The US immigration law provides for certain visa types for temporary workers who wish to enter the country to undertake work activities for a fixed period. H visas are among the most common visas for temporary workers
The travel purpose and other factors determine which visa type is required under the US immigration law. Therefore, before starting a visa application, it is important to assess the eligibility and understand the application requirements, to avoid issues or delays with the application.
H1 and H2 visa requirements
Those who wish to work in the US for a temporary period will be required a non-immigrant work visa. In fact, it is not allowed to work on a visitor or business visa, or under the Visa Waiver Program (VWP).
H visas allow to engage in temporary work. They are petition-based visas, meaning that the US employer will have to file an application which must be pre-approved by the US government, before the visa can be stamped on the workers’ passport.
To obtain the visa, the worker must meet some important requirements.
H1 visa requirements
To qualify for this visa type, the candidate must:
- Work in a specialty occupation, that requires the possess of specialized skills and knowledge
- Possess a higher education degree or equivalent title, to proof such knowledge
- Be paid a minimum wage.
If the requirements are not met, candidates can check if they are eligible for other US visa types.
What is the minimum salary for H-1B?
Employers, who wish to sponsor a foreign worker under an H-1B visa, must attest to the Department of Labor that they will correspond a wage that is at least equal to the actual wage paid to other local workers with the same experience and qualifications for that job, or to the prevailing wage for that occupation – whichever is greater.
In fact, the H-1B visa rule is designed to help employers who cannot find the necessary skills and expertise within the US workforce. In such cases, the US government allows employers to sponsor foreign workers. These aliens can then obtain the proper H-1B visa at their local consular office in their home country.
However, the government aims to protect the local workers from being affected by the employment of aliens, as well as to protect the H-1B workers. Therefore, it sets the above-mentioned salary conditions.
If the employer fails to meet the minimum requirements in this sense, the visa application will be refused.
Is it hard to get an H-1B visa?
The H-1B immigration process is quite complex since it is a petition-based visa, i.e. subject to government pre-approval.
To start with, the employer must file an application with the Department of Labor (DOL). The application must contain the important information such as:
- Confirmation that the employer will correspond the minimum wage so as to not affect the working conditions of the local workforce;
- Confirmation that the worker will not be placed in a place where a strike is occurring;
- Confirmation that the employer will notify to the correspondent bargaining representation of workers their intent to hire a H-1B worker.
Furthermore, the obtainment of an H-1B visa is subject to a cap during each fiscal year. Therefore, the visa obtainment must not be taken for granted.
Can my spouse work if I have an H-1B visa?
Spouses and unmarried minor children (under 21 years of age) may apply for the same visa category to accompany the principal applicant.
Furthermore, the dependent spouse of an H-1B non-immigrant worker is eligible to request employment authorization as an H-4 dependent spouse.
What is an H2 visa?
H-2 visas are indicated for those who need to perform a job which is temporary or seasonal in nature and for which there is a shortage of US workers.
So, they are released to skilled and unskilled workers as a one-time occurrence or seasonal need. To claim a one-time occurrence, the petitioner (the US sponsor) must prove that its employment situation is generally permanent. However, a short-term event has created the need for a temporary worker in the US.
Alternatively, the petitioner can claim a seasonal need. In this case, they must show that the required service is traditionally tied to a specific season and occurs regularly. It may also be linked to a peak load or an intermittent need.
What is the difference between H-2A and H-2B visa?
The difference between the two H visa types regards the type of job they refer to. On the one hand, the H-2A visa is for temporary or seasonal agricultural work. On the other hand, the H-2B visa is for temporary or seasonal non-agricultural work.
Apply for an H1 and H2 visa US
Once you have assessed that you meet all the requirements specific to your case, you can start your visa application.
How to get H1 visa
The immigration petition is initiated by the employer and is made of the following, main steps:
- The employer must file a Labor Condition Application (LCA) which includes the main employment conditions
- The Employment and Training Administration (ETA) will approve the LCA
- The US Citizenship and Immigration Services (USCIS) will approve the H-1B visa classification
Once all the above steps are completed, the Department of State will issue the visa.
H-1B visa application
The application for H type visas consists of the following steps:
- First, the applicant must complete the so-called DS-160 online application.
- Then, an account must be created on the relevant application website and the non-refundable visa fee must be paid.
- Finally, when the consular calendar opens, the applicant can schedule the consular interview.
H-1B interview questions
The interview with a consular office typically lasts just a few minutes (depending on each case). Interviews are by appointment only and, prior to it, the staff will collect, data-enter and review the application. Applicant’s fingerprints will also be collected.
During the consular interview, the applicant can expect to be asked questions about the purpose of their trip to the US and expected duration of stay.
Furthermore, for certain H visa types, the applicant will need to show documentation proofing their social, economic, and family ties to Italy. Such documentation may include:
- Their certificate of residence;
- Their family status certificates;
- Contract of sale or lease for their property in Italy;
- Employment contract.
In fact, the aim is to show the purpose of their travel to the US is genuine and that the applicant will return to Italy after completing their work (this especially for seasonal visa types).
H-1 visa processing time
Following the consular appointment, if approved, the visa is normally issued within a week. The passport is returned to the applicant via DHL courier according to the option that was selected during the application. That is, either home delivery or pick up at a designated DHL location.
If, on the contrary, the visa is denied, the passport is returned to the applicant at the end of the interview, together with a letter explaining the reasons for the visa refusal.
In any case, it is important to consider that the consulate might not have immediate availability for a consular interview. That is usually the case, since they process tons of applications daily. Therefore, it is recommended to carefully plan the travel and apply for the visa many months in advance on the intended travel date.
Finally, it is relevant to note that before applying for a temporary worker visa at the consular representation, the relevant petition for a nonimmigrant worker must be filed and approved by USCIS. The average processing time is 3-5 months. However, many factors may affect and delay the USCIS processing time, such as the number of applications, petitions, workload, and staffing allocation.
H1 and H2 visa US duration
How long can someone stay in the US with an H-2A visa?
H-2A and H-2B visas are issued for the period authorized on the temporary labor certification, for up to 1 year.
However, extension requests can be filed for up to a maximum period of stay of 3 years. After a total of 3 years, the applicant must depart and remain outside the US for a continuous period of at least 60 days, before seeking readmission for the same visa type. Moreover, the previous time spent in other H visa classifications counts toward the total time available.
H-2B visa extension
An absence from the US for at least 60 consecutive days will result in the worker becoming eligible for a new 3-year maximum period of H-2A or H-2B stay.
To qualify, the sponsor must provide evidence of the worker’s absence from the US. This may include arrival and departure records, copies of tax returns, or proof of employment abroad.
H1 and H2 visa US cost
Non-immigrant visa applicants are required to pay an MRV fee. Such fee is non-refundable and non-transferable. This means that even if the visa is ultimately refused, the fee will not refunded.
Certain categories of applicants are exempt from the visa fee payment. These include diplomatic passport holders, foreign military personnel, exchange visitors who are sponsored by the US government.
H1 visa fee
Since June 17, 2023, the application fee for H visa applicants has increased to $205. Furthermore, nationals of certain countries are required to pay an issuance fee in order for an approved visa to be issued. Such additional fee is based on reciprocity.
When applying for a visa in person through a pre-arranged appointment, the applicant will be advised whether or not an issuance fee is requested. Such fee can be paid in cash or by Credit Card or Debit Card. Currently the Embassy accepts only Visa, MasterCard, Diners Club, Discover or American Express.
