F1 Visa is non-immigrant student’s visa. To attend college and universities in U.S.A., international students would need F1 Visa to enter U.S.A.
H1B Visa is non-immigrant temporary work visa. Employers in U.S.A. can hire foreign workers who meet minimum requirements set by United Stated Citizenship and Immigration Services (USCIS).
Minimum Requirements are further divided into two categories
- Employer Job Requirements
- Employee Requirements
Employer’s job requirements should must Bachelors degree or higher. Employee should have completed at least Bachelor degree in U.S. or equivalent foreign degree.
Students can apply for specialty occupations. If student is hired, employer will typically apply for H1B Visa. Application process for the employer will be usually handled by Employer’s Immigration attorney.
Before applying for H1B Visa, one has to ensure H1B quota is still available. USCIS have total of 65,000 H1B Cap under General category and 20,000 exclusive for students who obtained Masters or higher degree from U.S. Universities.
USCIS accepts H1B visa application starting April 1st every year for the next Fiscal Year. It will take 15 days to few months for USCIS to approve the H1B Visa application. Fiscal year for USCIS started October 1 of each year and runs till September 30 of next year.
Student can start working for the employer with approved Employment Authorization Card. Visa application can be then submitted to USCIS. After H1B approval, F1 status will change to H1B from the start date in approval document.
In most cases, it’s not required to get H1B Visa stamping to start working, if the student is already residing in U.S.A.
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How Can Someone Apply for an H1B Visa From Outside USA?
H1B work visa allows employers in U.S.A hire foreign nationals on temporary basis. Prospective employee can be located within or outside U.S.A.
In this article we will explore how a foreign national can get H1B Visa and work for an employer, who sponsored his visa within United States.
United Stated Citizenship and Immigration Services (USCIS) is responsible agency that validates and approves the work visa.
For a foreign national to get H1B Visa, a person has to complete the following process.
1) Foreign national must find a job that matches his skill.
2) Employer has to prove they are unable to find an American worker to fill the position.
3) Job requirements should satisfy the minimum requirements set by USCIS to hire a worker in H1B Visa.
4) H1B Visa quota must be available. There is a limit of 65,000 in General quota and 20,000 for those who have completed Advanced degrees in United States.
5) Depending on when employer wants employee to start working. If work visa application is submitted say on April 1, 2019, visa will be usually approved with start date from October 1, 2019. Employee must be willing to wait for 6 months, before employee can start working.
6) Employer has to prove in the application that employer-employee relationship exists between them. If not USCIS will ask for additional documents to prove the relationship.
7) After getting passed above 3 steps, employee has to attend Visa interview at U.S. Consulate in their home country (usually). Once, visa office approves visa to enter U.S., employee then can travel to U.S.A.
8) Having U.S. Visa doesn’t guarantee the person entry into U.S.A. Immigration officer at port of the entry have to admit the person into the country.
If a person can complete all the above 8 steps, he can start working for the employer.
Getting H1B visa approved and entering USA is lengthy and time consuming process, it takes lot of time, effort and bit of luck.
Hire the best H1b 律师 team is well aware of the difficulties that foreign students face when they first arrive in the US because of language barriers and unfamiliarity with American law.