Chicago Immigration Attorney

Ultimate Guide to Getting an H-1B Visa

The H-1B visa is one of the most popular nonimmigrant visas because it is flexible and doesn’t have rigorous requirements. The H-1B visa is a temporary work visa that allows foreign professions in specific positions to work in the U.S. It even allows them to pursue green cards for permanent residence. If you are a foreign professional who wants to work in the United States, the H-1B visa might be the right choice for you. Our Chicago immigration attorneys provide you with a guide to obtain an H-1B visa.

If you need help obtaining an H-1B visa, contact our Chicago immigration lawyers today at (312) 471-0014 to schedule a consultation!

H-1B Visa Requirements

The H-1B visa is for foreign professionals who have highly specialized knowledge and a bachelor’s degree or higher in a specific field (or its equivalent). The H-1specialty occupation may include fields such as science, engineering, information technology, and other fields such as accounting and teaching.

An H-1B visa is valid for three years and can be extended for up to six years. Depending on the line of work (such as the US Department of Defense Work), the visa could be extended for up to ten years. If you decide that you want to quit your job, you can find a new sponsor, or you will be deported and return to your home country.

H-1B Visa Application Deadline for 2021

Since the 2021 filing window approaches, you should get your documentation in order, so you don’t miss the filing deadline. It is important to be prepared so that you don’t jeopardize your opportunity to get an H-1B visa. We have put together a list of important dates you should know about the 2021 H-1B application deadlines:

  • March 1st: The H-1B registration period opens at noon ET.
  • March 20th: The H-1B registration period closes at noon.
  • March 31st: This is the date by which the U.S. Citizenship and Immigration Services (USCIS) intends to notify selected registrants.
  • April 1st: This is the earliest date that FY 2021 H-1B cap-subject petitions may be filed.

H-1B Visa Application Process

Step 1: Find an H-1B Sponsor

The first step to obtaining an H-1B visa is to be sponsored by a U.S. employer. You will need a sponsor to apply for an H-1B visa. If you do get hired for a job in the U.S., you must ensure that the employer is willing to sponsor you. During the job application process, you should make it clear that you will require sponsorship to enter the U.S.

Step 2: Your Employer Must Submit Labor Conditions Approval (LCA)

Once you’ve been hired, your new employer must begin the application process by submitting an LCA to the Department of Labor (DOL). During this process, your employer will provide information such as your pay, location, and working conditions. The DOL will then determine whether your wage is equal or greater than the prevailing wage for the position and ensure that the working conditions are safe.

Step 3: Your Employer Must Submit Form I-129

If the LCA has been approved, your employer will need to submit the Petition for a Nonimmigrant Worker, Form I-129. Your employer will need to include the fees, education, and experience evaluation from their part to support why they think you are qualified for the position. They will also need to submit other related documents, such as training certificates, resumes, employment agreements, and more.

Step 4: Complete Application

Once the petition has been approved, the last step will be to process the visa at your home country’s U.S. embassy or consulate.

The H-1B visa application process can be complex. Failing to complete the process accurately could affect the results of your case. Get guidance with the help of our Chicago H-1B visa immigration attorneys by calling us today at (312) 471-0014.

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