H-1B Visa

In order to obtain an H-1B visa, the following are required:

1. Specialty Occupation — The position must require a bachelor's degree or higher in a specific field of study.

2. Qualified Employee — The foreign national must possess at least a bachelor's degree or equivalent experience in the relevant field.

3. Employer Sponsorship — A U.S. employer must file a petition on behalf of the employee.

4. Prevailing Wage — The employer must agree to pay the prevailing wage for the position in the geographic area.

5. LCA Certification — The employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor.

6. Cap Compliance — For cap-subject petitions, the application must be selected in the annual H-1B lottery.

7. Biographical Information — Complete biographical information and supporting documentation for the applicant and any dependents.

1. Work Authorization — H-1B visa holders are authorized to work legally in the United States for the sponsoring employer.

2. Duration — Initially granted for up to 3 years, extendable to a maximum of 6 years.

3. Dual Intent — The H-1B visa permits immigrant intent, allowing holders to pursue a green card while maintaining H-1B status.

4. Family — Spouses and unmarried children under 21 may accompany the holder on H-4 dependent visas. H-4 spouses may be eligible for work authorization in certain circumstances.

5. Travel — H-1B holders may travel freely in and out of the U.S. during the validity period.

6. Transferability — H-1B status may be transferred to a new employer through a new petition.

7. Premium Processing — Available for faster processing (15 calendar days) for an additional fee.

The H-1B visa process varies depending on whether the petition is cap-subject or cap-exempt.

Cap-Subject H-1B:

1. LCA Filing — The employer files a Labor Condition Application with the Department of Labor (7-10 days processing).

2. H-1B Registration — In March, employers register for the H-1B lottery electronically.

3. Lottery Selection — USCIS conducts the random selection process. Selected registrations may file petitions.

4. Petition Preparation — Preparation and filing of Form I-129 with supporting documentation.

5. USCIS Processing — Standard processing takes 2-6 months. Premium processing is available for 15-day adjudication.

6. Approval & Visa Stamping — Upon approval, the beneficiary may apply for the H-1B visa stamp at a U.S. consulate abroad or adjust status if already in the U.S.

Cap-Exempt H-1B:

Petitions filed by institutions of higher education, nonprofit research organizations, or government research organizations are exempt from the cap and may be filed at any time without lottery selection.

Base Filing Fee: $460 (Form I-129)

Fraud Prevention Fee: $500

ACWIA Training Fee: $750 (1-25 employees) or $1,500 (26+ employees)

Premium Processing (optional): $2,805 for 15-calendar-day processing

Public Law 114-113 Fee: $4,000 (for employers with 50+ employees where more than 50% are H-1B or L-1 status holders)

Consular Processing Fee: $190 (MRV fee) if applying for a visa stamp abroad

Our attorneys work with each applicant to submit the most complete and thorough petition, emphasizing the applicant's education, qualifications, and experience.