Your Trusted Partner for a Successful H1B Journey
At Infinite Education and Immigration Services, we take pride in our distinctive method of handling H1B visa services. Our objective is to establish an organization that thrives on the contributions of our employees, acknowledging them as our primary asset. We are dedicated to making substantial investments in our personnel, nurturing a unified mindset that steers both the company and its staff towards efficient role fulfillment.At Infinite Education and Immigration Services, we follow a business model that sets us apart from traditional visa service companies. We focus on keeping our costs low and operating efficiently while hiring top-notch professionals, especially in the field of H1B visa processing.
Our strategy revolves around two main goals
Providing Excellent Service
We're dedicated to offering our clients top-notch service at competitive prices. Whether you're an employer sponsoring H1B visas or an individual navigating the visa process, our team ensures a smooth experience. We're with you every step of the way, providing assistance from consultation to successful application.
Supporting Our Employees
We understand the importance of offering great compensation to our staff. By prioritizing their well-being and professional growth, we build a motivated and skilled team capable of delivering excellent results for our clients.
Understanding the Process of Obtaining an H1B Visa
STEP I
The H1B visa program enables U.S. employers to recruit foreign workers for specialized roles in fields like IT, finance and engineering. The process usually includes several important steps:
- Employer Registration
To start the H1B visa process, the employer registers electronically with the United States Citizenship and Immigration Services (USCIS) within a specific timeframe. During this registration, they share essential details about themselves and the individuals they plan to sponsor for H1B visas. - Candidate Eligibility Confirmation
Prior to submitting the registration, the employer verifies that the potential H1B visa candidates meet the requirements for the visa category. This involves ensuring that candidates have the required qualifications, like a bachelor's degree or relevant work experience and suitable for the job role. - Electronic Registration Submission
After confirming the candidates' eligibility, the employer electronically submits the H1B registration to the USCIS within the allocated registration period. This usually takes place several months before the beginning of the H1B visa filing season. - Selection Process
Following the closure of the registration period, the USCIS conducts a random selection process, often referred to as a lottery, from the pool of registrations. This determines which registrations are eligible to proceed with the full H1B visa petition submission. It's important to note that this selection process is usually oversubscribed, meaning there are more registrations than available H1B visa slots.
STEP II (POST PICKUP)
- Employer Sponsorship
The employer initiates the process by submitting a Labor Condition Application (LCA) to the Department of Labor (DOL) and a Form I-129, known as the Petition for a Nonimmigrant Worker, to the U.S. Citizenship and Immigration Services (USCIS) for the prospective H1B employee. - USCIS Petition Processing
USCIS carefully examines the petition to ensure it meets H1B visa standards and assesses it based on factors like the job offer, applicant qualifications, and prevailing wage determination. - Approval and Visa Application
Once the petition is approved, the foreign worker can proceed to apply for an H1B visa at a U.S. consulate or embassy in their home country. Upon visa approval, the worker is permitted to enter the United States and begin working for the sponsoring employer.
STEP III (POST - ARRIVAL)
- Employment and Extensions
After arriving in the United States, the H1B visa holder is authorized to work for the sponsoring employer according to the timeframe outlined in the approved petition, usually up to three years. They may also be eligible to request extensions for further periods of time.
H1B- Eligibility criteria
- Specialized Job
The job must require at least a bachelor’s degree in a specific field. - Education/Experience
You need a U.S. degree, an equivalent foreign degree, or enough relevant work experience. - Employer Support
Your employer must sponsor you by filing a Labor Condition Application (LCA) and a petition (Form I-129). - Fair Pay
The job must pay the standard wage for the area. - Visa Limit
Only 65,000 visas are available each year, with an extra 20,000 for those with U.S. master’s degrees. - Job Location
Employers must report where you’ll work in the LCA.
H-1B Visa Benefits
- Work in the U.S
Legally work for your sponsoring employer in a specialized role. - Green Card Option
You can apply for a Green Card while on H-1B. - Stay Duration
Live and work in the U.S. for up to 6 years (initial 3 years + 3-year extension). - Family-Friendly
Bring your spouse and kids (under 21) on H-4 visas; spouses may work if eligible. - Job Flexibility
You can switch employers without losing your status (with a new petition). - Cap-Free Jobs
Roles at universities, non-profits, and research groups aren’t limited by the annual visa cap. - U.S. Benefits
Contribute to and benefit from Social Security and Medicare.
Frequently Asked Question
- What is an H-1B?
The H-1B is a U.S. work visa for non-citizens in specialized fields, requiring a bachelor's degree. Employers sponsor and apply for it, ensuring workers are paid the standard or company wage, whichever is higher. The process is complex and typically needs legal expertise.
- What kinds of Occupations qualify for H-1B?
H-1B status applies to a wide range of professional roles, including fields like engineering, sciences, mathematics, and business. These jobs typically require at least a bachelor's degree, though some may need a master’s or Ph.D., depending on the role.
- Who is eligible to obtain H-1B status?
A bachelor's degree or higher in a related area is the minimum educational level required for a position to qualify for H-1B status, and the H-1B employee must have this degree (or higher).
- What types of jobs might face challenges in qualifying for H-1B status?
Getting H-1B status can be challenging for certain jobs. For example, sales roles may not qualify if they don’t require specialized training. Some computer industry positions, like programming, can also be tricky since the required qualifications aren’t always clearly defined. It’s best to consult an attorney to determine if a specific job qualifies for an H-1B.
- Is there a minimum salary slab applicable for a job in H-1B status?
Yes, employers hiring H-1B workers must provide proof and certify to the U.S. Department of Labor (DOL) that they will pay the worker either the prevailing wage (the average salary for similar jobs in the area) or the actual wage (what they pay others in the same role at their workplace), whichever is higher. Employers must also confirm they aren’t replacing U.S. workers with the H-1B employee and that there are no strikes or work stoppages in the job role. These statements are made under penalty of perjury by submitting a "Labor Condition Application" (LCA) to the DOL for approval.
- What must an employer do to hire an H-1B worker?
After receiving the certified Labor Condition Application (LCA) from the Department of Labor (DOL), the employer submits a petition (application) with supporting documents to USCIS. There are filing fees for all H-1B petitions, with additional fees for certain cases.
- How long does it take to get H-1B status?
The time it takes to get H-1B status can vary depending on the employer, DOL, and USCIS. The entire process, including the LCA and USCIS processing, can take around six to seven months or longer.
- What is the H-1B "cap"?
The cap refers to the maximum number of H-1B visas issued each year. The cap is set at 65,000 visas per federal fiscal year (October 1st to September 30th).
- Can I get an H-1B while living outside the U.S.?
Yes, an employer can apply for the H-1B visa for you even if you're living outside the U.S. Once it's approved, you can get your H-1B visa stamp at a U.S. Embassy or Consulate and then enter the U.S. in that status.
- Can I change jobs after getting my H-1B?
An H-1B visa is tied to your employer, so you can only work for the employer who filed your petition. If you want to change employers, the new employer must file a new H-1B petition for you. It's a good idea to consult an immigration lawyer before leaving your current job or if you learn your job is ending. The H-1B is also position-specific, meaning if your job duties change significantly, your employer must submit an updated petition to USCIS. In some cases, you may be able to start working in the new position once USCIS has received your new petition, which is known as "H-1B portability.
- What role does an attorney play in the H-1B petition process?
An attorney helps you and your employer submit the strongest case for the H-1B application. However, they cannot guarantee approval or secure an H-1B for someone who doesn't qualify. In many cases, an attorney can assess if your role and qualifications meet H-1B requirements.
- What status will my spouse and children have when I receive H-1B status?