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Immigration Law
Case Introduction
Case No. IW-010
H-1B Professional Specialty Workers
Brief Introduction

The H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary alien workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H-1B visa program is utilized by some U.S. businesses and other organizations to employ foreign workers in specialty occupations that require: theoretical knowledge, attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the US. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors.

It is the responsibility of the USCIS to determine whether the employment constitutes a specialty occupation and whether the alien is qualified to perform the services. After the USCIS has approved the I-129 and sent notice to the consulate with jurisdiction over prospective employees’ place of permanent residence, the prospective employee must file a visa application with the consulate.

Things to Know
Qualification

Petitioner
1. A U.S. employer: a person, firm, corporation, contractor or other association or organization in the United States with an IRS tax identification number;
2. Have the ability to pay;
3. The position offered requires:
1) a bachelor’s or higher degree in the specific activity (or its equivalent);
2) the knowledge, both theoretical and applied, which is almost exclusively obtained through studies at an institution of higher learning;
3) a specific course of study which relates directly to the position.

Beneficiary
1. Bachelor’s or higher degree:
1) A U.S. Bachelor’s degree, or
2) A foreign degree that is determined to be the equivalent of a U.S. Bachelor’s degree;
3) Education, specialized training, and/or experience that are equivalent to a U.S. Bachelor’s degree.
2. Qualifying the Position as a "Specialty Occupation”, technical requirements are:
1) full state licensure to practice in the occupation, if such licensure is required to practice in the occupation;
2) completion of the degree in the specific specialty required as a minimum for entry into the occupation; or
3) Experience in the specialty equivalent to the completion of such degree, and recognition of expertise in the specialty through progressively responsible positions relating to the specialty.



Filing Fee

 USCIS filing:
 1. I-129 Petition                                      $
325
 2. Education and Training Fee                 $
750/$ 1,500
 3. Fraud Prevention & Detection Fee       
$ 500
 4. Premium processing fee (optional)        $1,225

 5. Additional Fee                                    $ 2,000
(From Aug. 14, 2010 to Sept. 30, 2015, additional fee apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:
• Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or
• To obtain authorization for an alien having such status to change employers.
)

 
H-1B Visa in Consulate
 
Nonimmigrant Visa Application       $ 150

Premium processing fee (optional) $1,225

Ask for Attorney Service
Service Details

1.       Provide H-1B visa questionnaires for alien beneficiary and U.S. employer
2.       Full review of alien and employer’s circumstances
3.       Confirmation that the H-1B petition is appropriate for you
4.       Obtain the prevailing wage for your job position from DOL
5.       Obtain the certified LCA from DOL
6.       Prepare USCIS forms
7.       Compose the employer instruction letter about H-1B process and filing fee
8.       Compose the letter in support of H-1B petition to be signed by the employer
9.       File petition with USCIS
10.   Prepare Consulate forms
11.   Prepare the employment letter and cover letter
12.   Prepare interview document checklist and FAQ
13.   Make the appointment with consulate
14.   Visa Fee Payment Instruction
15.   Provide application Instruction, including visa application procedure, visa fee payment instruction, photo requirement, materials preparation, consulate address, fingerprint instruction, visa insurance notice
16.   Assist client in response to Request for Evidence, if any.

 

Service Fee

$1,500(USCIS initial filing/extension/transfer)
NOTE
This service fee is the basic reference price, which may be adjusted case by case.

Payment Methods
  • Wire Transfer
  • Check
  • Credit Card
Free Consultation

Free Consultation will provide the clients with answers to general questions, for example, what is the priority date of EB-3 Free Consultation should NEITHER be regarded as legal advice nor analysis on certain cases NOR confirmation of attorney-client relationship. If you need legal advice or analysis on your case, please choose the Attorney Consultation service.

Attorney Consultation

$300 per hour(charging by hours includes time consumed by reviewing relevant documents, starting charge from an hour).