What Do I Need to Apply for My H-1B Visa for the First Time?

The H-1B non-immigrant work visa is designed for employing foreign national workers in “specialty” positions, which require at least a bachelor’s degree in a specific field. Applying for an H-1B visa for the first time is a complex process, but JCL The H-1B non-immigrant work visa is designed to employ foreign national workers in “specialty” positions, requiring at least a bachelor’s degree in a specific field. Applying for an H-1B visa for the first time is a complex process, but JCL Immigration Attorneys can help you navigate it smoothly with the right information and preparation. Here’s a step-by-step guide on what you need to apply for your H-1B visa for the first time.

Step 1: Understanding the H-1B Visa and the H-1B Lottery

First, it’s important to understand what an H-1B visa is. The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. This visa is typically valid for three years and can be extended for an additional three years.

General Details:

At least a bachelor’s degree or equivalent in a specialized field is required.
The requisite degree, a foreign equivalent, or equivalent training and experience is required.
Most foreign degrees must be translated and evaluated by a third-party educational evaluation service to ensure that they are equivalent to a U.S. degree.
The degree should have a direct relationship with the job offered.
Approximately 12 years of full-time related work experience is equivalent to a four-year bachelor’s degree.

First-time H-1B visa applicants must go through the annual H-1B lottery, Which takes place in about the first 2 weeks of March every year. An employer must enroll an employee or candidate into the lottery, and it must still comply with processing timelines and eligibility requirements if selected through the lottery. The first round of H1B lottery takes place by April 1. Additional rounds of lottery may be possible if additional quotas become available. All new H-1B applicants are required to go through the H-1B lottery unless they work for a cap-exempt employer.

An H-1B visa involves many details, so you should consult with one of our Scottsdale Immigration Attorneys to learn more and get specific guidance.

Step 2: Find an H-1B Sponsor

Individuals wishing to work as independent contractors are ineligible for work visas. Under U.S. law, it is not permissible for an individual to seek a self-sponsored work visa for the purpose of freelancing or providing services to the general public in the U.S.

To apply for an H-1B visa, you’ll need a job offer from a U.S. employer willing to sponsor your visa. The employer or an Arizona immigration attorney will need to file a Labor Condition Application (LCA) with the Department of Labor and submit a Form I-129, Petition for a Nonimmigrant Worker, to U.S. Citizenship and Immigration Services (USCIS) on your behalf. [JL1]

Step 3: Gather Required Documents

Once you have a job offer and a sponsoring employer, you’ll need to gather the required documents for your H1B visa application. These typically include:

A valid passport or visa from the local U.S. embassy or consulate abroad
Your resume or CV
Copies of your educational credentials and degrees
Letters of recommendation from previous employers
Documentation of any relevant work experience
Any relevant professional licenses or certifications

Step 4: Work with Your Employer

Your sponsoring employer will play a significant role in the application process. They will need to provide documentation regarding the job offer, including details about the position, your proposed salary, and the nature of the work you will be performing. Does your employer need immigration law assistance? We can help!

Step 5: Prepare for the H-1B Visa Application

Before submitting your H-1B visa application, it’s essential to thoroughly review all required documents and ensure that they are complete and accurate. It’s also important to be ready to provide additional evidence or documentation if requested. Your H-1B Visa Attorney can provide valuable assistance as you prepare the application and get ready for your USCIS interview.

Step 6: Submit Your Application

Once all the necessary documentation is compiled, your sponsoring employer or an attorney will submit Form I-129, along with the supporting documents, to USCIS. Specific filing fees are associated with the H1B visa application and must be paid at the time of submission.

Step 7: Await a Decision

After your application is submitted, USCIS will review it and, if necessary, schedule an interview. It’s important to monitor the status of your application and be prepared to respond promptly to any requests for additional information.

After the Form I-129 petition is approved, the prospective H-1B worker who is outside the United States can apply for an H-1B visa at a U.S. embassy or consulate abroad if a visa is required. Additionally, regardless of whether a visa is required, the prospective H-1B worker must apply to U.S. Customs and Border Protection (CBP) for admission to the United States in the H-1B classification.

Arizona Employment-Based Visas Attorney

Applying for an H-1B visa for the first time involves several essential steps, and any mistakes can cause serious delays in obtaining your work visa. An H1-B lawyer from JCL Immigration Attorneys in Arizona can help you understand the process and carefully prepare your application, working with you and your employer to increase your chances of a successful outcome.