Do I have to go to the embassy sent by I797 for the H 1B visa?

H 1B visa is H- 1B visa. A kind of American visa, which refers to: special occupation/temporary worker visa (H- 1B), for special professionals/temporary workers. H 1B visa is the most important work visa in the United States. It is a non-immigrant visa issued to employees with foreign nationality and professional skills employed by American companies. H 1B visa holders can work in the United States for three years, which can be extended for another three years. After the expiration of six years, visa holders must leave the United States if their status has not changed. On April 5, 20 13, USCIS has received the full application of 20 14 H 1B, and will not accept the application after 5 days.

2 application conditions

The positions provided by American employers must be "special professional positions" recognized by American law, such as computer programmers, engineers, lawyers, accountants, architects, physiotherapists, pharmacists, medical technicians, professors, teachers, doctors, librarians, management consultants, hotel managers, models, economists, agronomists, biologists, chemists, geologists, horticulturists, nutritionists and so on.

Applicants must be foreigners with "special talents" or "professional knowledge";

An American employer who has a bachelor degree or above (more than 4 years of specialized education plus more than 5 years of practical work experience) or has work experience equivalent to a university (usually 3 years of work experience in a specialized field is equivalent to 65,438+0 years) before applying to the Immigration Bureau. You must first apply to the Ministry of Labor for an "Application Form for Working Conditions" (ETA-9035). After being endorsed by the Labor Department, American employers can apply to the Immigration Bureau for employment of foreign employees with the I- 129 form.

3 quota management

The annual quota is 65,000, of which 5,000 is reserved for Singapore citizens. So the rest of the world enjoys the remaining 60,000 places. In addition, those who have obtained a master's degree or above from an American school in the United States have an additional 20,000 places every year. The allocation is managed as follows: Congress will increase or decrease the number of H 1B quotas every few years according to the situation of American economy and enterprise demand. The date when the quota of H 1B is announced and the application can be started is April 1 every year. The Immigration Bureau allocates quotas in the order of receipt of applications. If the number of applicants in that year is much larger than the quota, the Immigration Bureau will allocate the quota by drawing lots.

4 application procedures

To apply for H 1B, the applicant must first get an employment letter from an American company. Then, the company that employs you must submit your academic qualifications, resume and other materials to the Immigration Bureau in the name of the company, and pay an application fee of more than 2,000 US dollars before applying for the quota. If you are approved to get a quota and you are outside the United States at this time, you have to apply for a visa at the corresponding American consulate. If you are in the United States, you can adjust your identity directly. The U.S. government has statutory requirements on the salary of H 1B, the purpose of which is to prevent American companies from using cheap foreign labor to harm the interests of the employed population in the United States. If you get the quota of H 1B, that is, an I-797 notice form issued by the Immigration Bureau, you can take this form, the company's admission notice, your academic credentials, the company's own financial statements issued by the company you serve, usually the company's tax bill, or the company's introduction materials to the US consulate for a visa. If you can get a visa successfully, it doesn't mean you can go to work in the United States immediately, because generally speaking, the quota announced in April 1 is actually the quota for the next year, and the effective date of the quota for the next year is June 1 of that year. That is, if you get the quota and visa in May, you must wait until June 65438+1 October1before you can work for your employer in the United States.

The H- 1B visa requires that American companies preparing to hire applicants must first obtain "immigration approval" (I-797 form, action notice) for hiring foreign employees. American employers can fill in the application form for non-immigrant employees (form I 129, petition for non-immigrant workers) and supplementary form H, and apply to the Immigration Bureau for "employing non-immigrant employees".

The accompanying spouse or unmarried children under the age of 2/kloc-0 can apply for an H-4 visa, and the spouse cannot work in the United States. But women can study in American public schools.

Applicants for the H- 1B visa cannot apply directly to the consulate. Applicants usually wait until the US Consulate receives the approval from the Immigration Bureau (Form I-797 and Form I- 129) before accepting their visa applications. The U.S. Consulate in China requires an H- 1B visa, and can only apply for a visa from the consulate after being informed of the appointment date of the consulate. All applicants must present the original approval letter, documents detailing the work to be done in the United States, and previous work certificates and academic qualifications during the interview.

5 application steps

First, American employers need to apply to the Immigration Bureau for "hiring foreign employees". The materials needed in this process are divided into two parts:

One: American employers

1. non-immigrant employee application form I-129/I-129 w;

2. Class H supplementary form;

3. Company profile: the industries employed by American employers, the date of establishment of the company, the number of employees, the number of federal tax returns, the total business volume in the past year, etc.

4. Employment contract: the employment contract signed by the employing unit and the applicant, including the nature of work, job responsibilities, working hours, salary and treatment, and the validity period of the contract;

5. Professional work certificate: it proves that the work provided by the employer belongs to professional work, and the work must be held by people with professional level;

6. Proof of labor payment ability: prove that the employer has the ability to pay wages, such as tax returns, bank statements, financial accounting statements, etc.

Two: the applicant

1. bareheaded photo;

2. Resume;

3. Personal profile;

4. Work experience certificate: it should include the company name, address, date, position, work nature and previous work experience;

5. Education certificate: it should include the names, graduation dates, degree certificates and graduation certificates of different schools from primary school to university;

6 articles, reports, certificates of honor and reward, professional licenses and professional level certificates about personal professional achievements.

7. Passport;

8. Table DS160;

9. Original notice of approval of I-797 of Immigration Bureau;

10. A copy of the application form for non-immigrant employees I- 129;

1 1. Marriage certificate (if married and accompanied by spouse);

12. Birth certificate of children (if accompanied by children).

If the application is successful, the applicant will get the approval notice I-797 from the Immigration Bureau, and then he can apply for a visa to the United States. Note: If the applicant is educated outside the United States, usually the Immigration Bureau may require his/her academic credentials and working documents, which need to be evaluated by an American evaluation agency or an American university. Employers generally require large scale and excellent qualifications.

When you get a work visa to the United States, if you hire a company to help you, you can turn it into an immigrant visa and get a green card; If you want to further your studies and study for a degree in the United States, you only need to convert your H- 1BVISA into an F- 1 visa. Your spouse and children can sign an H-4 visa to go to the United States with you, and if your spouse finds a job, they can also apply for an H 1B visa. Work experience in the United States will make it easy for you to get a job or immigration status in Europe, Canada, Singapore and other places (if you are unwilling to apply for immigration to the United States).