Posted on September 05 2022
Of the H1B Visas issued by the USA in 2021, 75% of those total visas have been received by India-born individuals which means 3.5 lakh Indians have obtained H1B Visas.
An H-1B work visa allows a person to work in the USA. H1B allows Companies in America to recruit foreign citizens possessing special skills which are not available in the current working place. H1B comes up with a 3-year validity period and can be extended for another 3 years, which means a total of 3 years.
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According to the United States Citizen and Immigration Services (USCIS), any individual who possesses specialized skills and has the ability to implement practical and theoretical knowledge along with having a Bachelor’s degree or any equivalent will be considered qualified for an immigration visa H-1B.
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The hiring companies need to make sure that the below-mentioned criteria are met to apply.
The applicant has finished his/her bachelor’s degree or a higher degree in the US from an authorized college or a university.
If the applicant possesses any equivalent or higher degree in a foreign country particularly for that occupation.
The applicant needs to be authorized or possess a legal license or a certification to good practice in that special occupation.
Need to have at least three years of work experience in that particular special occupation that the applicant is applying for.
Note: Three years of field training or work experience is considered equal to one year of educational experience.
The wages that had to be paid must be either more or equivalent to the other job holders being paid in the USA and this need to be acknowledged in the Labor Condition Application (LCA).
Along with the circumstances mentioned above the wages must be set and reported to the labor department in the USA.
The job provider has to apply for a Prevailing Wage Determination (PWD) and receive the same from the National Prevailing Wage Centre (NPWC).
As per the instructions mentioned, the other methods that must be specified like the “independent authoritative source” or “collective bargaining agreement” might have to be provided.
In 30 days, notice needs to be submitted before the employer files LCA to the US Department of Labor (DOL).
The essential information that has to be submitted is mentioned above:
Notification for workers needs to be provided as mentioned below:
The notice has to be given to the collective bargaining representative, in case the employee is being employed by the collective bargaining method.
If the collective bargaining representative is not present, the job provider needs to approach with the following:
Hardcopy Worksite notice: A notice need to be submitted to the LCA that has to be shown at the two of the locations for a minimum of 10 days.
Electronic Notice: An electronic notice needs to be sent through email to all the workers in a location where H1B workers are required.
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A document needs to be applied for and obtained 6 months before the appointment of the H1B candidate. The job holder needs to submit an LCA to the DOL. No fees are needed for the LCA.
This document works as attestation or proof, and if it is not getting complied might lead to fines, can be detained, bars on upcoming employment, etc.
Considering the geographical area, the H1B job provider needs to pay the job holder as per the pay specified for a similar post in the USA.
The wages have to be either more or equivalent to what the job holders are being paid in the US and this must be acknowledged in the LCA.
The LCAs need to be uploaded and had to be posted using the FLAG system. During this, if the job provider is unable to file the same online, then he should appeal to the Administrator to file the same by email.
The DOL will review all the LCAs in 7 working days and feedback is received.
The flag system is updated with the log statuses.
At the USCIS, a lottery will be held for which the employer must register. The job provider can register either before or after the application based on his requirement.
During the lottery that is held because there are finite visas being provided by the Immigration Department. Electronic registration is required on behalf of the employer. This contains the basic information regarding the employer’s business or organization.
This is used to apply between March 1st to March 20th and is required you to submit $10 per employee required. The winners get information by at the latest March 31st. only winners will need to submit an I-129 petition.
The job providers have to open an online account with the USCIS by clicking on “I am an H-1B registrant”
Details required:
According to the number of employees, the registration fee needs to be paid.
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After signing up all the applicants for the H1B, the visa will be closed, and USCIS run the lottery.
Initially, 65000 limitations would get addressed, followed by an additional 20000 for a master’s degree or higher.
Points to note:
All the signed-up registrants need to finish their H1B petition in 90 days beginning from April 1st. as soon as the LCA certification is done the employer needs to put forward Form I-129. Do not forget to submit the LCA and the notice from the Lottery registration along with Form I-129. Make sure to read the instructions on Form I-129.
Paying the number of fees will vary from employer to employer and is clearly mentioned in the Form I-129. Then the petition has to be completed. Check the order of the documents list that is mentioned in the form being applied for.
Also read…
USCIS Completes FY 2023 H-1B Selection
H-1B registrations increased by 57% to reach 4.83 lakhs in 2023
After receiving the Form I-129 approvals, the job provider needs to receive Form I-797 which contains the Notice of Action. That specific copy has to be sent to the recipient so that the applicant can apply for an H1B visa at the USA consulate or embassy.
And now the H1B worker has to apply for Customs and Border Protection for entry through the H1B classification. Even after the employee arrives, the employer needs to follow the procedures of Form I-9 after following the other hiring procedures.
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H-1B visa
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