H1B Visa Petitioning Process for Employers
- Have a Labor Condition Application (LCA) The US employer must get an approved Labor Conditions Application (LCA) from the US Department of Labor.
- File a petition with USCIS. The second step is to give a job offer to the foreign employee and file the Form I-129. ...
- I-129 forms. ...
- Submit the forms along with the document file. ...
- Wait for the review from USCIS. ...
- Have a Labor Condition Application (LCA).
- File a petition with USCIS.
- Fill in form I-129.
- Submit the forms and the documents file.
- Wait for the review from USCIS.
When to file H1B extension?
- With approved i140, you are eligible to file 3 year H1B extension.
- With approved PERM and pending i140, you can only file a 1 year H1B extension, and that too if PERM was filed 365 days ago.
- With pending PERM filed 365 days ago, your Employer can request a 1-year extension for you before the end of the 6th year.
What documents are needed for H1B visa?
Required H1B Visa Documents
- Valid Passport (If you have any old passports, carry them as well)
- Online US Visa Application Confirmation ( DS-160 Form Submission confirmation).
- US Visa Appointment Confirmation with date, time and location on it.
- H1B Visa Approval Notice (I-797 Form)
- Copy of H1B LCA
- Employment Offer letter from your H1B Sponsor
What are the rules on H1B extensions or renewals?
What are the rules on H1B extensions or renewals? An H1B visa is generally good for three years. The visa may be extended for an additional three years. To obtain an extension, the employer must file a new Form I-129 and submit additional filing fees. The cap-subject employer need not worry about the H1B cap for a renewal because the employee ...
What is the "H-1B portability rule"?
The H-1B portability rule is there to be used to transfer and then work for a different employer but care has to be taken when using it as if a transfer petition is denied as it can be in some circumstances the worker may full out of permissible status and have to leave the US.
Can H-1B petition be filed online?
Prospective petitioners seeking to file H-1B cap-subject petitions, including those filing for beneficiaries eligible for the advanced degree exemption, must first electronically register with USCIS. available and may use an existing account.
How long is H-1B petition process?
4-6 monthsThe current processing time for an H-1B petition is 4-6 months. Departments wishing to expedite USCIS processing may submit a request for "premium processing" with the H-1B petition. Petitions that are premium processed are adjudicated in 15 calendar days.
Can I apply for H-1B visa on my own?
If I would like to work in the US, can I apply for an H-1B visa by myself? No, this is not possible. To apply for this visa, you must have a job offer from a U.S. company or organization.
What is H1B filing fee?
USD $460The basic USCIS filing fee of USD $460 applies to all H-1B petitions. The department must pay the USD $460 filing fee, but you may require the employee to assume the filing fee for their dependents. There is never an obligation for the employer to pay dependent-related immigration fees.
How much does H1B visa cost?
H1B visa costs for employersH1B feeAmount (US $)Who pays?Registration Fee$10EmployerBasic visa filing fee (I-129 form)$460EmployerPublic Law 114-113 Fee$4000EmployerPremium Processing (optional)$2,500Employer or employee3 more rows
What is the minimum salary for H1B visa?
$60,000For the $60,000 wage to be determined, the nonimmigrant has to receive an annual salary or hourly wages that in total make at least $60,000, whether the worker has a full-time or part-time job. At the same time, the salary has to be paid “cash in hand” and “free and clear”, as well as paid when due.
How much does a H1B visa cost to sponsor?
The H-1B visa cost can range from $1,720 to $6,470 or more depending on attorney fees, optional fees, and employer criteria. However, only lottery-selected petitions will pay more than the $10 registration fee. With that said, it's still necessary for all parties to be completely aware of the H-1B filing fees charged.
Who is eligible for H1B visa?
H-1B Visa Eligibility In order to be eligible for the H1B visa, you will need: A job offer from a U.S. employer for a role that requires specialty knowledge. Proof of a bachelor's degree or equivalent in that field. Your employer must show that there is a lack of qualified U.S. applicants for the role.
How many registrations can a prospective petitioner have?
A prospective petitioner may only have one registration submitted per beneficiary per fiscal year. Once the initial registration period has closed, if the prospective petitioner has more than one registration submitted for the same beneficiary, we will remove all registrations submitted for that beneficiary by that prospective petitioner from the selection process. This does not prevent other prospective petitioners or their representatives from submitting registrations for that same beneficiary, but they too need to ensure that each prospective petitioner only has one registration submitted for the beneficiary.
Why is my petition not being rejected?
A: Petitions will not be rejected solely because the petitioner’s address on the registration and the petition are not the same. However, in such situations, petitioners should include a statement with their petition, with supporting documentation, explaining why the address on the registration differs from the address on the petition. If USCIS is not able to determine that the petitioning entity is the same as the prospective petitioner identified on the selected registration, the petition may be rejected or denied.
What is an online USCIS account?
There are three types of USCIS online accounts: Applicant/petitioner/requestor account – Individuals use this type of account to prepare and file applications, petitions or other benefit requests. You cannot use this account type to prepare or submit H-1B registrations.
How does electronic registration help employers?
The electronic registration process has streamlined processing by reducing paperwork and data exchange, and has provided overall cost savings to employers seeking to file H-1B cap-subject petitions.
Do I need to file a G-28 with an I-129?
A: Yes. The attorney, however, would need to file a G-28 with the Form I-129 H -1B petition to authorize their representation . Note that even if the attorney submitted a G-28 to represent a client for the registration process, they would still need to submit a new G-28 with the I-129 petition. Q.
Can you appeal a duplicate registration?
A: Registrations that are determined to be duplicates will be invalid. A registrant who submits duplicate registrations will not be able to appeal the invalidation.
What is the I-129 form?
Once the LCA process has been completed, the employer can proceed to submit the H-1B petition by filing the I-129. Form I-129 is officially known as the Petition for Nonimmigrant Worker. The employer must be sure to include the employment letter with the position’s exact duties, dates of employment, detailed description, salary offered, position requirements, contact information, etc.
What documents are included in a foreign employee's supporting documents?
The foreign employee’s academic qualifications, training certificates, membership documents, resume, and letter of support must also be included as part of supporting documents.
Can I change my status on my I-129?
Change of Status: Once the I-129 is approved, the USCIS will update your I-94 record to indicate your new visa class to H-1B status. With this, you can take up your new job position as an H-1B visa holder. This is only available to those that are already under a valid nonimmigrant status such as O-1, J-1, or L-1 status.
What is the cap exempt status on an I-129?
Part C of Form I-129 asks employers a series of questions that determine whether a petitioner is “cap exempt.” Employers who are cap exempt include: institutions of higher education, certain non-profit organizations, and others who will be employing the H-1B alien to perform employment duties at other cap exempt institutions. Cap status is particularly important to USCIS processing, so employers should take care to establish the correct cap status in their petitions. Employers submitting cap exempt petitions should use red ink to label the top of Form I-129 with the word “Exempt.” Employers submitting cap petitions should also label the Form I-129 in red ink, using the following codes:
Can I submit more than one I-129?
Employers should not submit more than one Form I-129 for any individual employee —doing so may result in automatic denial of those petitions. When using a single mailing to submit petitions for multiple employees, employers should place each individual petition (along with supporting documents) into its own envelope.
Why is it important to complete the H1B form?
It is therefore important to remember that it is the responsibility of the employer to ensure that the H1B registrations are timely submitted in order to stand a chance in being considered for the H1B lottery. Completing the Form I-129 accurately and submitting strong H-1B petitions is equally important to ensure successful adjudication of petitions filed against H1B registrations selected in the H1B lottery.
Where to label H1B cases?
1. Clearly label all H1B cap cases, preferably in red ink, on the top margin of Form I-129, using the following codes:
What is the phone number for H1B 2021?
If you have questions at any point while submitting the H1B registrations or when preparing and filing your 2021 H1B Cap cases, please call us at 202-787-1944. Our experienced immigration lawyers will be happy to assist you.
How to include multiple petitions in the same package?
If including multiple petitions in the same package, make sure to: 1. Place the individual petitions into separate envelopes within the package; and. 2. Mark the individual petition envelopes with the following labels to identify the type of petition: a. Master’s Premium. b. Master’s.
When will H1B registrations be accepted in 2021?
The wait is finally coming to an end! USCIS will begin accepting H1B registrations subject to the FY 2022 cap on March 9, 2021. We’ve put together line-by-line instructions for properly submitting the H1B cap registrations and to prepare and assemble the 2022 H1B cap petitions. Following these guidelines will help you avoid delays and increase ...
What information do you need to provide to an employer?
Employer information you need to provide includes the legal name of the organization, DBA name (if applicable), Employer Identification Number (EIN), primary U.S. office address of the organization and legal name, title, and contact information of the authorized signatory of the organization.
When is the I-129 revision date?
The Form I-129 has a revision date of 01/27/20 or later. To sign the certified LCA before submitting it with the petition to USCIS. Note: A copy of the signed LCA is acceptable. To include a signed check or money order with the correct fee amount.
What is a petitioner USCIS?
Filing the petition in order to correct a USCIS error. Petitioner is a primary or secondary education institution. Petition is a non-profit entity that engages in an established curriculum-related clinical training of students registered at such an institution.
What is the I-797 approval notice?
If the beneficiary is in the U.S., evidence such as Form I-94 (arrival-departure record) or Form I-797 approval notice should be included to establish that the beneficiary will have maintained a valid nonimmigrant status through the employment start date being requested.
What is the I-129 fee?
Fee for filing I-129. This fee is also called American Competitiveness and Workforce Improvement Act of 1998 (ACWIA fee). An institution of higher education as defined in the Higher Education Act of 1965, section 101 (a), 20 U.S.C. section 1001 (a).
What part of the I-907 should I sign?
If a valid Form G-28 is being submitted with the petition, and the attorney is signing the Form I-907, then the representative should sign in both Part 3 and 4 of the Form I-907. Otherwise, the petitioner’s signature is required. Signatures should be in blue ink .
What is a copy of a foreign degree?
A copy of a foreign degree determined to be equivalent to the U.S. degree; or. Copies of evidence of education and experience which is equivalent to the required U.S. degree; A copy of any required license or other official permission to practice the occupation in the state of intended employment; and.
What is the form 9035?
A certified Labor Condition Application, Form ETA 9035, from Department of Labor. A copy of the Labor Condition Application is acceptable. If the Labor Condition Application is for multiple positions, you should provide the name and USCIS case receipt number of any alien who has previously utilized it.
How much does filing H1B really Cost?
The H1B fee varies by the size of the company..As of FY 2022 season, it can range anywhere from $1,710 USD to $7,910 USD + Attorney Fee. There are various fees components that make up this number range, for full details check H1B Visa Filing Fee Details – Summary
When did USCIS change H1B filing?
USCIS changed their H1B petition filing process from FY 2021 season. In the new process, they introduced H1B Registration Process, where employers need to first register the H1B applicants or employees in the H1B Registration Online Tool, whom they intend to sponsor H1B to work in US.
What Documents you Should NOT give to H1B sponsoring company?
You should NEVER give original documents of mark sheets, passport or any other documents to anyone. You will need to carry the originals only when you go for H1B visa stamping, but not for applying H1B Visa petition with USCIS.
How often do they revise H1B filing fees?
You should check USCIS website for correct H1B filing fee, as they revise fee every few years or so.
Do you need to copy W2 if you live in the US?
If you have lived in US and paid taxes, copy of previous W2 tax forms.
Can an employer file an H1B petition?
If an applicant is selected in H1B registration process, then the corresponding applicant’s employer can file H1B Petition with USCIS. To submit H1B petition or application with USCIS, the H1B applicant need to submit the below documents to employer for preparing the petition and submitting the same to USCIS:
How to Extend the H1B Visa?
The H1B extension procedures are similar to the initial application process. You will need to pay the same fees, except for the Fraud Prevention and Protection Fee. Your employer will also have to follow the same procedures for getting certification from DOL and an approved petition from USCIS. In addition, you will submit these documents:
What is H1B Visa Stamping?
In case you are granted an H1B visa, you need to go on and apply for the H1B visa stamping. This a process on its own, and you should check out the H1B visa stamping article for more details.
How Long Can I Stay in the US with an H1B Visa?
The H1B visa is initially valid for 3 years but can extend for another 3 years. In total, a person can stay and work in the US for 6 years at most. However, that does not mean that the person must return to their home country. What makes the H1B visa popular is that it is a dual intent visa.
How to See My H1B Status Updates?
When your employer submits the H1B visa petition, you will receive a 13-digit receipt number which you can use to check on your H1B status on the USCIS website . The receipt number starts with an “ EAC, WAC, LIN, SRC, NBC, MSC or IOE” and is followed by 10 numbers. Your status could state one of the following:
What is an H1B amendment?
The H1B Amendment requires US employers to file an amended petition in case the employee has any material changes. Material changes are defined as anything that impacts the employee’s eligibility for an H1B visa. The USCIS does not give a list of what qualifies as such a change, but examples include:
What is lottery in H1B?
The lottery is the process through which the USCIS selects which applicants will receive an H1B visa. The selection is entirely random.
How much does it cost to get an H1B visa?
Besides the $190 for the H1B application at the embassy additional fees you have to pay for the H1B visa are:
Where to file I-129?
When completing Form I-129, please list your CNMI P.O. box when asked for a street or physical address. File your petitions for employment or services in the CNMI, regardless of classification, with the California Service Center.
Who should I present my I-129?
The beneficiary should present this documentation to U.S. Customs and Border Protection when seeking entry or re-entry into the United States in the approved Form I-129 employment classification.
What is an I-129?
When the beneficiary with an approved Form I-129 is admitted to the United States, U.S. Customs and Border Protection grants the beneficiary a period of stay documented on Form I-94 or as noted in the passport or travel document.
When will USCIS stop extending nonimmigrant status?
On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule.
When do I need to report I-129?
Petitioners requesting an extension of stay or change of status on behalf of aliens who are subject to the new public benefit condition do not need to report the receipt of public benefits on Form I-129 if such benefits are received before Feb. 24, 2020.
When will I-129 be available in 2021?
Alert: The current edition date for Form I-129 is 03/10/21. Starting July 1, 2021, we will only accept the 03/10/21 edition. Until then, you can also use the 09/30/20 and 01/27/20 editions.
Can I file an extension of stay on behalf of a beneficiary?
A petitioner must file a request for an extension of stay on behalf of the beneficiary using Form I-129; or. An application for some other immigration benefit that would allow the beneficiary to remain in the United States must be filed; or. The beneficiary must depart the United States.
