If you are a foreigner who is in the category of an American professional with an H1-B visa, working in the United States is considered to be a very solid option. In this guide, we’ll cover everything about the H1-B visa: it goes over the various ways, who is qualified, what application forms you need, the kind of taxes you are required to pay, and any process used to get a Green Card.
What is the H1-B Visa
This visa was introduced for American companies to hire skilled foreign labor for certain jobs when there are not enough qualified domestic workers. It was created by two laws, the Immigration Act of 1952 and 1990.
Types of Nonimmigrant Visas
- H-1B1 Visa: meet the same requirements as for a standard H-1B, but you must also be a citizen of Chile or Singapore.
- H-1B2 Visa: You have to show a letter from a Department of Defense project manager confirming your work on cooperative research and development for a specific project and know information about your duties and colleagues on the project.
- H-1B3 Visa: Unlike other H-1B visas, you don’t need a bachelor’s degree for this one. Instead, the job must need fashion models who are well-known and respected.
Application Process
Lottery Registration:
Because there’s a limit on the visa, most people have to enter a lottery to get one. To do this, you register online with USCIS and pay a fee.
Labor Condition Application (LCA) Submission:
After registering, employers have to send an LCA to the Department of Labor. This makes sure foreign workers get fair pay compared to American workers. It has details like wages and must be sent within six months of starting work.
Form I-129 Filing:
Once the LCA is approved, employers fill out Form I-129 (Petition for a Nonimmigrant Worker). This form asks for information about the employer, the job, and other important details.
Understanding the Expenses of the H-1B Application
Getting an H-1B visa involves paying several fees:
- Lottery Registration Fee: $10.
- Form I-129 Filing Fee: $460.
Other fees might come up, like if you change jobs or hire a lawyer.
Recently, fees have gone up, with the lottery registration now costing $215 and the Form I-129 fee reaching $1385.
Consular Processing:
If you’re outside the US, you need to go through consular processing, starting with Form DS-160 and an interview at the nearest US embassy or consulate.
H1-B Visa Cap and Exemptions
The H1-B visa has a limit of 65,000 visas, plus an extra 20,000 for people with master’s degrees or higher from U.S. colleges. When all these visas are taken, applicants have to try again the next year. Some people are exempt from this limit, like educators in higher education, researchers in non-profit organizations, and employees of government research organizations.
Rights and Responsibilities of H-1B Visa Holders
- Right to Work: You can work for the employer who sponsored you in the job you were hired for.
- Labor Protections: You’re entitled to fair pay and can join a union for support.
- Job Change Option: If you find a new job, your new employer can apply for a new H-1B visa for you.
But, you also have duties:
- Follow Laws: Obey federal, state, and local laws, including paying taxes.
- Report Changes: Tell USCIS about any job changes.
- Renew on Time: Apply for extensions before your visa expires to stay legally in the USA.
Tax Obligations of H1-B Visa Holders
H1-B visa holders are seen as “resident aliens” for taxes in the USA. They need to pay income tax, Social Security, Medicare taxes, Federal Income Tax Withholding, and sometimes state and local taxes too. There are ways to lower how much tax they owe by using deductions and credits.
Reasons H-1B Visas Get Denied
Many things can cause an H-1B visa to be denied, such as:
- If there are problems between the employer and the employee.
- When it is not clear the job needs special skills.
- The person doesn’t have what’s needed for the job.
- When it is not clear the employer can hire people from other countries.
- If there were problems with immigration laws before.
- If it’s not clear what the person will do in the job.
What to Do if Your H-1B Visa is Refused
If your H-1B visa is rejected, you can stay in the USA until the date on your arrival card. But if you overstay, it might make it hard for you to come back. Your employer can try to appeal the decision, but winning is rare. Or you can wait and try again next year, maybe with help from an immigration lawyer.
Bringing Dependents to the USA on an H1-B Visa
As an H1-B visa holder, your spouse and kids under 21 can come to the USA with you by getting H-4 visas. To apply, you’ll need forms like DS-160, passports, photos, proof of payment, and documents showing your family relationship.
Extending an H1-B Visa
Your H1-B visa is first good for three years, but you can add three more years to it. Your boss needs to ask USCIS and pay a fee to start the extension. Also, You can stay in the USA for 240 days after USCIS gets the request. But it’s best not to travel outside the USA unless you need to for work.
H1-B visa and Permanent Immigration
Even though the H1-B visa is for temporary work in the USA, it can help you get a Green Card for permanent residency. With a Green Card, you can live and work anywhere in the USA, and later, you can even apply to become a U.S. citizen.
Process of Transfer from H1b to Green Card
Moving from an H1-B visa to a Green Card involves a few steps:
- Employer Starts PERM Labor Certification: Your employer starts by proving they couldn’t find a qualified American for your job and sets your wage.
- Fill Out Form I-140: Once they have this form, USCIS gives you a priority date, which is important for the final Green Card application.
- Complete Form I-148: This form shows you’re changing from a nonimmigrant to an immigrant. After 8-14 months, if everything goes well, you get your Green Card.
Cost of getting a Green Card
Getting a Green Card from an H1-B visa can be costly. You’ll need to pay $580 for Form I-140 and $1070 for Form I-485, plus fees for lawyers helping with the application.
What are the alternatives if I’m not selected in the H1B lottery
If you are not selected in the H-1B lottery, there are several alternative pathways to consider for working or residing in the United States. Here are some viable options:
1. O-1 Visa
The O-1 visa is designed for individuals with extraordinary ability in their field, such as arts, sciences, education, business, or athletics. Unlike the H-1B visa, the O-1 is not subject to an annual cap, allowing for greater flexibility. However, it requires substantial documentation to prove your extraordinary ability and can be a more complex application process.
2. Cap-Exempt H-1B Employment
Certain employers are exempt from the H-1B cap, including:
- Institutions of higher education or their affiliated nonprofit entities.
- Nonprofit or governmental research organizations.
These employers can file H-1B petitions at any time during the year, providing an opportunity to secure employment without going through the lottery.
3. Optional Practical Training (OPT)
If you are an F-1 student, you may apply for Optional Practical Training (OPT), which allows you to work in your field of study for up to 12 months post-completion of your degree. STEM graduates may qualify for a 24-month extension, giving them a total of three years to work and reapply for the H-1B lottery during this period.
4. Pursuing Further Education
Consider enrolling in a higher education program (such as a master’s or Ph.D.) in the U.S. This can make you eligible for the additional 20,000 H-1B visas allocated for individuals with advanced degrees from U.S. institutions. Additionally, it allows you to stay in the U.S. longer while seeking employment.
5. L-1 Visa
If you work for a multinational company with offices in both your home country and the U.S., you might be eligible for an L-1 visa. This visa allows companies to transfer employees who have worked abroad for at least one year in managerial or specialized knowledge roles to their U.S. offices.
6. J-1 Visa
The J-1 Exchange Visitor Program offers opportunities for cultural exchange and may allow you to work in specific fields related to your studies or training. This visa is often used by interns and trainees.
7. Remote Work from Abroad
If none of the above options are feasible, consider continuing your employment with a U.S. employer while residing in your home country. This arrangement may allow you to maintain your job while avoiding immigration complications.
Moving from an H1-B visa to a Green Card needs careful planning and following immigration rules. It’s a tough journey, but it’s a great chance for skilled workers who want to live permanently in the United States.
The H1B Visa guide offers exciting career opportunities in the USA and can lead to permanent residency with hard work. It’s a chance for skilled foreign workers to bring their talents to the U.S. job market. By knowing about the different visa types, requirements, applications, taxes, and the path to a Green Card, you can navigate this process well. Whether you’re a hopeful professional or an employer seeking specialized talent, the H1-B visa program opens doors to a bright future in the United States.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a US TN Visa or aUS E-2 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need to visit the United States You can call us today at +234 812 5505 986 to learn how we can help you.