‎H-1b Visa for Work

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An H-1B visa is one of the most common ways for foreigners to gain work experience in the United States. Anyone with a bachelor`s or higher degree can apply for an H1B visa. This visa will allow people from different countries to work in the United States for three to six years. Many people are looking for international career opportunities, and this is one way to access them. In this post, we will explain how to find companies that sponsor H1B visas. If you want to live and work in the US or if you are looking for more information on the H1B process, read on. Here you will find answers for your questions and provide you with a comprehensive guide on how to find H1B sponsoring companies.

Finding a company that sponsors an H-1B visa can seem like a challenging task for foreigners. But both small and large companies offer H-1B opportunities. Deciding whether to apply for a large or small company is one of the most difficult decisions in the process.

Both small and large companies understand the importance of hiring foreign talent. There are several small businesses that sponsor H-1B visas in the United States. However, these companies are often more difficult to connect. However, larger companies tend to have better established programs for hiring foreigners through H-1B status.

The need for talent from foreign nationals is especially great in areas related to technology. Silicon Valley is a popular destination for many of these people, as it is home to some of the largest tech companies in the world.

Featured American Companies That Are Actively Recruiting a More Diverse Employer Base:

H-1B visa sponsors database

If you`re curious about whether a certain employer offers H1B status, the USCIS offers a comprehensive database. The H1B Employer Data Center provides relevant data for fiscal years 2009 through present. This data includes all employers who have filed H1B petitions to employ nonimmigrant workers. The database provides the initial decisions for petitions made by the USCIS and whether they were approved or rejected. Additionally, you can search by employer name, state, city, ZIP code, fiscal year, and NAICS code


The H1B visa is a work visa for the United States used by American companies to employ foreigners in a "specialty occupation" requiring significant knowledge in a specific field.

Who can get an h1b Visa?

The H-1B visa for specialist position is granted to foreign nationals coming to the United States to work in a company that sponsors it. The candidate must meet the following conditions:

Be a graduate of higher education and have at least a master`s degree, either Bac +4 minimum or a Bachelor`s Degree (4 years of higher education in the United States)

Be hired and sponsored by a US company for a qualified job that requires hiring a graduate employee in the relevant field of activity. This qualification level criterion is required for all positions of this type, or the task at hand is so complex and unique that it can only be performed by someone with at least a level equivalent to the Bachelor`s Degree in the field of activity considered

Your future employer must pay you the average salary in effect for this type of job

Have completed training or have substantial professional experience related to the position to be held, according to the criteria imposed by the employer


Professions like architect, lawyer, engineer, dentist, accountant and many more are recognized as skilled positions to work in the United States. The list is not exhaustive and changes regularly.

The H1B visa can also be granted to top models with recognized merits and skills (the visa will then be an H1B3 visa), and to persons providing a service related to the Department of Defense (H1B2 visa).

In addition to specialized skills, the candidate for the H1B2 visa must demonstrate that a diploma equivalent to the Bachelor`s Degree - or higher - is required to carry out the envisaged tasks, that the cooperation (or co-production) project in research and development is conducted under a government-to-government agreement, and that this project is managed by the Department of Defense.

To be granted  certification, the US employer must certify to the Department of Labor that they will pay the visa holder a salary at least equal to that paid to other employees in a similar position in the region where the position is located. The employer must also demonstrate that the future H1B visa holder will work in conditions that are not likely to affect other employees working in the field in question.

Step by step:

To obtain an H-1B VISA, the company that will hire you will need to follow the following steps:

Recently USCIS implemented an Electronic Registration process with a lottery. This stage takes place from March 1 to March 20. If the employer`s file is selected he can proceed to the next step.

Obtain the approval of the Labor Condition Application from the DOL (Department of Labor).

Fill out Form I-129 with USCIS (US Immigration Service).

Submit the following documents:

US diploma or foreign diploma required for this position,

Professional authorization which allows the employee to do this job if required for the position,

Employment contract between the company and the employee,

Evidence demonstrating the employee`s specific capabilities for this position.

If the request is approved, send the “Notice of Approval” form I-797 to the employee who will fill it out and make an appointment for an interview at the United States Embassy in his / her country, with the reference of the forms I- 129 and I-797.

If the application is approved, the Embassy will stick the visa on the employee`s passport like any other type of visa.

The annual quota

Each year, 85,000 H1B visas are issued to foreigners, but 20,000 visas are reserved for foreigners holding a Master degree (or above) obtained from an American university. If you do not have this US Master, you only have 65,000 visas available to work in the United States.

However, this quota system accepts certain Exceptions: it does not apply to applicants whose applications are submitted by an educational institution, an association doing research, or a government research organization. In addition, these applicants are not subject to the date requirements imposed on other applicants for H1B visas.

Applications are accepted from April 1 of a given fiscal year, and even if this visa is granted, its holder will not be able to start working before October 1 of the same year for the company that has it. sponsored.

At present, there are many requests and a lottery system is taking place to make a first selection. The number of H1B visa applications is increasing year by year, without any change in quota policies seems to be being considered by the US authorities. Therefore, we strongly recommend that applicants call on a lawyer specializing in immigration law to assist them in the preparation of their application before the start date of receipt of files, in order to be among the first to be received and therefore processed by immigration services.

With family

In addition to the quota and the dates, the other frequently encountered difficulty concerns the status of the spouse of the holder of the H1B visa, who will be granted an H4 visa for a period corresponding to that of the H-1B visa (children under the age of 21 of the principal applicant will also be under an H4 visa).

This is because H4 visa holders are not allowed to work in the United States (but can go to school), except when an application for a green card in the name of the H1B visa holder has been in progress for a long time. time.

What rights do you have when you live and work under Visa H1B in the USA?

An H-1B Visa allows its holder to have rather interesting conditions:

As seen above he has the option of taking his family with him. He can be accompanied by his spouse and his children under the age of 21, thanks to the H-4 Visa. However, they will not be allowed to work on American soil.

The possibility of changing society. The visa holder has the right to change employer if they request a transfer from USCIS.

The possibility of having a Green Card. The employee can apply for a Green Card during the validity period of his visa.


What is the H-1B visa?

The H-1B Visa program allows companies and other employers in the United States to temporarily employ foreign workers in specialized occupations that require the theoretical and practical application of a series of highly specialized knowledge and a university degree or its equivalent.

How long does H-1B last?

3 years

H-1B is initially valid for 3 years and can be renewed for more than 3 years, for no maximum 6 years, unless the entrepreneur or employer wants to start the process of obtaining permanent residence in the United States, which may allow extensions além do limit of 6 years.

H-1B is destined for qualified professionals with university training or work experience equivalent to a bachelor`s degree. For example, if a person does not have a certificate or a diploma, each three years of experience is equivalent to one year of university study. You have experience and diploma, as chances of obtaining or seen even older.

What do I need to be a candidate?

H-1B is tied to or entrepreneur. Isso means that you must be a representative entrepreneur to be a candidate. Apart from the training and / or experience in the area and an excellent knowledge of the language - English.

In order to have an offer of employment, know that there is no US legal worker available to fill in that post. The company publishes vague and all the qualifications necessary for the candidate and having an absentee, it verifies for the American government that needs to hire a foreign professional who prescribes the vacancy requirements. This absence of manpower is verified by a process called Labor Certification (LCA), or which examines the offer of a company in a specific market, in order to certify in the absence of a legal resident in the region as Qualifications required, also, they confirm that none of the American workers will be being prejudiced. The following requirements are: the business exists; There is no legal worker available to fill it in; no restriction to vague; The salary will be the same as the American city for that function.

Which professionals are readable for the H-1B?

As the Silicon Valley has a low supply and low demand for technology professionals, most of the two are granted to engineers - mainly software developers, programmers, systems analysts and other IT-related professionals. However, there is also an offer for teachers, advocates, accountants, nurses, market analysts, business analysts, economists, administrators, health professionals, among others. Or seen and granted to all these professionals from various countries in all American territory.

How does the H-1B dimension system work?

Every year, USCIS offers 65,000 thousand H-1B views and an additional limit of 20,000 offered to those candidates who have shown us in the United States. Exactly not on April 1 of each year, or USCIS begins to receive visa requests or the following fiscal year. Porting a company must apply on this day. Any request sent before this date is checked. And credit, generally at a level unseen and hit not the first day!

How is the H-1B process?

The H-1B process is complex and requires many hours of work, many documents, translations, among other things. Generally, the company has several attorneys specialized in immigration to make the application, they file all the forms and documents related to vague and are responsible for the hairs, situation or candidate looking for the requested documents, for example, school record, diploma, work references - everything translated to or from English. This type of process also requires approval of the position and salary by the American labor department, an additional step that requires time for preparation. Waiting at the last minute is the next thing that companies and candidates to qualify for the United States can succeed.

Can a startup request to H-1B be a foreign company?

Among the top H1-B viewers are giants like Microsoft, IBM, Google and Apple. However, startups can also make a request. Either it is important that the company provides that it has sufficient capital to pay or a minimum salary for the category, or that it is determined by the labor department, and also that it does not depend internally on foreign labor.

What is the duration of H-1B?

H-1B has an initial duration of three years, meaning that it can be renewed just one time, for more than three years. After this period, the bearer of the seen feared that to pass a year or less a year not his country of origin will want to return using that same seen.

As a bearer of H-1B, can you become a permanent resident of the United States?

Case or bearer of H-1B who wants to obtain a “green card” or permanent residence in the United States, the company that or hires can request an immigrant visa for this professional. While the immigrant`s visa is pending, just as the maximum period as seen by H-1B has been reached (6 years), this visa may be renewed year by year at the final decision on the granting of the “Green Card”.

Are you relatives of the H-1B carrier who can accompany the United States?

Yes. As children under 21 years of age and or spouse of bearer of H-1B can live and legally study in the United States, or seen two relatives and an H-4 child. Apostle a year residing in a country, those who are studying in state faculties, both holders of H-1B or H-4, have direct payment to the same month that the holders of "green card" American citizens paY.

How to obtain the H-2 visa?

They will need to apply for the H-2B visa at a U.S. embassy or consulate abroad and then apply for admission at a port of entry. To the appointment they must bring a valid passport, a valid petition number (found in the job offer) and proof of payment of the visa application of US $ 190


Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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