Obtaining an H-1B Visa

To enter or reenter the United States as an H-1B worker, you must have a valid U.S. H-1B visa stamp in your passport. Your accompanying dependents must each have an H-4 visa. Canadian citizens are exempted from the H-1B/H-4 visa requirement.

H4 Visas for Dependents

Candidates who petition for H1B status can bring their dependents on H4 status. The candidate can work directly with Ware Immigration to add eligible family members to their petition and will be responsible for all filing and legal fees associated with apply for H4 visas for their dependents unless otherwise designated.

Where to Apply

Once your H1B petition is approved, you and your dependents can apply at a U.S. embassy or consulate outside the United States. You cannot apply for an H-1B entry visa from within the United States.

Applying in your country of citizenship or last residence will result in the fastest processing time. Find the typical wait time for a visa appointment and processing at the U.S. embassy or consulate in your area.

Be advised: Every time you apply for a U.S. visa, you may be subject to security checks that could take weeks or longer to complete.

If you are from Iran, North Korea, Cuba, or Syria, you must be interviewed by a consular officer.

Documents Needed to Apply

• Original USCIS Form I-797 approval notice for your H-1B position
  Contact International Services at least 3 weeks prior to your scheduled departure date to request that your original USCIS approval notice be mailed to you.
• Completed visa application form
  Include required photos, visa application fee, and any other documents to show your qualifications for your H-1B job.
• Copy of your most recent H-1B petition
  International Services can email you a copy if needed.
• Current original employment offer/confirmation/verification letter
  This is a letter issued and signed by your hiring unit and printed on the hiring unit’s letterhead. It must specify your position title, job duties, and salary. Include your previous 2 months’ paystubs if you have been previously employed in H-1B status.
• Additional documents
  Supporting documents may be required by a U.S. Customs and Border Protection officer to establish your qualification as an H-1B worker.

USCIS provides detailed information about the application process.

More About H-1B Petitions

The vast majority of H-1B visa applications are approved. Unfortunately, there is no guarantee that USCIS will approve yours. It is subject to a USCIS officer’s adjudication. Among the most typical issues are the following:

• The offered position does not meet H-1B eligibility criteria.
• You did not possess the requisite qualifications before you received the job offer.
• The offered wage does not meet Department of Labor prevailing wage requirements.
• You have already reached the 6-year limit for a stay in the United States in H-1B status.
• You are subject to the 212e 2-year home-country residence requirement.

If your visa application is denied, review the reasons for denial. Find out if you might be allowed a waiver of ineligibility.