Petition H1B Visa India

What Petition H1B Visa India

From an employer perspective, h 1b eligibility is much more complex. The employer must file the request for the visa on behalf of the worker, who is not allowed to self-petition. Every company, regardless of size or age, must petition for among the 65,000 H-1B visas that are made available every April 1st by U.S. Citizenship and Immigration Services. Note that 6,800 of those visas are set aside, per trade arrangements, for immigrants from Singapore and Chile. An added 20,000 H1B visas are made available for workers with higher level levels, meaning a master’s degree or above. Typically, more applications are submitted than visas can be found within the first week of April, meaning the fate of the worker’s visa rests in the hands of an annual lottery.


For startups, the challenges of getting an H1B visa hardly stop there. First, before even filing an initial request, every corporation must file a Labor Condition Application (LCA) with the U.S. Department of Labor. The LCA is a number of statements that attest to the reality that hiring the H1B employee is not going to adversely impact any U.S. citizen employees. This consists of statements that:

• there is not any active labor dispute or work stoppage in place at the time of selecting the worker.

  • the worker is not going to negatively affect working conditions of other employees, and
  • the employee will be paid the prevailing wage for a worker because position,
  • the worker will receive the same benefits as other employees in that place,


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