H1 Visa Application Process

The H1 visa or to be specific the H1B visa is a non-immigrant visa for employees who bring in specialized skills to the United States of America. The visa process has to be started by the employer in the US by filing a petition. This is done through a Labor Condition Application (LCA). The candidate for the visa should have a bachelor’s degree. The job involved should be such that it needs a bachelor’s degree for its performance.

The H1B visa is given for an initial period of three years. It can usually be extended for another period of three years. Thus a H1B visa is for a non extendable period of six years in total. In case the employee is going for a Defence related job in the USA then the visa can be for even ten years. The H1B visa allows the candidate to take his or her family along to the USA. The H4 visa is for the family accompanying the H1B visa holder. Family consists of the wife or husband and any children below 21 years of age. The H4 visa is granted for the same number of years as the H1B visa.

The H1B applicant also needs to have evaluated credentials, the US employer’s Federal Tax ID number, college degrees with their transcripts and a resume. A valid passport is of course a necessary document.

The next step for the employer in the USA after the Labor Condition Application is to file a Form I-129 with USCIS (United States Citizenship and Immigration Services). This is done on behalf of the non-immigrant worker. Once the permission has been granted to employ a non-immigrant worker from another country, the employer has to send a notarized copy to the employee of Form I-129. This document proves that the United States Citizenship and Immigration Services have allowed the petition seeking a non-immigrant worker.

The H1B visa applicant now needs to have his photograph taken and this should be in the specified size of 2”X2”. The photograph should not be older than six months. The visa fee for H1B visa is $150. Its equivalent in Indian currency has to be deposited in a bank approved by the US Embassy. This is done in a format known as MRV (Machine Readable Visa) fee.

Two more forms have to be submitted by the non-immigrant visa applicant. These are the DS-156 and the DS-157. The first is an application for non-immigrant visa and the other is a supplement to it. The candidate needs to establish his good financial status to the visa granting officer. This can be done with original papers of properties owned, bank account and credit card statements. Other proof of financial soundness can be in the form of registration papers of cars owned and other investments in shares or real estate.

All the documentation is necessary to establish the bona fides of the applicant from India. It should clearly prove that the candidate has no intention of settling in the United States of America because of strong bonds with the mother country. The crucial part of the entire process is the interview. The candidate should be confident and give a truthful answer to all questions supported with necessary documents. Good candidates always get the H-1B visa.