| |
For any individual who wishes to be able to work in the United States on a three year H-1B visa, (extendible to six years, and in many cases longer), you need: (1) a four-year university degree or equivalent experience; (2) an employer willing to be a sponsor; (3) a job, (complicated enough to require a four year degree), related to your degree; (4) your employer must be willing to pay you 100% of the "prevailing wage" for this type of job; and (5) if you are in the USA, you should be in legal status. With these five prerequisites, Youngjohn will handle your case for $1,300, (not including filing fees or other costs). Every year, there is a limit as to the number of visas available.
Paying the Immigration Service an additional $1,000 will change the approval time from an estimated 90 to 120 days to two weeks. That is correct. An addition $1,000 brings approval time to 14 days from 90 to 120 days. To learn more about "Premium Processing," click here.
Youngjohn's $1,300 H-1B price-tag does not include any translation costs, foreign degree evaluations, or position evaluations, professional copying costs, mailing/delivery costs, etc. Finally, employer, not the employee, must pay an additional $1,000 filing fee to help educate US workers. If you have any questions, give Tom Youngjohn a call. For a very general overview of the H-1B visa, click here.
The H-1B visa is a nonimmigrant visa for a "specialty worker." It can be thought of as a visa for "professionals," usually those with at least a bachelor's degree, working in a professional position. Documentation is therefore aimed at establishing the temporary term of employment and the foreign national's merit, ability, and professional qualifications. It can be requested for a period of up to three years initially, with a maximum total stay of six years, (and even this can be extended in certain pending immigrant visa cases). For many, the H-1B is the first step toward permanent residence, a "green card." Since implementation of the Immigration Act of 1990 on October 1, 1991, both the Department of Labor ("DOL") and the US Citizenship and Immigration Services are involved in the application.
Before an application can be submitted, a Labor Condition Application ("LCA") must be filed with the DOL. On LCA the employer must attest to various wage and working conditions, including a statement that the foreign national is being at least 100% of the prevailing wage.
All of this can take anywhere from two weeks to four months. It is advisable that H-1B candidates plan ahead in order to maintain legal status in the United States. The H-1B application itself is made on USCIS Form I-129, completed and signed by the employer.
If the foreign national, the beneficiary-employee will be visa processing outside of the United States, the I-129 can be submitted in duplicate, with all attachments in duplicate. While attachments for the second copy maybe photocopies, both copies of the application must bear original signatures from the petitioner-employer. When using the terms "beneficiary-employee" and "petitioner-employer" it is important to note that the foreign national would violate his or her status if the foreign national works, even for "free" or for training, before the foreign national has work authorization. The Immigration Service apparently does not believe in volunteerism. On the other hand, at least in certain cases, "signing bonuses" are acceptable.
The form I-129 also requires a copy of the I-94, as well as evidence of the foreign national's education and training. Transcripts showing issuance of a degree are acceptable. If the bachelors degree is from outside of the USA, an evaluation of the degree should also be included. F-1 students should also provide copies of all of their I-20s; J-1s should attach documentation establishing they are not subject to the two-year home residence requirement.
Persons with previous H-1 status should attach copies of prior approval notices. The I-539 for dependents is submitted in single copy, and also requires copies of
I-94(s) for all dependents.
Approval of the I-129 will ordinarily be sent to the employer on a Form I-797 Approval Notice. A receipt for the application can be expected within a week.Where Premium Processing is requested, see above, the approval (or a request for additional evidence) will be sent within two weeks. Each H-1B application is valid only for the specific employment and employer described in the application. However, a person may hold more than one approved H-1B at the same time (for example, a professor offering courses at two separate universities in the same semester would need 2 separate H-1B authorizations).
In short, if you wish to work in the United States on an H-1B visa, you need: (1) a four-year university degree; (2) an employer willing to sponsor you; (3) a job, requiring a bachelor degree, related to your university degree; (4) your employer must be willing to pay you 100% of the prevailing wage; and (5) if you are currently in the USA, you should be in status. With these four prerequisites, and for a total of $1,300, excluding filing fees and costs, Tom Youngjohn can prepare and file your H-1B petition. Here is a link to my own personal "wish list" of requested documents. To have a professional prepare your application, you may want to hire an attorney. Don't delay.
The information contained in this web site is general and is not intended to substitute for professional advice in specific situations.
|
|
