Understanding The United States’ H1-B Visa Stamping Process

Are you looking to secure a job in the United States? Professionals worldwide who boast impressive education, experience, and skills can strategically plan their employment in the US. One of the most effective ways to kick-start your career in the US is through the H1-B visa process.

This process facilitates the approval of a non-immigrant work visa for six years in the US. The H1-B visa process is an excellent avenue for experienced individuals seeking employment in the US for a specific period. It offers the chance to command a higher salary than you might earn in your home country.

If you want an H1-B visa, you know it all starts with the US employer. They need to ask the US government for approval to hire someone from another country. Also, there is another big perk to getting the H1-B visa: you can also apply for an American green card.

However, there is more to the process than just getting the H1-B visa. If you and your employer have the Form I-797 and the Labor Certification, and the USCIS has approved the Form I-129 petition, you are good to go for the visa. Once you have finished the application and your interview, the US embassy will let you know if you have been approved.

If you get the approval for the H1-B visa, you will need to apply for the H1-B visa stamping. This is a separate process, and we will dive into how to do it in this post. Below is a comprehensive guide on how to navigate the H1–B visa stamping process in the US.

The meaning of visa stamping

Getting a visa stamp means putting a visa on someone from another country’s passport. This usually happens at a US consulate or embassy in another country, and it is a sign that the person from another country is officially allowed to come to the US for a reason like visiting, working, studying, or being reunited with family. For people already in the US who needed to go back to their home country and then come back, getting an appointment to get their visa stamped and going to the right US consulate or embassy abroad was often really hard and complicated, especially because there were so many people waiting for their turn.

What is the H1-B visa stamping?

Getting your H1–B visa stamped is the final step before you can head to the US on a work visa. Once you arrive in the US, you will need to get through the security clearance process with US Immigration. Here is what they will do:

• Check your paperwork: Even if you have an H1-B visa, you aren’t in the clear. US Immigration will examine your documents to ensure you have met all the requirements.
• Ask you questions: They want to know why you are here and your plans. So, they will ask a few questions, and you must answer them honestly. If they think you are hiding something or lying, they might send you back or do a more thorough interview.
• Look through your luggage: They will check every bit of your luggage and scan your bags to ensure you haven’t brought anything illegal or against US rules. It is important to know what you can and can’t bring. They can take it and look it through if they find something illegal.

If you make it through all this, the immigration officers will let you in without any issues. They will give you a Form I-94 with your entry and exit dates for your visa. For H1-B visa holders, when the immigration officials first check your documents, they will see if you have an H1-B visa stamp in your passport.

The H1-B visa stamp shows that you have completed all the H1-B visa application steps and that the US embassy in your country has agreed you are eligible to work in the US. Without the H1-B visa stamping, US Immigration officials won’t do any more checks and will immediately send you back home.

The history of the pilot program for H1-B visa stamping

Before mid-2004, the US Department of State used to stamp visas within the US for various types like H, L, O, C, E, and P. However, they stopped doing this in June 2004 because the rules for getting a visa changed with the “Enhanced Border Security and Visa Entry Reform Act of 2002”, also known as Public Law 107-173.

The big change was they had to start taking biometrics, but they didn’t have the equipment to do it back then, so they just stopped. Since February 2023, people have been talking about bringing back US visa stamping and going back to the old program.

This became official in June 2023 when President Biden mentioned it during the visit of Indian Prime Minister Mr. Narendra Modi to the US. The first group to get this was people with temporary work visas already in the US.

In October 2023, they officially proposed the idea with a rule called “Pilot Program to Resume Renewal of H1-B non-immigrant visas in the United States for Certain Qualified Noncitizens”. They sent it to the Office of Management and Budget (OMB) for a check-up, and OMB approved it on December 15th, 2023.

Then, on December 21st, 2023, the US Department of State put the official rule in the Federal Register. This means that certain H1-B visa holders can apply for H1-B visa stamping within the US without having to travel out of the US. However, to do this, you must meet certain criteria.

When is a good time to apply?

There are specific times when you can apply for the H1-B visa stamping. You might not get the stamp if you apply too early or too late. If you have an immigration lawyer helping with your H1-B visa, they will know the best time to do this. So, if you have any questions about getting your H1–B visa stamped, ask your immigration lawyer at the US embassy where you are applying.

When you start working for a US company, they will give you a document that says when you start your job. This date will tell you when to apply for the H1–B visa stamping. The general rule is to apply about 90 days before you need to start working in the US.

So, starting August 1st, you should apply for the visa by May. It is a good idea to apply as soon as you are ready because the time it takes to process visas can vary by country, and the US embassy might not be able to stamp it in time.

The criteria and paperwork for H1-B visa stamping

To get your H1–B visa stamping done, you need to meet these requirements:

• Your passport is still valid for at least 6 more months after your H1-B visa expires. If your passport is about to expire, get a new one before you start your H1–B visa stamping application.
• You have passed a medical check-up. Before you can get an H1-B visa stamped, you need to have a doctor check you out. This means the doctor is licensed and has thoroughly checked to ensure you are healthy and ready to work.

Before you can get your H1-B visa stamping done, you also need to send over these documents:

• A filled-out DS-156 Form that you sign.
• A completed DS-157 Form.
• A photo taken in the last 6 months.
• The approval from USCIS on Form I-797.
• The original application for your visa is on Form I-129.
• The Labor Condition Application (LCA) from the Department of Labor.
• A letter from your US employer that talks about your job, how much you will be paid, and what the job is like.
• Details about your US employer’s company, like photos, addresses, brochures, and annual reports.
• Letters from your past employers to show off your work experience.
• Your school diplomas and certificates.
• Your resume or CV.
• Your current address in your home country.
• Bank statements for the last 3 months.
• Proof that you have paid all the fees.
• Your Social Security Number (if you have one).

Keep in mind that US embassies in different countries might need more documents. You should contact them to see what else you need and talk to your immigration lawyer if you have one.

Can I enter the US anytime after an H1-B visa stamping?

Once you have filled out the forms and shown you meet all the requirements, the US embassy might issue you an H1–B visa stamped on your passport. But once you have it, you might wonder when you can get into the US with it. The US has a rule that people with H1-B visas can only get into the US 10 days before they start working.

The day you start working is listed on your Form I-797, which shows that your USCIS petition was approved. So, after getting your visa, you can start looking for flights within 10 days. US Immigration Officials won’t let you in the country before that 10-day window. For example, if your start date on your Form I-797 is June 1st, you can’t get into the US before May 22nd.

The H1-B visa re-stamping

If your H1B visa has expired and your new one has been approved, you will need to get your passport stamped again. You can’t get your H1-B visa re-stamped in the US. If you are applying for the first time, you will follow the same steps to get your visa stamped. You need to finish the H1-B visa re-stamping process in any country except the US, or it is best to apply from your home country.

If your H1-B visa has expired and you have been approved to renew it, you will need to get your passport re-stamped. So, whether you are applying for the first time or a visa stamp renewal, you can’t do it in the US, except if you qualify for the H1-B visa pilot program.

Tips to prepare for the H1-B visa stamping interview

Here are some tips for preparing for an H1-B visa stamping interview:

• Dress professionally. This makes a good impression on the visa officer and boosts your confidence. Stick to solid shirts and regular trousers, avoiding sports shoes, jeans, and prints.
• Be honest when answering questions. Don’t bluff if you are unsure about an answer. It is better to say you don’t know than to guess.
• Stay focused during the interview. Answer questions actively and confidently. You can answer in short or detailed terms, but make sure your answers reflect the information you want to share.
• Arrive 1.5 hours early. Morning appointments are best to avoid long waits.
• Be prepared to discuss your education and qualifications. Know your highest degree, any specializations, and salary package.
• Organize your documents well. Be ready to show them if asked. Please keep them in a way that makes them easy to find, using bookmarks and paper clips for better organization.
• Avoid bringing devices into the interview room, like mobile phones or Bluetooth headsets. Missing academic details or lacking relevant skills and knowledge can also lead to rejection. Your motive for moving to the US should be clear and positive. Lack of funding can also be a reason for rejection.

Be aware that there will be a glass between you and the visa officer, and you will need to answer questions through a microphone. Keep a safe distance from the microphone to avoid feedback.

Get help!

Sometimes, your situation can get tricky, and you might need help from immigration lawyers who can guide you and back you up. At Gehi and Associates, our immigration lawyers will help you out on your journey. Get in touch with us today for a no-cost chat!

It is key for people applying for H1-B visas to know how long they will have to wait, the costs involved, any new legal or rule changes, and the perks of getting help from a pro. By staying up-to-date and ready, you can boost your chances of getting your visa approved. Connect with us now for an amazing immigration experience!