H-1B Visa and Travel Insurance: Key Considerations

The H-1B is probably the most well-known work visa in the world. This Visa helps hire nonimmigrant aliens as workers in speciality occupations. The H-1B enables US businesses to employ highly skilled foreigners in particular fields. Think software engineers, doctors, teachers, data scientists, and designers – the type of professions where talent can effortlessly transcend international borders. The typical validity is 3-6 years, and Visa holders can also apply for permanent immigration.

The demand for the H-1B is so high that, at times, the number of applications exceeds the available capacity, and a lottery system determines which ones will be processed first. It's safe to say that obtaining an H-1B isn't as simple as just packing your bags.

The H-1B process must be followed correctly. Experts recommend getting help from experienced immigration attorneys. Since numerous legalities and technicalities are involved, they can aid you in everything, including identifying eligibility, error-free application documents and following up in a timely manner.

Read on to learn more about the H1B visa and its key considerations.

H-1B Visa Requirements – Eligibility Criteria

The primary eligibility criteria for the H1B include:

• Specialisation:

The job title you have applied for should require specialised knowledge in a particular field corresponding with categories that fall under “speciality occupation.” This generally means a bachelor's or graduate degree and its validity as per the US system. Relevant work experience adds points to your application.

• Job offer:

You must have a valid job offer from a US-based employer establishing the employer-employee relationship. Your employer also has to petition with U.S. Citizenship and Immigration Services to sponsor you.

Documents Required for the H-1B Visa Process

Submitting the proper documents is crucial to a successful application in the H1B visa process. The paperwork records your legal status and helps US officials verify your offer and qualifications. While the process may seem daunting, the key is to plan ahead, maintain a checklist, make copies of all original documents, ensure consistency across files, and double-check the specific requirements for each step.

Here are some key requirements:

1. A passport that is valid for more than six months beyond the duration of your planned stay in the United States.
2. Form DS-160 confirmation in print.
3. Visa application fee receipt.
4. Passport-size pictures in the required dimensions.
5. Approval notice for Form I-797.
6. All your transcripts, degrees, and diplomas, along with other original academic certificates to prove you're suitable for a "speciality occupation". Pro tip: In case your documents aren't in English, include certified translations.
7. A letter from your US employer confirming your occupation, duties and compensation.
8. A copy of the certified LCA (Labor Condition Application) filed by your employer.
9. Work experience certificates, if applicable.
10. Appointment and relieving letters from your previous employment, as well as payslips and bank statements.
11. Any supporting documentation such as I-94 travel records, LoRs (Letters of Recommendation), etc.

Other Specifications for H-1B Visa Process

The following are some additional considerations for the H1B visa application:

1. The H-1B visa only applies to particular trades. Thus, thoroughly research and understand whether your job falls under the “specialised occupation” definition specified by the US Citizenship and Immigration Services.
   
   
2. Most of the costs involved in the H1B process are your employer’s responsibility. Therefore, it is wise to target jobs where the employer is willing and able to sponsor candidates.
   
   
3. You should be mentally prepared for a long wait, as your application may go through the lottery process due to the high number of applications received.

H-1B Visa Application Process

It's no secret that the H-1B process may be slow, challenging and complex. Clarity on the steps involved saves you extra work later. Here is a breakdown of what is involved:

1. Make sure your employer has filed for the approved LCA via Form I-129.
2. Check your eligibility for the H-1B visa process completely.
3. Go to the nearest US Consulate or Embassy to apply for the Visa. Ensure you have all the documents in order.
4. Check your final USCIS application results. You'll get an I-797 approval notice if USCIS authorises you.
5. To get your visa stamp, you must schedule an appointment with the US consulate. Prepare thoroughly for your interview and make sure to bring all necessary documents, including the Form I-797 approval notice, application fee receipt, passport, and others.

How Much Does it Cost for an Employer to Get an H-1B Visa?

The responsibility of paying the various fees for an H-1B visa primarily lies with the employer. Additionally, an employer cannot recover these payments from the employee. The following are the various H-1B visa fees involved:

1. Base Filing Fee: USD 780
2. ACWIA Fee: USD 750 or USD 1,500, depending on the employer having less or more than 25 workers.
3. Fraud Prevention and Detection Fee: USD 500
4. The "Big Business" Fee: USD 4,000 (for businesses having 50 or even more staff members and over half of the workforce on L-1 or H-1B visas)
5. Registration Fee: USD 215
6. Premium Processing Fee: USD 2,805 (this is an optional fee that enables you to skip the queue and get your visa approved in fifteen calendar days)
7. Attorney Fees: Can range from USD 1,500 to USD 5,000
8. New Asylum Program Fee: USD 600 (Began in 2024, mandating nearly all companies with 25 or more workers to pay a fee to fund the country’s asylum program. Those with fewer than 25 employees pay half the amount, while nonprofits are exempt)

Conclusion

To increase your chances in the competitive H-1B visa process, stay informed about regulations and immigration laws, complete your registration well before the H-1B cap deadline, and ensure all necessary documents are ready. This includes travel insurance, which serves as a safety net while immigrating to a new country.

Disclaimer: The information provided in this blog is for educational and informational purposes only. It may contain outdated data and information regarding the Insurance industry and products. It is advised to verify the currency and relevance of the data and information before taking any major steps. ICICI Lombard is not liable for any inaccuracies or consequences resulting from the use of this outdated information.