H-1B Visa application--What you need in your file to show the consulate/port officials

1) You need your visa application fee

2) A valid passport

3) If you are accompanied by relatives they need a valid passport too.

4) A passport photo for you and the accompanying relatives with you

5) Visa issuance fee (for some countries)

6) Marriage and birth certificates for your spouse and family

7) Notice of approval of your H-1B petition

8) Form DS-156, Nonimmigrant Visa Application

9) Form DS-157 (to be filled out by males between the ages of 16 and 45)

Applying for an H-IB Visa at a Consulate outside your Home country

You can basically apply for an H-IB visa anywhere at any consulate. But you probably will have better luck in your own country or consulate since "'consulate shopping' is viewed with suspicion and is frowned upon." However, if you have ever overstayed your visa by even one day in the U.S. you must apply for your H-1B visa in your own consulate. And you may not get one for the simple reason that overstaying your visa even for a day could subject you to a 3 or 10 year bar. If you were present in the U.S. with a student visa, then you may be able to get around the general rule since that is not treated as harshly as other types of situations. So if when you entered the U.S. your passport was stamped with a D/S on your I-94 card, then you may be able to apply for an H-IB visa anywhere, including in the U.S.

How to apply for an H-1B Visa

First, you must find an employer willing to sponsor you.

Second, the employer has to fill out an LCA with the Department of Labor: An LCA is a Labor Condition Attestation. This can be submitted up to 6 months prior to your start date. An LCA is like an affidavit. It must describe the job, state the number of foreign workers needed for the job, state the wages you will be paid, what the prevailing wage is for the job (prevailing wage is roughly 5% below the weighted average salary), a written promise that the employer will pay the foreign worker 100% or more the prevailing wage with the same benefits, a statement attesting to the fact that the employer isn't filling spots due to strikes, work stoppages or lockouts, and a statement thta the employer has given the all labor unions notice of the employer's filing of the LCA. If no union exist, the employer has to post the notice of filing in two locations which are conspicuous at work site for 10 days.

Third, Employer must then file a petition on form I-129.

Fourth, the non-immigrant must file an application to the USCIS

Last, upon receipt of the visa, the non-immigrant should come to the U.S. and claim the H-1B status given.

How to qualify for an H-1B Visa

To qualify for an H-1B Visa you need to

1) Have a college bachelors diploma (and license if required in that field) or at least three years experience in a specialized field/occupation to which you are applying in the U.S. (preferably in a specialized field)

2) you are a distinguished fashion model recognized internationally for your work (fashion models don't need to meet the educational or experience criteria.)

3) a job offer from an employer in the U.S. paying you the same wage paid to similar workers in that geographic location or by that employer.

4) passs certifying exam (doctors only) and an English competency exam TOEFL.

5) your employer must file an attestation with the Department of Labor.

H-1B Visas--the cap on the number of visas issued each fiscal year

There are only 85,000 “new” H-1B visas available per year pursuant to the USCIS. The government and consulars accept applications on April 1 (or the first business day after April 1) for work to begin on October 1. Not all cases are subject to the cap. The cap does not apply if you are getting an extension of an H-1B you already possess, or a renewal. Also, "if you are being sponsored by an institute of higher education or a non-profit research institute affiliated with an institute of higher education the cap does not apply." There is also another exemption and that is if you have had H-1B status in the past six years. If so, you are exempt from the cap if you have not left the US for more than a year since that time

NAFTA TN VISAS vs. H-1B VISAS which should you get?

There are similarities and differences between the TN visas and the H-1B Visas. Overall, the TN visas offer more advantages than the H-1B visas.


· TN visas are not subject to an annual cap

· TN visas can be renewed indefinitely

· TN visas cover a broader range of professions and job descriptions

· There are no wage requirements for TN visas

· Canadian citizens can obtain a TN visa at the border, meaning there is no wait for the visa

· A TN visa can be obtained by a person who has held H-1B status for the full six years without fulfilling the requirement of spending one year outside the US, a requirement that must be complied with before obtaining other nonimmigrant work visas

However, the following must be considered before deciding on a TN visa vs. an H-1B Visa:

"Unlike H-1B visas, the TN visa is not a “dual intent” visa. That is, where a person on an H-1B visa may pursue permanent residency without having their visa revoked because they now have immigrant intent, a person on a TN visa cannot pursue permanent residency without risking their TN status.

Also, experience cannot be used as a substitute for the degree requirement

A TN visa can be denied if the Department of Labor certifies that there is a strike or other work stoppage, the resolution of which would be adversely affected by the admission of the TN nonimmigrant

TN visas provide for the admission of those who will be engaged in “activities at a professional level” in the US. “Activities at a professional level” are defined at those that require at least a bachelor’s degree or credentials and experience demonstrating that the person is a professional. Self-employment is not permissible on a TN visa, but the H-1B non-immigrant can work for a company in which they have an ownership interest, even a controlling interest."