H-1B Visa Rules

H-1B Visa Petition Rules

The employers who are authorised to hire a foreign worker must adhere to the H-1B Visa rules before filing the petition. The petition can be filed for a new job that fulfils the H-1B Visa requirements or to extend the visa period to another three years. The petitions filing is allowed under the following conditions:

1. The complex nature of the job requires a skilled worker who has completed either a bachelor's or higher degree.
2. The specified position must require a worker with either a bachelor's or higher degree to fulfil the position.
3. Employers will need to file an approved ETA-9035 Form (LCA) and I-129 Form (petition to USCIS) for the application.
4. The worker has either a bachelor's or higher degree from one of the accredited college or university from the US or outside.
5. The worker must have valid documents/certificates as the proof of education, work experience, etc.
6. The worker shouldn't have any restrictions or ban from working in the US.
7. H-1B petitions are offered for a maximum of three years which can be extended for another three years.
8. The H-1B status is provided for a maximum of six years post which the visa holder must depart from the US or change to a different visa status.
9. H-1B petitions have an annual cap of 65,000 applications which is distributed among various categories of occupations.
10. The salary for the jobs should not be lesser than the salary of workers who are equally qualified and experienced in a similar type of job.
11. Based on the employer's profile, the petition may or may not require an additional fee.
12. Out of the 65,000 non-immigrant H-1B visas granted every year, 20,000 petitions are approved for individuals who are enrolled in one of the accredited US school, college or universality.

Documents Required for H-1B Visa

• Copy of achievements.
• Copy of experience.
• Current employment letter.
• Copy of educational certificates.
• Passport copy.