H1B work visa allows employers in U.S.A hire foreign nationals on temporary basis. Prospective employee can be located within or outside U.S.A.
In this article we will explore how a foreign national can get H1B Visa and work for an employer, who sponsored his visa within United States.
United Stated Citizenship and Immigration Services (USCIS) is responsible agency that validates and approves the work visa.
For a foreign national to get H1B Visa, a person has to complete the following process.
1) Foreign national must find a job that matches his skill.
2) Employer has to prove they are unable to find an American worker to fill the position.
3) Job requirements should satisfy the minimum requirements set by USCIS to hire a worker in H1B Visa.
4) H1B Visa quota must be available. There is a limit of 65,000 in General quota and 20,000 for those who have completed Advanced degrees in United States.
5) Depending on when employer wants employee to start working. If work visa application is submitted say on April 1, 2010, visa will be usually approved with start date from October 1, 2010. Employee must be willing to wait for 6 months, before employee can start working.
6) Employer has to prove in the application that employer-employee relationship exists between them. If not USCIS will ask for additional documents to prove the relationship.
7) After getting passed above 3 steps, employee has to attend Visa interview at U.S. Consulate in their home country (usually). Once, visa office approves visa to enter U.S., employee then can travel to U.S.A.
8) Having U.S. Visa doesn’t guarantee the person entry into U.S.A. Immigration officer at port of the entry have to admit the person into the country.
If a person can complete all the above 8 steps, he can start working for the employer. Getting H!B visa approved and entering USA is lengthy and time consuming process, it takes lot of time, effort and bit of luck.