H-1B Visa

An H1B visa is a temporary work permit given to foreign workers for a maximum period of six (6) years. The Employer must apply to the USCIS for the foreign worker's H1B visa.

The minimum requirements for an H1B visa are that the position must be one where normally the minimum entry-level requirement is a Bachelors Degree (in the US a Bachelors Degree requires four years of full time study). However people with less than four years of college education can also qualify, provided they have sufficient work experience. Full state licensure is required, if licensure is required to practice the occupation.

The application process for an H1B visa involves a two-step process. First a Labor Condition Application (LCA) has to be certified by the Department of Labor. Amongst other things, the LCA determines the minimum salary that has to be paid the Alien worker. Once the LCA has been certified, it is included with the H1B application and sent to the INS. The processing time with the USCIS is different for the four Service Centers. On an average the processing time is about three (3) to six (6) months. The INS has four (4) Service Centers in California, Vermont, Nebraska and Texas having jurisdiction over different states in the US.

After the H1B application is approved, the H1B Approval together with a copy of the H1B petition is sent to the foreign worker. The foreign worker then goes for an interview to the US consulate, which has jurisdiction over the foreign worker's residence. The foreign worker is required to have the following documents with him for the interview:

1. A completed Form OF 156, the Form OF 156 will be given to the foreign worker at the US Consulate to fill out;
2. A valid passport with the expiry 6 months beyond the end date of employment stated on the H1B Approval notice;
3. Appropriate user fee applicable which is based on reciprocity and differs from country to country;
4. Passport size color photograph of the foreign worker;
5. The H1B Approval Notice and copy of the H1B application together with supporting documents.

The foreign worker should take the originals of all the supporting documents that had been filed with the H1B petition.

Arrival in the US

A few hours before any international flight lands at an US airport, the cabin crew distributes Form I-94 to all non-US citizens and non Green Card holders. The foreign worker should fill out the Form I-94 and hand it over to the USCIS Agent at the US port of entry. Form I-94 is a very important document as it determines the length of stay of the foreign worker in the US. The H1B visa in the passport is solely used to enter the US at the port of entry, once in the US, it is the Form I-94, which determines the legal status and length of stay in the US.

The USCIS agent at the airport will stamp the date of entry into the US and will also enter the date up to which the foreign worker can stay in the US (expiry date). This should correspond with the end date of employment in the H1B Approval Notice as also the H1B visa which is stamped in the passport. The foreign worker should carefully check that the USCIS Agent has entered the correct expiry date in the Form I-94, if the date is incorrect, it should be brought to the notice of the INS agent immediately and the foreign worker should show the USCIS agent his Approval Notice and the H1B visa in his/her passport and request the USCIS agent to amend the expiry date in Form I-94 to correspond with the date mentioned in the Approval Notice and the H1B visa.

Form I -94 should be kept securely stapled inside the foreign workers passport.