H-1B Visa: How to Obtain a Temporary Work Visa in the USA

Asım Kılınç, Immigration Attorney, CK Law Firm

With the H1B visa, professionals can take their expertise global and gain temporary work visa authorization in the United States. Designed specifically for individuals working in specialized fields, this visa can be obtained with proper planning and documentation. In this article, I will explore the following topics related to the H-1B visa:

• What is the H-1B Visa, and Who is It For?
• How to Obtain an H-1B Visa: Step-by-Step Process
• H-1B Visa Application Dates and Quotas
• Special Documents Required for the H-1B Visa
• What You Need to Know About Working with an H-1B Visa

If you have questions beyond these topics, feel free to reach out through the comments section of this blog or via the CK Law Firm official website. For personalized inquiries or consultancy services, you can also connect with me directly on LinkedIn.

What is the H-1B Visa, and Who is It For?

The H-1B visa is a temporary work visa designed for professionals seeking employment in specialized fields in the United States. It typically targets individuals working in areas requiring technical expertise or specialized knowledge, such as software development, engineering, medicine, and finance.

H-1B visa holders are initially granted a three-year work authorization in the U.S., which can be extended to a maximum of six years without reapplying. To qualify for an H-1B visa, you must have a job offer from a U.S.-based company that agrees to sponsor your application.

How to Obtain an H-1B Visa: Step-by-Step Process

Applying for an H-1B visa involves a series of procedures. By following the essential steps, you can secure a work visa and continue your professional journey in the United States. Here are the key steps in the process:

1. Secure a Job Offer from a U.S. Company

The first and most crucial step is obtaining a job offer from a U.S.-based company. The company will act as your sponsor, initiating the temporary work visa application process on your behalf. Therefore, securing a job offer is the starting point for applying for a work visa. For more details, you can refer to our article, “Guide to Finding an H-1B Visa Sponsor“

2. Obtain Labor Condition Application (LCA) Approval

Your employer must acquire an LCA from the U.S. Department of Labor. This document certifies that the job has been designed in a way that does not negatively impact U.S. workers and ensures fair conditions for the sponsored employee.

3. Prepare and Submit Form I-129

Your employer will file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS on your behalf to initiate the H-1B application process. This form includes details about your job offer, whether the position requires specialized knowledge, and the salary you will receive. Accurate and complete submission of this form is crucial for the success of your application.

4. Pay the Application Fees

The costs associated with the H-1B visa application are covered by your employer. These fees vary depending on the type of application but typically range from $750 to $4,500. The required H1B visa fees are:

• Application Fee: $460
• Anti-Fraud Fee: $500
• Education and Workforce Fee: $750–$1,500 (based on the size of the employer)
• Premium Processing Fee (optional): $2,500 (for expedited processing)

It is the employer’s responsibility to cover these costs, ensuring the application is filed correctly and promptly.

5. Attend the Consulate Interview

Once your application process is complete, you must attend an interview at the U.S. consulate. During the interview, you will be asked questions about your job offer, documentation, and the purpose of your visa. To ensure a smooth interview experience, it is essential to:

• Prepare all required documents thoroughly and ensure they are complete.
• Practice your responses to potential questions in advance.

Being well-prepared will increase your confidence and improve the chances of a successful interview.

H-1B Visa Application Dates and Quotas

The H-1B visa application period follows a specific annual timeline, typically starting in the first week of April. Applications remain open until the predetermined cap is reached. The U.S. allocates its annual H-1B visa cap to accommodate 85,000 professionals, distributed as follows:

• 65,000 Visas: Reserved for standard applications.
• 20,000 Visas: Allocated for applicants holding a master’s degree or higher.

Due to the rapid filling of these quotas, it is crucial to submit your application as early as possible. Additionally, ensuring that all required preparations are completed before the application period begins is essential for a smooth and timely submission.

Special Documents Required for the H-1B Visa

Preparing the special documents is a critical part of the H-1B visa application process. Missing or incomplete documentation can result in delays or even denial of your visa. To avoid such issues, ensure the following documents are ready:

• Passport: A valid passport that has not expired.
• Diploma and Academic Transcripts: Graduation certificate and transcripts from your educational institution.
• Employer Offer Letter: A formal document detailing the job offer provided by your employer.
• LCA (Labor Condition Application): An approved certification obtained by the employer.
• Form I-129: The primary form used for the H-1B visa application process.
• Photograph: A biometric photo meeting U.S. visa standards.

Foreign professionals must ensure that their documents are accompanied by notarized English translations. Therefore, it is essential that all your documents are prepared in English to meet the H-1B visa application requirements.

What You Need to Know About Working with an H-1B Visa

As an H-1B visa holder, you are legally authorized to work in the United States and, under certain circumstances, you can transition your visa to a Green Card. Additionally, your spouse and children can accompany you to the U.S. on an H-4 visa. Beyond this, the H-1B visa provides several other benefits:

• Protection of employee rights.
• The ability to change employers under specific conditions.
• Opportunities for academic and professional development.

The H-1B visa is a valuable opportunity for individuals aiming to build a career in the U.S. However, completing this process successfully requires careful planning. With the right documents, a qualified employer, and timely submission, you can obtain a temporary work visa.

If you have any questions, feel free to leave a comment below this blog or contact us through our website. For personalized inquiries or to benefit from my consultancy services, you can also connect with me on LinkedIn.