H-1B VISA 2014 – Q&A

USCIS starts accepting applications for H-1B Visa 2014 from this April. Here are some FAQ’s which explains the H-1B process and other questions you might have.

When can I file H-1B Visa?

The H-1B quota opens every year on the 1st Of April. The USCIS accepts applications for H-1B, until the quota gets over.

Am I eligible to file H-1B?

To be eligible to file H-1B, your job needs to meet one of the below criteria to qualify as a specialty occupation:

• You may need to hold at least a bachelor’s degree or a higher degree from an accredited university.
• The Job profile for your position at your company needs to require a degree or its equivalent for that position.
• The employer would have to require a degree or its equivalent for that position. If you do not have the necessary degree, but have enough experience equivalent to that position that counts too.

What’s Mandatory?

• You need to be paid at least the minimum or the prevailing wage for your position, in that geographic location.

Can I self apply my H-1B?

It is necessary that your employer needs to file your H-1B. You may not self file your H-1B petition to the USCIS.

What’s H-1B Cap?

The H-1B Visa has an annual limit called “cap” each fiscal year. The cap limits to 65,000 visas each year. An additional 20,000 visas are typically for master’s degree quota. The 20,000 visas are exempt from the 65,000 visas. To summarize:

• Regular H-1B Quota Cap: 65,000
• Master’s Degree H-1B Quota Cap: 20,000

What is H-1B Application Process?

• Employer Submits LCA to DOL for certification. The employer must apply for and receive DOL (Department of Labor) certification of an LCA (Labor Condition Application).
• Employer Submits Completed Form I-129 to USCIS, along with the DOL-certified LCA.
• USCIS verifies your H-1B petition and makes a decision.
• You or your employer may be asked to provide additional documents or evidences to support your petition.

Process of Obtaining H-1B Visa at a Glance:  

I am filing in 2013 and why do we say H-1B Visa 2014?

For the United States Citizenship and Immigration Services (USCIS), the fiscal year starts from October 1st of each year and ends September 30th.While you are filing your H-1B in 2013, you come under H-1B FY (Fiscal Year) 2014 Category.

Once my H-1B is approved, what’s the H-1B Start Date?

H-1B start date would typically be October 1st of the same year you have petitioned for H-1B and got approved. But if the H-1B quota doesn’t finish until October 1st and if you did apply your H-1B after October 1st, the date mentioned by your employer while filing your H-1B in the LCA (Labor Condition Application) would be counted as the start date to work on H-1B.

What would be H-1B Period of Stay?

An H-1B non-immigrant may be admitted to stay and work in the United States for up to three years. Your time period may be extended if you apply for an H-1B Extension later.

What is H-1B Premium Processing?

If you would like to know if your H-1B petition is approved or not, you may typically need to wait at least for three months if you go through regular processing. But, H-1B Premium processing would let you know the result of your petition within 2 weeks. You need to pay an additional $1,225 to apply under Premium Processing. Please note that you may change your case from regular processing to premium processing any time while you wait for the result.

What are the H-1B Visa Cap Counts for Fiscal years 2011-2013?

What happens once H-1B is approved?

Once your H-1B is approved, your employer will receive I-797 Approval Notice. This notice comprises of the start and end date of your H-1B Petition. You would get an original I-797A / I-797B from your employer and you need to save it, since it is necessary at the time you attend visa interview for your H-1B stamping.

What is LCA?

If a non-immigrant is filing for H-1B, the corresponding employer must obtain a certification of an LCA (Labor Condition Application) from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring non-immigrant or immigrant petitions, and other sanctions to the employer. The application requires the employer to attest that it will comply with the following labor requirements: (Quoted by USCIS)

• The employer will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.

• The employer will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employerplace of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.