H-1B PROFESSIONAL EMPLOYEE VISA

The H-1B, which is one of the most popular types of work visas, allows foreign nationals to enter the United States to perform a “specialty occupation”. A “specialty occupation” is one that requires at minimum, a bachelor’s degree, a foreign equivalent, or a combination of experience and education that is equivalent to a bachelor’s level.

REQUIREMENTSH-1B Professional Employee Visa

To qualify for an H-1B visa, you must:


RELATED DEGREE

The position being filled by the foreign national must be one that requires, at minimum, a bachelor’s degree in a field related to the position.


LIMITED NUMBER

There are only 65,000 new H-1B applications accepted every fiscal year, and 20,000 of those are reserved for applicants with a Master’s degree from a U.S. institution.


REGISTRATION

Registration to apply for these opens in March, and if more than 65,000 registrations are received, a lottery is held to determine who can submit applications.

PROCESS & TIMELINE

OVERVIEW

On average, it takes 2 – 4 weeks for Bay Immigration Law to prepare an I-129 H-1B case to file with United States Citizenship and Immigration Services, depending on how fast we receive documents. In general, the process is as follows:

INTRODUCTION

We have an introductory phone call and go over your plans, requirements, and the documentation/ information that will be necessary to proceed. We will then send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.

Once the Engagement Letter has been returned to us, we will send a questionnaire and make a formal request for documents and information to begin preparation of the case.

For all cases, we will need the following:

  • Date the company or organization was established
  • IRS identification number
  • The total number of US employees
  • Net and gross profit
  • Job title and a detailed description of the proposed job duties
  • Salary
  • Description of Benefits
  • Name and title of the signatory
  • Information regarding the employer and the types of services it provides

REVIEW

Once we receive the completed questionnaires and documents, we will draft the LCA and other forms and send them to your employer for their review and signature.

ON COMPLETION

Once the signed forms are returned them to us, we will assemble and file the petition with USCIS. You will receive the receipt notices from USCIS through the mail, and depending on the case, could receive approval in as little as 15 days.

Contact

MAIN OFFICE
125 University Avenue, Suite 185, Palo Alto, CA, USA, 94301
E-MAIL
info@bayimmigrationlaw.com
TELEPHONE
+1 (650) 739-9111

FAQ

How long does it take for an H-1B to be approved?

If filed via Premium Processing, case decisions take 15 days from filing.

When can I start working after filing the H-1B?

If you already hold H-1B status and a change of employer, you can begin working for the new employer the day the petition is received by USCIS.

Can I travel after filing the H-1B?

As long as you have a valid H-1B visa with which to re-enter the United States, international travel should be fine. If you do not have a visa, it is not recommended as it can be difficult to obtain a visa interview with a pending case at USCIS.

How long is the H-1B valid for?

H-1B petitions can be approved in 3-year increments, up to a 6-year maximum. However, you can apply for extensions beyond the 6-year maximum if you have an approved I-140 but are not current to file for Adjustment of Status.

Can my dependents join me in H-1B?

Yes, your spouse and children under the age of 18 can join in H-4 status.

125 University, Suites 185 - 200, Palo Alto, CA 94301
+1 (650) 739-9111
info@bayimmigrationlaw.com

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