The H-1B Visa from Bangladesh
What is the H-1B visa?
The H-1B visa is a nonimmigrant work visa that allows American firms to hire foreign workers with particular talents to work in the United States for a set length of time. Typically, these positions demand a bachelor’s degree or equivalent. H-1B visa-qualifying occupations are often found in technology, finance, engineering, architecture, and other disciplines.
H-1B Visa Eligibility
To be qualified for an H1B visa, you will need:
- A genuine job offer from a US business for a role that needs specialized knowledge.
- Proof of a bachelor’s degree or comparable experience in that field
- Your company must demonstrate that there is a paucity of suitable US applicants for the post.
Understanding the H-1B Visa Cap
Before you may enter the United States under the H-1B classification and begin working, you may need to register with the United States Citizenship and Immigration Services (USCIS) and be chosen to apply. Because there is a high demand for this visa, only a limited number of visas can be awarded annually.
Check out FaraTaran’ full H-1B visa cap lottery guide to learn more about the cap and how to enter.
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The H-1B Visa Process
Once you have been selected to apply for an H-1B visa, your employer can start the process by filing a petition on your behalf.
To do this, your employer must submit a Labor Condition Application (LCA) to the Department of Labor (DOL) for certification. The goal of the LCA is to ensure that your employer will pay you the same wage as other similarly qualified workers in the same geographic area, and that your working conditions will not have an impact on other employees.
Once the LCA has been certified by the DOL, your employer must complete Form I-129, Petition for a Nonimmigrant Worker, and submit it to USCIS, along with any fees and supporting evidence. These additional papers may include proof of your schooling, any training certificates or professional membership credentials that are appropriate, your resume, a confirmation letter of employment, a letter of support, and any necessary payments.
If your Form I-129 is granted, you have two alternatives, depending on whether you are currently in the United States or not.
If you are in the United States on a different visa category, you must wait until your H-1B visa status becomes valid before starting employment.
If you are not in the United States, you must apply for consular processing. To do so, fill out Form DS-160, which will take around 90 minutes to complete. You will also be required to pay an application fee and schedule an interview in a US embassy or consulate near you.
Once you have scheduled an interview, you will be required to present documentation such as:
- Your passport. This should be valid for at least six months after your scheduled date of entrance into the United States.
- Print the confirmation page from your Form DS-160.
- Please include a copy of your approved I-129 petition and I-797 approval.
- Receipts proving you paid your application fees.
- A passport-sized photo of you that meets US State Department specifications.
- During the interview, you may be asked about yourself, the job, your experience, the employer, and your travel history.
What’s next?
Currently, H-1B visa holders can apply for a Green Card. However, there could be substantial delays. This means that any children who relocated with you may “age out” of their visa status, which is dependent on your H-1B visa. Under the existing system, if they reach 21 before their green card is issued, they must apply for another visa to stay, such as a student visa. The Biden administration may remove restriction and make it easier for H-1B visa holders’ dependents to obtain work permission.
FaraTaran can guide you through the process of transitioning from an H-1B visa to a family or marriage green card. Find out more about how FaraTaran can help you make the transition seamlessly.
H-1B FAQs
When can I register electronically for the H-1B lottery, and when will I know the results?
The H-1B lottery electronic registration for FY 2025 will run from March 6 to March 22, 2024. NOTE: The dates vary each year, so be sure to check USCIS’ information page for the exact dates for the upcoming fiscal year. If you’re a business sponsoring H-1B employees, FaraTaran can help you navigate the process. Learn more here!
How do I check the results of the H-1B lottery?
To see if you are eligible to file for an H-1B visa, you can check your USCIS online account. The account will show the status of your application. The employer or attorney who registered for the H-1B should also get a notification in an email telling them if their registration was selected in the H1B visa lottery.
Can I expedite my H-1B visa?
Yes, premium processing is available for the H1B visa. To request premium processing, you will need to submit Form I-907, Request for Premium Processing Service, and pay the filing fee to USCIS. You can do this at the same time as you file your Form I-129 petition. If you have already filed your petition, you can request premium processing at a later date by sending your form to the same service center as your original Form I-129.
Can I travel outside the U.S. on an H1B visa?
Having a valid visa allows you to go to a U.S. port of entry and request entry to the U.S.. If you leave the U.S. for travel and return, as long as your H-1B visa is still valid, you may be able to be admitted on H-1B status. You may wish to bring evidence of your employment or your visa validity with you to present at the border.
When can I start filing my H-1B visa application?
If your H1B visa is subject to the cap, you will need to register online first. You should keep in mind that being selected in the lottery allows you to apply for a visa for the following financial year. If you are selected, you and your employer can petition for an H-1B visa on your behalf. You can expect to have around 90 days to apply for your visa, but the filing period and location will be on your H-1B Registration Selection Notice from USCIS. You can apply for your visa up to six months before your visa start date.
Where do I file my H1-B visa application?
If your H-1B visa is under the cap and you have been selected to apply for a visa, your selection notice will let you know which USCIS address you can file your application at. If the H1-B visa cap does not apply to you, for example, if you are being employed by an institute of higher education, then you can file your application at the USCIS California service center.
Can I extend my H-1B visa?
Your H1B visa is generally valid for three years, and can usually be extended for up to six years. To do this, your employer will need to complete and file Form I-129 again on your behalf, along with any supporting documents, and pay the filing fee.
Can I transition from an H-1B visa to a green card?
The H-1B visa is a dual-intent visa, which means that yes, you can apply for a green card. Find out more about how FaraTaran can help you through the process. Who can sponsor the H-1B visa? Any U.S.-based employer can sponsor the H-1B visa. As long as the employer has an IRS Tax ID Number, they can register to file a petition on your behalf.
Can I apply for an H-1B visa if I don’t have a job first?
Because the H-1B visa is an employment-based visa and you will need your employer to file certain forms for you, you will need a job offer before you are eligible to apply for the H-1B visa.
Is there a ban on H-1B visas?
No. In June 2020, President Trump issued an executive order stopping H-1B visas from being processed. That executive order has now expired, and you can now continue preparing your H-1B visa application.
Will my family be able to come with me, if I hold an H-1B visa?
Yes, your spouse and any unmarried children under the age of 21 may be able to accompany you on H-4 visas. Learn more about the H-4 process in FaraTaran’ guide.
How long will I be able to stay and work in the U.S. on an H-1B visa?
The H-1B visa is valid for three years and can be extended for up to six. Can my spouse work? It depends. If your spouse holds an H-4 visa, they may be able to apply for employment authorization if you, the H-1B visa holder, is on track to get a green card. Learn more in our H-4 guide.
What is the difference between the H-1B and H-1B cap?
The government sets a cap on the number of H-1B visas it issues each year. Currently, the cap is 65,000 visas per fiscal year, with 20,000 additional visas available for those who have a master’s degree or higher.
Who is eligible for the H1B1 visa?
The H-1B1 is a U.S. nonimmigrant visa for nationals of Chile and Singapore who work in specialty occupations. The annual cap for H1B1 visas is 6,800 — 1,400 from Chile and 5,400 from Singapore.
What is the minimum salary to file for an H-1B visa?
The employer filing the H-1B petition must show the Department of Labor (DOL) proof they will pay the employee the prevailing wage or the employer’s actual wage, whichever wage is higher. The prevailing wage is the salary paid to workers in similar occupations in the same geographic area, while the actual wage is the salary the employer pays to its workers in similar positions.
What happens if I lose my job while on an H-1B visa?
If you are on an H-1B visa and lose your job due to layoffs or an economic downturn in the United States, you will immediately fall “out of status.” However, there is a 60-day grace period from the time you were terminated until you’re required to return to your home country. Additionally, H-1B workers may be able to switch employers without losing their visa status under certain conditions. Learn about what to do if you lose your job while on a work visa.
Do I need a lawyer to file an H1B extension?
Depending on the complexity of your case, or if you simply want additional peace of mind during the extension process, it may be helpful to enlist an immigration lawyer’s help for your H-1B extension application. Lawyers can help you navigate the extension forms and H-1B requirements from start to finish. If you’re not sure whether an immigration lawyer is the best option for your H-1B extension, FaraTaran put together a detailed guide on when to hire an attorney for your visa process here.
