Who can Get a United States Work visa H-1B & H-2B Visa

Introduction to H1B visas:

H visa is the non-immigrant work visa in the United States. This visa enables a US organization to hire an individual from another country for up to six years. Companies usually hire staff on H visa and after spending few years working in United States they can apply for a Green Card. Only an organization can apply for H visa on behalf of their employees to allow him/her to work in the U.S. H visa has yearly quotas for every country so employer can’t hire any number of employees he wants. There are two type of work visas, H-1B and H-2B.

Who can get United States H-1B work visa?

Not everyone can get The H-1B visa. It is designed for staff in “specialty occupations”. The specialty occupations require a high degree of specialized knowledge. Normally, you must have at least 4-year Bachelor’s degree or higher. Professionals such as doctors, accountants, lawyers etc still need to get a license before they practice in the state of intended employment. A lawyer will give a New York State exam if he wants to work in New York etc. Non-graduates may be employed on H-1B visa where they claim to be graduate equivalent by virtue experience in the occupation for twelve years or more.

Who can get United States H-2B work visa?

Employer can apply for a H-2B visa for candidates who lacks qualification/experience for H1B visa. H-2B visa is an expensive and time consuming process that involves extensive advertising for the position. The employer will then have to satisfy the authorities that there is no US worker available to do that job. Only then they grant permission to issue an H-1B visa for 1 year initially which could be extended to a maximum of 3 years as after 3 years the employer have to go through the whole process again. Due to the lengthy and expensive process, employers do not prefer to hire employees on H2B visas. Even with the annual quota of 66,000 for H-2B visas, only few thousand are ever issued.

Can my relative who has a business sponsor me an H-1B visa?

We think that if our relative has a business (Any Nature) in United States, he can sponsor us a work visa and we can start working immediately. It’s not true and easy, it involves lots of time, effort and money. Apart from the whole lengthy process, he has to pay lots of fees to sponsor a work visa.

Any US employer can sponsor an H-1B petition; however, he must have an IRS Tax Number, also known as Tax ID Number. To get this number, employer must obtain approval of the Labor Condition Application (LCA), which is an essential preliminary to the H-1B petition itself. It’s not simple to get this number as the employers will have to take number of undertakings, enforceable by heavy civil and criminal penalties: These undertakings are:-

  • To pay the H-1B sponsored worker at least the higher of the wage paid to employees doing similar duties in the same company.
  • That the recruitment of the H-1B workers will not adversely affect the conditions of the existing US resident employees in similar roles.
  • That there is no strike or lockout occurring at the time the Labor Condition Application is submitted.
  • That a copy of the Labor Condition Application form will be given to the H1B worker and either given to the bargaining representative of employees in similar occupations or (if there is no bargaining representative) posted in 2 conspicuous locations for at least 10 days in the place the H1B alien will be working.
  • To maintain records of the Labor Condition Application and the H-1B alien’s employment for inspection by the US Department of Labor.

What is the fee for sponsoring a work visa (H-1B)?

Please find below the breakup of the various fee paid by the employer related to filing a H1B visa petition with USCIS for fiscal year 2013. Please note that attorney fees in not included in it which can cost around $2000.

 

Base filing fee $325
AICWA Fee
(American Competitiveness and Workforce Improvement Act of 1998)
$750  (For employers with 1 to 25 equivalent employee)
$1,500 (For employers with 26 or more full time equivalent employee)
Fraud prevent & detection fee $500
Fee based on Public Law 111 – 230 $2000
H-1B fee $2000 rule applies to some cases
Premium processing fee (Optional) $1,225 ( if you intend to do premium)

 

There are 25 comments left Go To Comment

  1. arsalan /

    Hi,
    I am software engineer living in pakistan, how can I get H1B Visa while living in pakistan.

  2. kamran ahmad /

    Kamran ahmad
    Hi
    Sir…..
    I want go to usa ……but …how
    Please sir help me in my visa …
    Sir tell me about this visa how i am going to usa

    1. admin / Post Author

      Dear Kamran. The best I can do is to provide information. The process is mentioned on the page.

  3. Shabbir hissain /

    I want to visa usa can you help me.

  4. faisal nadeem /

    sir i am student of LLB 3 year program in last semester. I wish do a job in USA, please tell me a process

  5. wahab khalid /

    I want to go united STATES OF AMERICA. i am doing high school diploma online from Scranton Pennsylvania. PENN FOSTER high school. I live in Pakistan.

    1. Admin / Post Author

      Dear Wahab, you can’t get work visa with this qualification unless there is someone who runs a business and who can sponsor you a work visa.

  6. kamran /

    i also known about USA but i am not a rich man help me in my visa only

  7. kamran /

    i want to come USA but the problem is that i am not a rich man if you can help me in my visa only i am really thankful to you.

    1. Admin / Post Author

      Sorry Kamran, I am not rich either.

  8. Raza /

    Dear admin,
    How can we get which companies recurting in Pak for H1b positions and skill-set required for that job. pl. guide

  9. Raza /

    Dear admin,
    How can we get which companies recruiting in Pak for H1b positions along with skillset required for that job.
    pl. guide

    1. Admin / Post Author
  10. Raza /

    These are just job search site, preferably not for H1b for companies in USA.
    If you could provide the H1b visa generated country wise data that might mentioned companies.

  11. Raza /

    myvisajobs.com/Visa-Job-Browse.aspx
    myvisajobs.com/Search_Visa_Sponsor.aspx

    path2usa.com/tips-for-new-h1b-job-offer
    dol.gov/

  12. Nasir Ahmad /

    Hello Sir,
    recently I got a sponsored form a company named Hilton Restaurant in United State of America which is obtusely a privet Company & I’m been contacted with him around one week just they send me a visa application form and he provide me complete information but I can’t Trust completely because that person do not contact with me face to face like Skype just we are mailing with each other.
    I think this is contain in H1B visa categories.

    The Question is !!
    1. Does it cost me ?
    2. Do I need farther Information?
    Please Send me Information regarding H1B visa which I should be aware of …

    Thanks

  13. Sana Ullah /

    I want to work in Hotels, home, gardens,companies and some more fields.. I will be thankful to you to provide me a job in Amrica. Thanks!

  14. Sana Ullah /

    Must search any job please!!!

  15. Adil /

    Aslam-o-alikm sir jee i would like to go use i have no opportunity how i can go use ….plz replay me sir i’m from Gk….

  16. Umair /

    Dear sir
    I have USA G4 visa it is valid 2018 I had visited in september 2016 and i have done Master in Economic & finance I have also 6 years experience in finance and I want to go to USA on work visa.

    1. Admin / Post Author

      Dear Umair, its not as simple as it sounds. I have mentioned the process above. I am not sure how your G4 visa can be useful in that.

  17. usama mirza /

    Hi.. i want some information that how can i get visa for free working.. i mean i wanna go to US and find some work on my self… how can apply for that visa and whats its expandeachers??

    1. Admin / Post Author

      Dear Usama, USA doesn’t have work visas like this, process oper mentioned hia.

  18. Zohaib /

    Hello i have done BBA from malaysia and i have experience in my own business as a manager. Can you tell me which visa do i require if i want to work there

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