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| How to Get a Work Visa for the USA from India |
Getting an H1B visa can be a challenging process, especially for applicants from India due to the high demand. However, with proper preparation and following the right steps, your chances of securing an H1B visa improve significantly. This comprehensive guide covers everything you need to know about getting an H1B work visa from India.
What is an H1B Visa?
The H1B visa is a popular non-immigrant work visa that allows foreign workers to live and work in the United States temporarily. It is issued for up to 3 years at a time, with the possibility of extending to a total of 6 years.
To be eligible for H1B sponsorship, the foreign worker must have a job offer from a US employer for a professional position that requires specialized skills and a bachelor's degree or higher. The visa petition is filed by the employer, not the employee.
H1B visas are quota-based, with an annual cap of 65,000 visas issued each fiscal year. An additional 20,000 visas are allocated to those with advanced degrees from US universities.
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Why Get an H1B from India?
There are several advantages of getting an H1B visa from India:
- Gain work experience in the US - The H1B program provides skilled Indian professionals an opportunity to work for US companies and gain valuable experience.
- Earn higher salaries - Salaries in the US tend to be higher for technology and other professional roles compared to India. H1B provides a chance to earn significantly more.
- Advance your career - Working in the US allows exposure to advanced technologies, projects, and domain knowledge that may not be available in India. This helps accelerate career growth.
- H1B to Green Card route - H1B is one of the fastest routes for Indians to get permanent residency and eventual US citizenship. Many H1B holders from India successfully transition to a Green Card.
H1B Visa Requirements
To qualify for H1B visa, the applicant must satisfy the following key requirements:
- Have a bachelor's degree or higher or equivalent experience.
- Be sponsored for a job offer by a US employer in a specialty occupation.
- The specialty occupation requires theoretical and practical application of specialized knowledge like IT, engineering, accounting, architecture, etc.
- Have the necessary skills, training, and qualifications to work in the sponsored role.
- The pay offered must meet prevailing wages for that occupation and location.
H1B Application Process from India
The H1B application process involves the following steps:
1. Find a Sponsoring US Employer
The first step is finding an employer who is willing to sponsor your H1B visa. This can be:
- Current company - Ask your current company in India if they have a US office or subsidiary that can sponsor H1B.
- Client company - Explore if any of your clients have US offices that can hire and sponsor.
- Job portals - Register on portals like LinkedIn, Monster, etc. that allow searching for US jobs open to visa sponsorship.
- Recruiters - Contact international tech recruiters and staffing agencies to help find sponsoring employers.
2. File LCA with Department of Labor
Once you have an employer willing to sponsor, they must file a Labor Condition Application (LCA) with the US Department of Labor. This verifies:
- The H1B job is in a specialty occupation.
- Prevailing wages will be paid to the employee.
- Working conditions of other employees will not be negatively impacted.
3. Submit H1B Petition
After the LCA is certified, the employer must file Form I-129, Petition for a Nonimmigrant Worker with USCIS along with necessary supporting documents.
Key elements include information on you as the beneficiary, your job duties, educational credentials, and evidence the company has sufficient projects and financial ability to pay the offered wages.
The standard H1B petition processing time is 2-6 months.
4. Wait for Petition Approval
You will have to wait patiently while USCIS processes the employer's H1B petition. Check regularly with your company on the status.
If USCIS issues a Request for Evidence (RFE), the employer must respond within specified timelines.
5. Attend Visa Interview after Approval
Once the H1B petition is approved, you can schedule a visa interview at the closest US consulate in India.
You will need to submit the required documents, pay visa fees, and clear the interview to obtain the H1B visa stamp in your passport.
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When to Apply for H1B from India?
H1B applications from India face two key time constraints:
1. Annual H1B Cap Deadlines
The annual quota for new H1B visas for fiscal year (October 1 to September 30) opens on April 1 and closes as soon as the limit is reached.
- April 1 - USCIS begins accepting H1B petitions subject to cap
- Within 5 business days - Cap is reached; USCIS conducts computerized lottery to randomly select enough petitions to meet the cap
- May-July - Selected applicants are notified with receipt notices
- October 1 - Earliest date new H1B visa status can begin
So you need your employer to file the application within the first week of April to maximize chances in the lottery.
2. Current Job End Date
You can only start working on H1B from October 1 or the date your current authorized work status expires, whichever is later.
Factor your current job end date, processing time, etc. while planning H1B timelines with the employer.
Maximizing H1B Visa Chances from India
Due to high demand, applicants from India face difficulties getting H1B visas. Here are some tips to improve your odds:
- Education - Earn a US Master's degree to qualify for the 20,000 additional H1B quota.
- Skills - Develop expertise in high demand skills like artificial intelligence, data science, cybersecurity, etc.
- Employer - Target reputed US companies with a strong track record of H1B approvals.
- Application - Ensure your employer's petition demonstrates your specialized skills and the job's complexities accurately.
- Wages - Agree to prevailing wages or salaries on the higher end to make the application stronger.
- Legal review - Get the application reviewed by a seasoned US immigration attorney before filing.
- Backup plans - Explore other work visa options as a Plan B - L1, J1, O1, etc.
Transitioning from H1B to Permanent Residency
Many Indians on H1B visas aim to eventually get permanent US residency (Green Card). Some common routes from H1B include:
- EB2 and EB3 - Employer sponsors Green Card under EB2 (advanced degree holders) or EB3 (bachelor's degree holders) categories.
- Family-based - Receive Green Card through spouse who is a US citizen or Green Card holder.
- Investment - Invest $900,000+ under EB-5 Immigrant Investor Program for fast-track Green Card.
- Cancellation of removal - In rare cases, get Green Card if an immigration judge cancels your removal.
Plan the process well in advance. The permanent residency route you choose impacts timeline and future citizenship eligibility.
Conclusion
The H1B visa provides high-skilled Indian professionals an excellent opportunity to work in the United States, gain global experience and accelerate their careers. While the application process can be competitive, thorough preparation and strategic planning can help maximize your chances of success. With the right guidance and persistence, many Indians are able to obtain the coveted H1B visa and authorization to work in their field of expertise.
Frequently Asked Questions
What are the education requirements for H1B visa from India?
The minimum education requirement for H1B is a bachelor's degree or foreign equivalent in a specialty field related to the job offered. A US master's degree increases chances by qualifying for the advanced degree quota.
How long can you stay in US on H1B visa?
Initial H1B petition is granted for up to 3 years. It can be extended for another 3 years to a maximum of 6 years on H1B status. To stay beyond 6 years, you need to apply for permanent residency.
What is the cost of applying for H1B from India?
The employer pays all official filing and legal fees of $1570+. You may need to pay for documentation, translations, and mailing. Attorney fees are around $2000 extra.
Can I apply for jobs on H1B visa?
Yes, you can apply for other jobs and transfer your H1B to a new employer, as long as they file a new petition before your current H1B expires. No new cap lottery is required.
Does everybody who applies for H1B get it?
No. Currently, only about 30% of H1B applicants are randomly selected through the lottery system due to high demand. So there is risk of rejection even with eligible applications.
