J-1 Visa in the USA

There are 2 options to get a job in the US. The first is to obtain a job in an MNC and get posted onsite in the US. The second option is to study an MS degree in the US and search for a job there.

The application process for a US Work Visa differs depending on the location of the US Consulate/Embassy. Below are some of the common steps to be followed for the US Work Visa application:

• Applicants must fill the DS-160 Form online and get the printout of the confirmation page upon submission. The recent photograph of the applicant along with the confirmation page must be carried to the Visa interview.
• Applicants are offered the option to schedule an interview for submitting documents only after they pay the non-immigrant Visa fee of $190
• Applicants must visit one of the VACs for providing fingerprint scan before visiting the US Consulate/Embassy. The VAC will also capture the photograph of the applicant.
• Applicants must schedule an appointment for the Visa interview for submitting their application with the necessary documents

The US Working class Visas includes H-1B, L-1, etc. The USCIS website has its fee structures along with the forms that need to be submitted for obtaining these Visas. However, the cost of obtaining these Visas is to be borne by the employer and not the worker/employee.

Your current immigration status in the US or the type of US Visa that you hold will decide the duration of your Work Visa. In most of the cases, it is 12 months. Nevertheless, obviously, no individual will be offered a Work Visa that has longer validity than their authorized stay in the US.

The requirements that need to be fulfilled for the US Work Visa (Q, P, O, L, or H Visa) are:

• Form DS -160 electronic application for Non-immigrant Visa
• A valid passport for travelling to the US that has a minimum validity of 6 months after your stay period in the US
• One 2X2 inches photograph taken within the past 6 months
• You may have to pay extra fee for Visa reciprocity based on your nationality if the Visa is offered
• You will have to pay fraud detection and prevention fee if you are an L-1 applicant on a blanket application
• The receipt number specified on your authorized petition I-129

It may take around 5 months for processing your US Work Visa and in some cases up to 7 months. This is after USCIS – US Citizenship and Immigration Services receives your application for the Visa.

No, this is not possible. To apply for this visa, you must have a job offer from a U.S. company or organization.

This visa has a validity of three years with the option to extend it up to a maximum of six years.

Once the maximum period for the visa is over, a foreign worker must either leave the U.S. or obtain a different visa.  Otherwise he can lose his legal status and can even be deported.

Presently the H-1B visa programs issue 65,000 visas to qualifying foreign workers. However, 20,000 additional visas are issued to those eligible to work under the H-1B advanced degree exemption.

Here are the steps to apply for an H1B visa

Step 1:

Determine your visa type by reading Common Nonimmigrant Visas. Each visa type explains the qualifications and application items. Choose the visa type that applies to your situation.

Step 2:

The next step is to complete the Nonimmigrant Visa Electronic Application (DS-160) form. Be sure to read the Guidelines for Completing the DS-160 Form carefully. All information must be correct and accurate. Once the form is submitted, you cannot make any changes.

Step 3:

Once you have completed the DS-160, you must pay the visa fee.

Step 4:

You will need to login to your profile with the same credentials you used to pay your visa fee. On the website, you must schedule two appointments, one for the Visa Application Center (VAC) and one for the visa interview at the Embassy or Consulate.

Step 5:

Ensure you take the required documents with you for the Visa Application Centre (VAC) appointment.

Step 6:

After your visit to the Visa Application Centre to have your photo and fingerprints taken, you will then visit the U.S. Embassy or Consulateon the date and time of your visa interview along with the required documents.

H1B visa sponsorship:

An employer can accept a non-immigrant by hiring them for an H-1B visa to work in the United States. The worker must have at least a bachelor’s degree (or the equivalent in their country) and the position they are applying for must involve the use of specialist skills. Positions can be found in specialist fields such as architecture, law, finance, medicine, etc.

Candidates must submit their H-1B visa application six months before the start date. Employers with cap restrictions are advised to submit the applications in April for the Fiscal year on the 1st of October. The FY will have a new slot of 65,000 H-1B visas that will be made available.

The basic requirement for the H-1B visa is for the candidate to have at least a Bachelor’s degree in any occupation that qualifies for the H-1B status. The occupations that qualify for the H-1B visa are listed below:

• Accountants and Auditors
• Architects
• Biologists
• Budget and Management Analysts
• Chemists
• Civil Engineers
• College and University Educators
• Database Administrators
• Data Communication and Network Administrators
• Economists
• Electrical and Electronic Engineers
• Investment Banking and Securities Dealing
• Graphic Designers and Artists
• Industrial Engineers
• Mechanical Engineers
• Physicians and Surgeons
• Sales and Distribution Managers
• Software Engineers
• Statisticians
• Surveyors
• Systems Analysts and Programmers
• Teachers, Primary and Secondary Schools
• Therapists

As an H-1B visa holder, you can enjoy the following rights:

Minimum salary: The employer must pay you the minimum wage or the wage paid to your colleagues. You must be offered benefits that are available to the citizens of the US.

Work conditions: The working conditions provided to you must be equal to that of the US workers.

Labor Condition Application: The employer hiring you must provide you with a copy of the Labor condition application.

Unlawful deductions: The employer who has hired you cannot get you to pay directly or indirectly any petition fees or penalty for leaving the employment before the given date or pay any business expenses to the employer.

Yes, H1B visa holders can bring eligible family members with them to the U.S. Family members of the H1B visa holder can live in the country throughout the stay of the primary visa holder. In order to be eligible to do so, the dependent family members must apply for the H4 application. Candidates can apply for the H4 visa at the same time as the H1B visa application or after the H1B visa holder leaves for the U.S. Spouses and unmarried children under the age of 21 are considered as Dependent family members.

Yes, H1B visa holders can apply for a Green Card upon meeting the eligibility criteria. The H1B visa is known to be a dual-intent visa wherein candidates can qualify to apply for permanent residence. Before applying for the Green card, the primary requirement is for the candidate to reside in the U.S. for at least six years. Upon acquiring a Green Card, an individual can permanently live and work in the U.S., eventually qualifying for citizenship in the future.

Yes, H-1B workers must pay taxes while living in the U.S. The country maintains stringent laws that need to be followed by all the citizens living in the country. Individuals with H-1B visas are required to pay federal and state taxes based on their income. H-1B visa holders also have access to social security benefits, mandating them to pay social security and Medicare taxes.