H-1B US Visa from Bangladesh: A Comprehensive Guide for 2023
Foreign professionals can work in the United States thanks to the H-1B visa. It enables employers to hire qualified foreign workers in specialty occupations in the United States on a temporary basis. Based on his or her acquired skills, the foreign professional may be able to obtain a position in the United States. To be eligible for the H-1B Visa, both the US employer and the potential employee must follow the USCIS conditions and regulations. The H-1B visa requirements aim to ensure that both the US employer and the foreign professional adhere to Department of Labor standards. Filing for a Labor Condition Application is an important part of this compliance (LCA).
What is the H-1B Visa in the United States in 2023 ?
The H-1B visa is one of several employment-based visas available in the United States. It was created to assist American employers in hiring international talent for specialized occupations. Companies, in particular, can bring foreign workers with at least a bachelor’s degree or equivalent to work in the United States. The H-1B visa is unique in that it is a “dual intent” visa, which means that while it is a temporary visa, holders have the option of obtaining a green card (permanent residency).
H-1B visas are ideal for individuals who are well-educated and have a job offer from a U.S. employer. Historically, these jobs were in engineering, medicine, technology, and other fields requiring advanced skills.
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Requirements for H-1B Visas
H-1B visas, like many other US visas, have stringent requirements that all applicants must meet. They are as follows:
Position Prerequisites
The job must be classified as a “specialty occupation.” A bachelor’s degree or advanced level education certification is required for a specialty occupation. Due to the complexity or specific listed duties, some positions may not require a bachelor’s degree. Most ‘professional’ positions, on the other hand, require a bachelor’s degree.
Engineers, professors, researchers, medical professionals, accountants, attorneys, and architects are examples of qualified positions.
Requirements for Education
- A bachelor’s or advanced degree from an accredited university or college is required. The degree must be related to the H-1B specialty position. If the degree was obtained outside of the United States, it must be equivalent to a degree available in the United States.
- Work experience is not required if you have a bachelor’s degree. Work experience may be substituted for educational requirements. The general rule for the amount of work experience accepted is: One year of university equals three years of work experience.
- USCIS and the Department of Labor Requirements
In addition, once the DOL certifies the LCA, the employer must submit an I-129 form to the USCIS.
Prevailing Wage Determination:
This is a calculated average wage paid to employees in similar fields in the United States. The foreign professional must be paid at least the going rate.
- The employment of the foreign professional will have no effect on working conditions in similar fields in the United States.
- Employers are required to post notice of H-1B filings internally.
- Within the intended field, there cannot be an existing strike/layoff/lockout.
- Employers must follow public examination procedures.
- If the employer terminates the foreign professional’s employment before the specified time, the employer is obligated to pay the costs of transportation back to the home country.
- The employer is not authorized to hire the foreign professional until the USCIS grants approval.
Employer Requirements in the U.S.
It is necessary to have the funds to pay the foreign professional.
The employer must make a formal job offer. An official job offer indicates that documented evidence of a genuine business need can be presented.
H-1B Requirements Full Summary Chart
The H-1B Visa Application Process: Step-by-Step
Once the USCIS approves the employer’s H-1B petition, the foreign worker can get the H-1B Visa stamped at a US embassy abroad or change status if he or she is already in the US. Unless you are a Chilean or a Singaporean national, the H-1B visa is valid for three years. Additional H-1B Visa requirements must be met by both the petitioner (employer) and the beneficiary (employee).
The H-1B visa application process consists of two major steps: employer sponsorship in the United States and petitioning with the USCIS. To begin the process, the applicant must have a U.S. employer. When a potential H-1B holder locates a U.S. employer who is both eligible and willing to file an H-1B visa on his or her behalf, the employer must receive a labor certification application and file an H-1B petition with the USCIS.
If the petitioner is seeking legal counsel or an H-1B visa, the petitioner must file a G-28 form. The G-28 should be completed in its entirety. This includes the attorney’s signature and printed name, as well as the petitioner’s signature.
Form ETA-9035 must be submitted by the US employer (Labor Condition Application). The Labor Condition Application must be submitted online via the Department of State’s iCert Portal System.
Filing the I-129 form
Before filing the I-129 form, the employer must have received approval of the Labor Condition Application. Following approval, the employer must file Form I-129 (Petition for a Nonimmigrant Worker), the filing fee, any supplementary documentation, and the approved Labor Certification Application.
The I-129 must be accompanied by a completed H Classification supplement, which can be found on pages 11 and 12 of the form.
The petitioner must ensure that the H-1B Data Collection and Filing Fee Supplement is properly completed. Pages 17-19 of Form I-129 contain the H-1B Data Collection and Filing Fee Supplement.
Form I-907 must be completed if the petitioner wishes to request Premium Processing. A $2,500 filing fee in the form of a separate check/money order, an I-129 receipt, and Form I-907 are required for premium processing. The I-907 is a Premium Processing Service Request. After submitting form I-129, this is filed.
H-1B Cap
The H-1B visa is subject to an annual cap of 65,000 visas each fiscal year. There are, however, some applicants who are exempt from the cap. Beneficiaries with a master’s degree or higher in the United States are exempt from the cap if their petition is filed among the first 20,000 available. Furthermore, if the H-1B worker is employed or petitioned on behalf of a higher education institution, the H-1B worker is not subject to the H-1B cap. H-1B cap exemptions apply to related nonprofit entities, nonprofit research, and government research organizations.
The H-4 visa allows the spouse and unmarried children of an H-1B visa holder to enter the country. Members on the H-4 visa, on the other hand, are not permitted to work in the United States.
H-1B Stay Duration
You may be admitted as an H-1B non-immigrant worker for up to three years. Your time period may be extended, but it cannot generally exceed a total of six years, though there are some exceptions under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).
If your employer terminates you before the end of your authorized stay, you will be responsible for the reasonable costs of your return transportation. If you voluntarily resign from your position, your employer is not responsible for the costs of your return transportation. If you believe your employer has not met this requirement, you must notify the Service Center that approved your petition in writing.
Why choose Tahmidur Rahman Remura Wahid Barristers as H-1B Visa Attorneys?
- Immigration law firm specializing in business and employment immigration.
- Excellent success rate in complex new H-1B and transfer/extension cases, including those filed by small employers (50 employees).
- H-1B immigration lawyers who are both efficient and accessible.
- H-1B filing fees are extremely competitive.
- H-1B Visa petitions are filed on time, and we promise to keep you updated on a regular basis.
- Certain qualified H-1B clients are eligible for free consultations with Tahmidur Rahman Remura Wahid Immigration Lawyers H-1B visa lawyers. Contact us to learn how we can assist you in obtaining timely and efficient approval of your H-1B petition.
Please contact us to see if you are eligible for a free consultation with a Tahmidur Rahman Remura Wahid Immigration Lawyers H-1B visa attorney. We communicate in English, Bangla, and Hindi.
The H-1B visa is a nonimmigrant (temporary) visa designed for those with specialty occupations to work in the United States. If granted, you will be able to work for three years with the option of extending for three more years for a total of six years.
If you meet the H-1B requirements, your employer (not you) must file an I-129H1 petition with the USCIS on April 1st of the year in which you intend to begin working. Because of the large number of petitioners who apply each year, your petition will be entered into an annual lottery in which only 85,000 petitions will be chosen at random in two caps.
For those with advanced degrees, the first cap has 20,000 slots available. Any petitions for advanced degree holders who were not selected in this master’s cap will be resubmitted to the regular cap of 65,000, giving them a second chance. The only way to avoid this cap is to work for a higher education institute, a non-profit organization affiliated with a higher education institute, or a government research organization. Furthermore, if your petition has already been counted against the cap, all subsequent petitions will be considered cap-exempt.
If your petition is chosen, it will be processed. If it is approved, you will be able to begin working on October 1st of the year in question. This all contributes to the overall H-1B requirements because, even if you meet all of the requirements, your petition must still be selected in the lottery.
LCA
It’s also worth noting that each H-1B visa applicant must have their employer file a Labor Condition Application (LCA) on their behalf. This is similar to the PERM Labor Certification required for employment-based green cards, but it is less complicated.
To obtain an LCA, the employer must complete four attestations that serve as prerequisites:
That the prevailing wage for your position in your geographic area has been determined, and that your employer will pay you this wage as a minimum for your position.
That your employment will not be detrimental to the employer’s current employees.
There is currently no strike going on. Essentially, the employer must demonstrate that you will not be replacing strikers.
That all current employees of the employer have been informed of the intention to hire you.
So, what H-1B requirements do I need to meet?
Here is a summary of the H-1B requirements:
A bachelor’s degree is required as a minimum educational level.
You must have a valid job offer from a company in the United States.
That job must be for a specialized position that necessitates the application of your degree.
While these may appear straightforward, let us break them down to remove any ambiguity. Remember that the USCIS rarely gives refunds and that the regulations are usually very strict, especially with such a popular visa.
Requirements for Education
To begin, you must have a bachelor’s degree in a field relevant to your position. You may be able to meet this H-1B requirement without a bachelor’s degree if you have 12 or more years of experience in a related field. However, it is far from certain. Consult with your immigration attorney to see if your experience can be used in place of a degree.
Job Opportunity
Even though this H-1B requirement appears self-explanatory, issues arise when the employee-employer relationship is called into question. This can cause issues, particularly if the beneficiary is self-employed. While it is possible to start a business on an H-1B visa, there are specific steps that must be taken.
Aside from that, you must ensure that your employer has the authority to control your job duties, wages, and employment status. As a contractor or agent, you must explain in the petition how your employer-employee relationship satisfies the H-B requirement.
Occupation Specialization
For the position to qualify as a “Specialty Occupation,” it must meet at least one of the following requirements:
To be eligible for the position, you must have a bachelor’s degree or its foreign equivalent.
Because the position is so complex or specialized, it can only accept professionals with a bachelor’s degree or higher. A college diploma is usually required for a position in the industry.
In most cases, the employer requires candidates to have a college diploma or its foreign equivalent in order to work in the position.
Requirements for H-1B visas
Be aware that the number of H-1B visas available is limited. Find out more about the H-1B Visa Cap.
To be eligible for a “specialty occupation,” the applicant must fall into one of the following categories:
Hold a bachelor’s degree or higher from an accredited university in the United States that meets the requirements of the specialty occupation.
Obtain a foreign equivalent to a bachelor’s degree or higher in order to meet the requirements of the specialty occupation.
Hold an unrestricted state license, registration, or certification that allows the applicant to practice the specialty occupation without restrictions.
The applicant must have received the necessary training, education, or work experience to complete the degree. The applicant must have been recognized in the field of expertise. The applicant must have held positions that are essential to the specialty occupation.
An authorized ETA-9035 form, as well as an approved Labor Certification Application, I-129 form, and a Petition for a Non-immigrant Worker, are required for the applicant’s potential employer.
Requirements for H-1B to Green Card
Fortunately, the H-1B visa is a dual-purpose visa, which means you can apply for permanent resident (green card) status. If this is your goal, you must approach your current H-1B employer or another U.S. employer to have them sponsor you for your green card.
If you are applying for an EB-2 or EB-3 green card, your employer will need to obtain a PERM Labor Certification for you. This means that your petition’s sponsoring employer must advertise for it within the company, in the local newspaper, and in three other mediums specified in the PERM advertising requirements.
Once you have your PERM, your employer can file an I-140 petition with the USCIS on your behalf. You must meet the requirements for the green card you wish to obtain in order for this to be approved. Ideally, you would select the green card with criteria that are most similar to the H-1B requirements you have already met as an H-1B holder. Given this, the EB-3 visa may be your best option. However, your immigration lawyer can assist you in navigating this transition.
How Tahmidur Rahman Remura Wahid TRW Law Group Can Assist You
There is no way to improve your chances of winning the lottery other than having a master’s degree. However, you can significantly improve your petition’s chances of approval by the USCIS. Avoiding common pitfalls and unnecessary delays in your immigration case can save you both time and money.
Tahmidur Rahman Remura Wahid Immigration Lawyers Law Group has assisted countless individuals and businesses with the H-1B visa process. Their expert team of attorneys is ready to handle every aspect of your case, from ensuring that all H-1B requirements are met to addressing any obstacles such as Requests for Evidence.
Attorney Fees for H-1B Visas
We charge a flat $2,000 H-1B visa attorney fee, which includes shipping and incidentals but does not include RFE responses, if any are issued. You are also responsible for any USCIS filing fees associated with your case. If, after your initial consultation, you decide that an H-1B visa is not the best option for you, we can provide you with a variety of other immigration options.