H1B Visa Requirements and Application in Nigeria

Imagine you work for a US company from Nigeria, but your US employer now wants you to come over temporarily to continue the same work. That’s where the H1B visa comes in because it is tailored specifically for non-US qualified workers coming into the US for specialty jobs.

This specific visa type may not work for everyone; regardless of how good you are at the job, you may not qualify for this visa. If you fall into these categories, your employer may not be able to bring you over for the specialty job.

With this in mind, let me bring you up to speed on an H1B visa and how you can scale it up as a Nigerian.

How to apply for an H1B visa from Nigeria

Applying for this visa type starts with your US employer before getting to you. Your employer will have to fill out some forms and obtain approval from the US before you can proceed to begin your visa application. Let me break down the process for you.

EMPLOYER’S PART

• The Labor Condition Application (LCA)

This process must begin no later than six months before your arrival date. So, your employer’s first move must be to complete the LCA. The Labor Condition Application (LCA) proves that you and your employer agree to the rules and requirements of the H1B visa.

Your employer shows this proof by filling and submitting the ETA-9035 form to the United States Department of Labor online. The Department of Labor will consider this application within seven working days and decide whether it will fly.

Your employer can file for the H1B visa petition if it comes back successful. This is where the next step begins.

• H1B Petition

After the Department of Labor clears the LCA, your employer must correctly fill out Form I-129, attach the LCA verdict for bringing a nonimmigrant worker to the US, and submit it to the United States Citizenship and Immigration Services (USCIS). The USCIS may demand more documents to support this petition, and your employer must provide them to make the process fast and seamless. If successful, the USCIS will send your employer a Notice of Action called Form I-797.

EMPLOYEE’S PART

Suppose the USCIS approves your employer’s petition to bring you to the US; your employer will then hand the process baton to you. Here in Nigeria, you will begin the following process.

• HB1 visa application

Armed with the necessary documents and the USCIS approval, complete the nonimmigrant Form DS-160 application online and pay the accompanying fee.

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Requirements that can make you eligible for H1B visa application as a Nigerian

 Willingness to travel to the US for a specialty job is not enough. You must meet the following requirements before becoming eligible for an H1B visa.

• Evidence of your BS.c in the required field of work
• Valid passport with not less than six months beyond your stay in the US
• Evidence of work experience spanning some years
• A valid employment letter from your US employer for a specialized role
• A document that shows your employer could not get anyone in the US to do the job, which includes:

1. Print out the confirmation Form DS-160 application page. Ensure you upload your photo while filling out the DS-160 application form. If your photo fails to upload, adhere to the instructions on the application requirement for failed photo upload.
2. Printout of the approved visa petition for nonimmigrant specialty worker from USCIS
3. Tax returns from employing company
4. Agreement that you will be paid the actual salary for the job

• Proof of certificate to practice your specialized role in the US
• Visa application fee receipt if you pay before the interview or pay on the ground if required. 306,214 Nigerian Naira ($205).
• If with dependents, marriage and birth certificates

H1B application process

In NIGERIA

• Locate the nearest US embassy in Nigeria
• Schedule an interview date
• On that day, come bright bright and early with all your documents
• Be prepared to answer some questions about yourself, your job, your employer, your family, and other information your interviewer deems necessary.
• Some extra questions that you will answer include:

1. Your long-term plans
2. Relationships with your family
3. A residence abroad that you don’t plan to abandon
4. Your financial situation

US PORT OF ENTRY

At the port of entry to the United States of America, apply for the H1B status from the United States Customs and Border Protection.

What is the total cost of an H1B visa?

Here is the updated and current cost of the H1B visa. The costs are divided between the employer and the employee. As at the time of this post,

• Registration fee

14,937 Nigerian Naira ($10)

Employer will pay

• Public Law 114-113 fee

5,974,920 Nigerian Naira ($4000)

Employer pays

• I-129 form fee

687,115 Nigerian Naira ($460)

Employer’s responsibility

• USCIS Anti-Fraud fee

746, 865 Nigerian Naira ($500)

Employer’s responsibility

• American Competitive and Workforce Improvement Act fee

The amount depends on the size of the sponsoring company:

1,120,297 Nigerian Naira ($750) if the company has less than 25 employees and 2,240,595 Nigerian Naira ($1500) if the company has more than 25 employees. The employer will pay the fee.

What are your legal rights and protections as an H1B visa holder?

The United States has rules and rights that protect nonimmigrants for specialty jobs. Here are some of your rights:

• You have the right to your salary or be paid fairly
• Entitled to be free from discrimination
• You are free from sexual harassment and exploitation
• You have a right to a safe and healthy workplace
• Request for help from immigrants, unions, and labor rights groups
• If the employment becomes abusive, you have the right to leave
• Regardless of your status, call 911 in case of emergency or danger

Can H1B work for anyone?

An H1B visa comes with a contract form that binds you to work for just one company. Freelancers who work for multiple companies can not continue with such a work setting once a company brings them to the country on H1B.

Therefore, this visa type will not work for anyone willing to offer their services to multiple firms or companies when they get to the US until the visa expires.

How many years is H1B?

According to the American Immigration Council, the H1B visa requires a minimum of three years’ stay in the United States. However, the stay may be extended to six years as that is the maximum period for a nonimmigrant specialty job holder in the US. 

What happens if my H1B visa expires?

 If your H1B visa expires, you must leave the country immediately or quickly find a new employer willing to offer you a job.

While at that, you may go for a visa extension or change your visa type. All these should be done before your first visa expires so you won’t face problems with the United States Immigration Service.

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