You have to apply for an H 1B visa.

H-1B visas allow US employers to temporarily hire foreign workers in specialty occupations.If you want to apply for an H-1B visa, you must have an offer of employment from a U.S. company that is willing to serve as a petitioner.You must hold a Bachelor's degree or higher in the field that relates to your job in order to be hired by the employer.If you are eligible for an H-1B visa, your employer will need to apply for a certification from theDOL and file a visa petition on your behalf.Unless you are currently outside the U.S., you will not be able to start working.You will need to apply for a visa from the U.S. Consulate in the country where you are located. Step 1: There is a difference between an H-1B Visa and a "H-1 B Classification". A worker who is already physically present in the U.S. only needs to obtain "H-1B classification" in order to work legally.A worker who is outside of the U.S. must apply for an H-1B visa in order to legally work there.Form I-129 is required for a worker to qualify for H-1B classification.If Form I-129 is approved, a worker who is already in the U.S. will be able to start working.To apply for an H-1B visa, a worker abroad must request a visa interview.He needs to present his approved Form I-129 at the interview.If approved, he will be granted a visa to enter the U.S.Most people will use the term "H-1B visa" for both types of status, even though there is a technical difference.The application for H-1B classification is called an "H1B Visa Petition." Step 2: Determine if you are eligible for the H-1B classification. If you want to apply for H-1B classification, you must have an offer of employment from a U.S. company that is willing to serve as a petitioner in your visa application.Minimum requirements for the job are usually defined as an occupation for which a Bachelor's degree or higher is required.The Occupational Outlook Handbook states that whether a particular position is classified as a "specialty occupation" is determined by the Department of Labor.You should have a Bachelor's degree in a field that relates to your job.You will need a degree in engineering to work as an engineer.If you don't have a Bachelor's degree in the field you want to work in, you can still qualify with a combination of work experience and education.For a position in your field, whichever is higher, you should get a salary that is at least the actual or prevailing wage.The prevailing wage is determined by a database maintained by the DOL. Step 3: When will you be able to apply? 65,000 H-1B visa petitions are approved by the US Citizenship and Immigration Services each year.An employer cannot file an H-1B visa petition more than 6 months before the actual need for the beneficiary's services or training.October 1 is the earliest date on which an employee can be hired for a given fiscal year.April 1 of the previous fiscal year is the earliest date that an employer can file an H-1B petition.Your employer will need to submit an H-1B visa petition on your behalf by April 1, 2016 if you want to start working by October 1.Almost immediately, the cap for H-1B visas is reached.The H-1B visa cap was reached by April 7, 2015, which means that all of the visas had been issued within seven days.You need to plan ahead so that you can submit your visa petition by April 1.Out of the total 65,000 available slots, a "carve-out" of 1,400 is set aside for citizens of Chile.More than 20,000 H-1B visas are available to people who have earned Master's or higher degrees from U.S. universities.This is referred to as the Masters cap. Step 4: You should plan ahead. Since the timing of your application is critical to your obtaining an H-1B visa, you should plan ahead and have a timeline in mind for completing each stage of the visa process.In January of the year in which you hope to start working, apply for jobs with companies that are likely to sponsor an H-1B visa for a person with your profile.You will need to accept an offer of employment by February.The company should sponsor your visa application.You need to collect the supporting documents for your visa petition once a company agrees to sponsor your application.In March, your employer must file a Labor Condition Application.It takes about a week for this application to be processed.You won't be able to submit your visa application until the DOL has certified you.The H-1B visa petition must be prepared by your employer by completing Form I-129 and attaching the supporting documents.In order for your H-1B visa petition to arrive on April 1, your employer must send it by the last week of March.If your H-1B visa petition is approved and you are already in the U.S., there will be nothing you can do.If your visa petition is approved but you are outside of the U.S., you have to apply for a visa and get an interview.You will be given a visa to enter the U.S. and begin working on October 1. Step 5: You need to register for iCERT. The first step to applying for H-1B classification is for your employer to submit a Labor Condition Application.If approved, your employer must attach a certification to the H-1B visa petition.The iCERT System is used for this process.Click on "create your portal account today" to register for an account.To create an account, you need to enter your login and company information.You will be given a temporary password once the registration is complete.You can use this password to log in to the iCERT home page.Employers unable to file electronic applications due to physical disabilities or lack of internet access may submit a written request to do so via U.S. mail.The request must be made before the application is submitted. Step 6: It's a good idea to plan the timing of your submission. The H-1B start date is stated on the LCA application.Due to the fact that your visa petition can't be filed until April 1, your intended state date will be October 1.You can't wait until April 1 to apply for the LCA because you will need to receive your certification in time to include it in your visa petition.The application will be processed in a week if you file it in March.Even though the application is being submitted before April 1, you should ask for a start date of October 1.If you ask for a later start date, the DOL certification will expire before you have completed your full three years of work allowed under H-1B classification.If the LCA is filed on March 25, the H-1B start date has to be September 25 and the end date on September 24. Step 7: Form 9035E needs to be completed. Once your employer has registered for an iCERT account, he needs to electronically submit Form 9035E.In order to be hired over a U.S. worker, your employer must show that hiring you will not affect the wages and working conditions of similarly employed US workers.The LCA visa type case tab can be found on the iCERT Portal Home / Portfolio Summary page.Click the "Begin New ETA Form 9035E" button if you want to apply for a H-1B visa.In the first section, check "yes" to all boxes to make sure you are in compliance with the requirements.Do you want Form 9035E electronically attached to the certified LCA?The H-1B visa classification, job title and code, period of expected employment and total number of workers being requested through the certification are all listed under "Step 1: Employment-Based Nonimmigrant Visa Information and Temporary Need Information."The next three steps will guide you through a series of questions about the name and contact information of the company and one person authorized to act on their behalf in labor certification matters.Rate of Pay, Employment and Prevailing Wage Information, and Employer Labor Conditions Statement are used to indicate the salary and pay period for the intended employee.Check "yes" to agree to the statements about labor conditions.Under penalty of perjury, the employer must sign a declaration stating that all statements made in the application are true.To submit your application, click "Save" and "Next" at the end of the questions. Step 8: There is a print and sign certification. Your employer will know that your LCA has been approved when you log into the iCERT System.From the iCERT System, your employer needs to sign three hard copies of the DOL certification.If you want to support the H-1B visa petition, your employer should keep one hard copy for himself and give the second and third one to you. Step 9: Form I-129 should be prepared. Form I-129 must be prepared for you by your employer once the LCA has been certified.There is a link to the Form I-129 on the USCIS website.The instructions for filling out the form can be found on the same site.Print out the form and answer it in either blue or black ink.The name and contact information of the employer should be included in Part 1.If the employee is outside the U.S. and has no classification, he can apply for a H-1B classification.If the employee is already working for the same employer under H-1B classification, check the box for Continuation of previously approved employment.If the employee leaves the U.S. to seek a visa abroad, check the box for "a."If the employee is in the U.S. and applying to change to H-1B status, check the box for "b."If the employee is already in the U.S., check the box for "c".Provide the name, contact information and details of the employee's arrival and previous status in the U.S.If the employee wants to apply for a visa if he is outside of the U.S., he should state his name in Part 4.For not applicable, state "N/A".Basic information about the proposed employment, including job title, wages and dates of intended employment is provided in Part 5.The start and end dates should be six months and three years after the petition is filed.Should a license be required for the release of technological information to an employee?Write out the name, email address and phone number of the employer.Print out the form and have the employer sign it. Step 10: Attach proof. You will need to attach supporting evidence to your visa petition in order to complete Form I-129.A signed copy of the LCA certification you received from the DOL, evidence that the proposed employment qualifies as a "specialty occupation", a detailed description of duties from similar jobs, and a job announcement showing the minimum requirements for the job are all included. Step 11: You should include proof that you maintained your status. If you want to change your immigration status to H-1B status or extend your current status, you need to file an application before your status expires.Attach the following evidence to your visa petition if this is your situation: a copy of your I-94 card and a stamped page from your passport, which shows your initial entry into the U.S. Step 12: You have to pay the filing fee. The required filing fee must be included in your visa petition application.This must be paid with a check or money order.The filing fee is $325.Depending on the number of full-time employees employed in the United States by the H-1B petitioner, there are additional fees that apply.Premium processing service has an optional government filing fee of $1,225.USCIS will adjudicate your case within 15 days. Step 13: Send your application to the correct location. When you are ready to submit your visa petition, send it to the address that the employee will perform his duties in.You can get this information by checking the USCIS website or calling.The most current information on where to send the petition can be found at ensure that the requested classification is eligible for premium processing, first check the website of the US Citizenship and Immigration Services.You will need to file Form I-907, Request for Premium Processing Services with the applicable fee if it is.To find out where to send the application, visit or call the National Customer Service Center. Step 14: Wait for the visa petition to be approved. If you want to enter the U.S. on an H-1B visa, your employer needs to file Form I-129 on your behalf.You will be ready to apply for your visa once this form has been approved.You don't need an H-1B visa if you're already in the U.S.H-1B status will be available to you once you have an approved Form I-129.If you wish to leave the U.S. and reenter, it is the only exception.You will need to apply for an H-1B visa from a U.S. Consulate abroad. Step 15: The requirements for the consulate in your country should be reviewed. The visa application process will be done at the U.S. Embassy in the country where you are located.Before you begin the process, you will need to review the requirements set forth by your particular consulate, as the order of the steps and specific requirements can vary.You can find the instructions on the embassy website for your country.You can apply for a visa at any U.S. Embassy or Consulate, but keep in mind that it may be difficult to get one outside of your place of residence. Step 16: The online visa petition needs to be completed. You can begin the process of applying for a visa by completing Form DS-160 on the Department of State website.Select the location where you will apply for your visa from the link.Click on it to start the application.The application will lead you through a series of questions about your visa eligibility, and you should answer them online.When prompted, take a photo of yourself.You can either use a scanned 2x2 inch passport photo or a color digital photo, but you must meet the guidelines of the Department of State.You can take it to your visa interview if you keep it in your records. Step 17: Schedule an interview. To schedule an interview, you will need to follow the instructions given to you by the U.S. Embassy or Consulate of the country you are applying to.The instructions for scheduling an interview can be found on the website of the U.S. Embassy.To schedule your interview, you will need to provide the receipt number that is printed on your approved Form I-129.Depending on location, time of year and visa category, wait times can vary.It's best to apply early.You can find the average wait time by selecting the name of your U.S. Embassy or Consulate from the list. Step 18: Prepare for your interview. Before arriving at the interview, you will need to review the instructions for your particular embassy or consulate to make sure you fulfill all requirements.The non-refundable visa application fee can be paid before the interview.Hard copies of the documents are required for the interview.Your passport, DS-160 confirmation page, receipt showing payment of application fee, and a copy of your approved I-129 visa petition are included. Step 19: Attend the visa interview. A consular officer will review your application and determine if you are qualified to receive a visa.If you apply for a job in the U.S., you should be prepared to answer questions about it.Digital fingerprints will usually be taken during the interview.The consular officer will inform you of the next steps after the interview is over.You will be informed on the spot if you have been approved.You will be told to submit the missing documents at a later time. Step 20: Your H-1B visa is needed to pick up your passport. If your visa is approved, you will be given instructions to pick up your passport.The pick-up and delivery of your passport will usually be handled by a third party.You won't be able to enter the U.S. until 10 days before your first day of work.

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