H1B visa to work in the USA
If you want to move to the United States or work in an American company, you will first need to obtain official authorization from the American government. Whether it is an Electronic Travel Authorization (ESTA) for a short stay, or a visa for a longer stay, it will be necessary to plan to carry out this procedure before even buying your plane tickets.
For a stay of less than 90 days in the United States: It is not necessary to apply for an H1B visa. You can simply apply for ESTA online. ESTA is an Electronic Travel Authorization issued by the United States and valid for stays of less than 90 days. To obtain your certificate in a few minutes click on online form.
For an expatriate stay: Discover below all the information concerning the H1B work visa which is so coveted for working in the United States.
Who is the H1B visa for?
The H1B visa is a work visa that allows US companies to hire people with special skills or qualifications from foreign countries. This authorization is so coveted that its release is limited to 65,000 copies a year, to protect the labor market, American workers and the economic stability of the country.
The H1B visa is only for a particular workforce and is part of the list of visas to work in the United States . Indeed, it is issued only to “qualified” employees offering an interesting added value in the eyes of US authorities: engineers, lawyers, accountants, computer experts, teachers, scientific researchers, etc. To obtain this authorization, the applicant will have to answer some criteria:
- Hold a job offer and be sponsored by an American company (having found a job in the US in short);
- To possess a “Bachelor” American related to the function to occupy;
- Have a foreign degree, equivalent or superior to the “Bachelor”, in relation to the position to be filled;
- Hold a license certifying his ability to carry out the professional activity in question.
For its part, the American company will have to hire the employee for specialized work whose mission can not be carried out by a US citizen. It must also be able to compensate the qualified employee at the level of the remuneration in effect for that position in the United States.
Note: This visa is not intended for trainees, they will have to obtain a J1 visa.
How to obtain the H1B visa?
As mentioned earlier, only 65,000 H1B visas are issued each year. In addition to this, there is a higher financial cost than other types of visa:
- The 200 dollars of application fees;
- 500 dollars (US currency) to be paid by the company when filing the application with the immigration services;
- Optional fees of approximately $ 3,000 for the assistance of a lawyer;
The sum of $ 1000 for an accelerated procedure (2 weeks rather than several months).
Unlike traditional visas, it is the company that starts the process of obtaining this visa:
- Obtaining an authorization (Labor Condition Application) from the Department of Labor;
- Enter Form I-129 at the US Immigration Service;
- Submit a copy of the employee’s diploma (s), any authorization to perform the activity, a copy of the offer of employment and evidence of the employee’s specific abilities;
- If the request is approved, the company will receive form I-797 “Notice of Approval” that the employee will complete;
- Using forms I-129 and I-797, the person will have to make an appointment at the US Embassy or Consulate to have a face-to-face interview with a US representative.
Following your interview at the US Embassy, if your application is accepted, the embassy will keep the passport for a few days and send it, stamped H1B visa, directly to your home.
It is also possible to benefit from the American Start-up visa if your project falls within the scope of this program.
Note: The H1B visa is valid for a period of 3 years, renewable once (for a stay of 6 years maximum). This visa makes it possible to apply for a green card with an acceptance rate higher than a standard request.