his previous job, he can switch with proper documents and within the guidelines laid by USCIS. The new recruiter has to file an H1B visa petition and that has to be approved by USCIS.
3- Can I do H1B transfer from India?
An applicant can do H1B transfer even if he is staying in India. But the candidate must have an approved H1B visa from US authorities.
4- How much is H1B transfer fee?
The costs of all kinds are incurred by the recruiter so it is free for the applicant and they do not have to worry about it. The fees for an H1B transfer range between $ 2500-2700.
5- How long can I work after the H1B transfer?
The candidate can work for the remaining period after the transfer of H1B. They can apply for the extension and if the extension application is denied they will lose their authorization to work in the USA.