An employer who seeks the services of an H-1B alien must be a "U.S. employer." A U.S. employer is an organization, association, contractor, corporation, firm or a person in the United States with an IRS tax identification number. There must be an employer employee relationship, as indicated by the fact that the employer has all the rights to control the work of the employee or supervise or pay or to fire the employees.
In order to show that applicant's credentials or experience met the job requirements, the employer has to meet the Department of Labor ("DOL") requirements and file Form I-129 ("H-1B petition") with the United States Citizenship and Immigration Services (USC IS) to get the permission to employ the foreign national. Only one employee can be obtained for one petition.
Computer Professionals who work at client sites typically have an agreement between the customer and its petitioner. An employer who seeks the services of an H-1B worker at more than one location must provide an itinerary.
The H1B visa is commonly known as work visa to USA, which can be granted for a qualified and eligible temporary worker. To get this visa, an employer needs to offer a job and apply for H1B visa petition with the US Immigration Department. This approved form of I797 is a work permit that allows the applicant to obtain a visa stamp and work in the U.S. for that employer.
H1B visa stamping: Once H1B petition is approved, then the aspirants can setup a H1 visa interview with nearest applicable US embassy.
Upon successful visa interview, you get the h1 visa stamp on your passport.
Following is the H1B visa stamping process.
A digital and colored photograph of the applicant which is in JPEG format is mandatory. The photograph should be square in shape and be between 600x600 to 1200x1200 pixels.
- Log on to http://ceac.state.gov/genniv/
- Select the location of the interview, click test photo and upload your photo.
- Then click on the Start New Application button
- Then Fill out the 11 steps (personal, educational, and friend’s details).
- Note: Session will expire for every 20 Minutes so it is better to save the application into a location for every 10 Minutes.
- After Submitting DS-160, you will get a ‘CEAC’ CODE to block the visa date
- Take a print out of confirmation page
- After getting the CEAC code, Logon to https://www.vfs-usa.co.in/USIndia/Index.html
- In Visa Appointments click on ‘VFS online appointment system’
- Click on Schedule an Appointment and check I agree radio button and click continue
- Enter Passport Expire Date click continue
- Application Type:
- State of Residence: Andhra Pradesh
- Interview language: English
- Purpose of Travel: Studying in USA/Exchange Visitor
- Select Visa Class as F1
- Fill the form.
- Have you been refused visa twice: Ask the student if he is attending the Visa for the first time.
- Are you applying to the same visa class which expired: No?
- Click continue after viewing the available interview dates
- Enter Passport and Visa Fee Receipt Details
- First and Middle Name
- Surname or Family Name or Last Name
- Passport Number and HDFC barcode No
- Date of Birth
- Enter Mother Name & Re Enter Mother Name
- Fill in the Case-Sensitive Code
- Then after Enter Your CEAC CODE to block your visa date
SEVIS Fee (SEVIS: Student Exchange Visitor Information System)
Requirements: Complete and accurate I-20 and a printed copy of it, and Credit card to pay $100 fee
- Log on to www.fmjfee.com
- Select I-20 radio button, then click OK
- Enter Last Name, First Name & Middle Name
- SEVIS Number & Date of Birth
- Form I-901 protest agonist
- Fill the receipt Delivery Address
- Enter your Personal details (city of birth, Gender etc)
- Enter School Code & Passport (if available) DS Forms / SEVIS Instructions
- Enter Receipt Delivery Options and destination Telephone Number
- Select your Mode of payment as Credit Card and Enter Credit Card details.
- Click Submit.
- Take the Print out of the Receipt weekend
Points to remember:
- You can save a filled DS forms up to 7 days without booking a visa date
- Visa online is having browser compatibility issues, hence use only Internet Explorer, and nothing else.
- Visa Appointment can be cancelled only once.
- You will get a confirmation, after submitting the DS 160 form.
Note: Make sure that all the details in the DS 60 form provided by you are correct.
Every time you change the DS 160 form, it gives a new code. Hence modifying the submitted form is not advisable.
Step 3. Pay the H1B visa application fee
The fee can be paid either through online or in cash at designated bank branches. In order to ensure the proper amount is paid in a timely manner, it’s better to go to US visa service website and create a profile at US visa Service website and choose the Schedule Appointment option. While doing the payment, confirmation screen will show the payment options and further details of how to initiate payment.
Step 4. Take appointment for visa interview
After the fee was paid, you will have to schedule 2 appointments as part of the visitor visa process. Out of two appointments one will be with one of the OFCs (Offsite Facilitation Centers) to give Biometrics information and the second appointment will be with the Embassy for a personal visa interview.
Step 5. US Visa Fingerprinting at Visa Application Center (VAC)
After taking appointment with the consulate or embassy for personal interview, schedule the fingerprinting appointment at least a day or two before the interview at the consulate. Schedule the visa interview appointment at the Consulate or Embassy prior to the VAC appointment.
Step 6. Go for visa interview at designated US consulate
On the day and time of your appointment for interview, go to the consulate where your interview is scheduled. Carry all mandatory and supporting documents and originals.
Carry the following to your interview:
- Your passport (and your old passports if any)
- Your photograph
- The DS-160 visa application confirmation page stamped at the VAC
- The visa application fee receipts (applicable for application in US consulate in India)
- Visa appointment letter.
- Petition-based visa applicants (H, L, F, J, M, R visas) should also bring petition-related documents.
- Supporting documents, based on what kind of visa you are applying fo