H1B Visa: A Special Guide for Those Who Want to Work in America

Asım Kılınç, Immigration Attorney, CK Law Firm

Many foreign professionals with the goal of working in the US can achieve their work visa goal with the H1B visa. The H1B visa allows professionals who specialize in fields such as science, technology, engineering and mathematics to start work after being offered jobs by US employers. In this guide, I answer the following questions about the H1B visa:

• H-1B Visa Occupations: Which Sectors Can You Apply?
• H-1B Visa Application Requirements: Who is Eligible?
• Documents Required for H-1B Visa
• H-1B Visa Fee: Detailed Analysis
• What is the H-1B Visa Quota?

If you have any other questions about the H1B visa, please feel free to contact us in the comments section of this blog or on the CK Law Firm Immigration Lawyer Webpage. You can also contact me on LinkedIn for private inquiries and consultations.

H-1B Visa Occupations: Which Sectors Can You Apply From?

H-1B visa occupations require specialization, especially in fields such as computer science, engineering and health sciences. This visa is also suitable for people of different nationalities working in positions that require a high level of education and expertise. Some sample professions for which you can apply for an H-1B visa are as follows:

• Computer systems analysts
• Biotechnology experts
• Architect
• Engineer
• Financial and investment analysts

H-1B Visa Application Requirements: Who is Eligible?

To be eligible to apply for an H1-B visa, candidates generally need to have a bachelor’s degree in the relevant field or equivalent professional experience. Among the H1-B visa requirements, it is important for candidates to document that they have the necessary knowledge and skills for the job position they are applying for. People who have these competencies can apply for an H1-B temporary work visa.

What are the Documents Required for H-1B Visa?

We need to consider the documents required for the H-1B visa application in two separate categories. The documents that your employer, i.e. the sponsor, must provide and the documents that you, as the applicant, must provide are separate. First of all, the documents that the employer must provide are as follows:

• Approved and signed H visa request form
• A document containing the average salary of employees in similar positions in your region
• Document showing the salary paid by the employer to employees in similar positions
• Fee receipt paid to the US Department of Homeland Security (Paid by the employer)
• All offer letters explaining the terms and duration of employment
• If the employee will be working in more than one location, additional documentation listing the dates and address of the locations where the work will be performed
• Evidence that the employee has the degree required for the job, such as transcripts and diplomas.
• Translation of all documents not originally in English certified by a sworn translator
• Educational equivalency assessment for degrees from non-US universities
• Current CV
• Professional license (if required)
• Passport page with personal details and expiration date
• If the employee is in the US, the passport page showing the most recent visa stamp and documents showing the status of presence and entry and exit from the country

The documents that you, the people who will apply for the H-1B visa, should prepare are as follows:

• Passport
• Application fee receipt
• Photo
• Receipt number (can be found on form I-129)

H-1B Visa Fee: Detailed Cost Analysis

H-1B visa fees primarily include the H-1B registration fee. This registration fee is 215 dollars. The subsequent Form I-129 fee has two different pricing according to the size of the employer’s company. While this fee is 780 dollars for large companies, it is 460 dollars for small businesses.

Form I-129 is a form that employers in the United States submit to the Bureau of Citizenship and Immigration Services (USCIS) in the United States to apply for work authorization for non-immigrant workers. This form must be approved to apply for an American Temporary Work Visa.

In addition to these fees, there is also a Premium processing fee to ensure that your transaction is fast-tracked within 15 days. The fee for this process is 2,805 dollars. However, this does not speed up your consular visa process.

How to Get an H-1B Visa: Step-by-Step Application Guide

The answer to the question of how to get an H-1B visa may vary due to the fact that the process is completely personal. In this process, you must first find an employer who will offer you a job offer from your profession. Afterwards, your H-1B visa process starts with the employer registering online for you.

Once the registration is approved, your employer files a DOL (US Department of Labor) approved LCA (Labor Condition Application) and Form I-129 (Petition for Alien Worker) with USCIS (US Citizenship and Immigration Services). After all documents are submitted completely and accurately, USCIS evaluates the application and the H-1B visa allows you to start your US life.

What is an H-1B Visa Quota?

After finding answers to the questions of what is an H-1B visa, another most curious issue is the quota of the H-1B visa. As applications for H-1B visas have increased over time, a certain quota has been formed in this visa type and these applications have become received by lottery as many as the number determined in the quota. Previously, applications remained open for a long time to fill the quota, while today the quota is filled quickly.

This quota offers 85,000 positions. Of these, 65,000 are reserved for bachelor’s graduates or experienced people, while 20,000 are reserved for postgraduates or higher academic professionals.

If you would like support with your H1-B visa process, you can always contact us through the CK Law Firm Website or in the comments. You can also reach me on LinkedIn for private inquiries or consulting services.