J. Molina Law Firm

How To File an H-1B Visa, and Other Considerations

Our previous article explained that an H-1B Visa is among the most popular work visas in the United States. H-1B visas are reserved for individuals who serve in a specialty occupation, provide services to the Department of Defense, or work as a fashion model of distinguished merit.

What Do You Need to Petition an Employee With the H-1B Visa?

To petition for an H1-B visa, employers must file Form I-129, along with a contract and work schedule. Also, a copy of a certified Labor Condition Application (LCA) needs to be submitted with Form I-129.

Documents to Support the Petition for H-1B Visa:

  1. Proof that the beneficiary is qualified for the job requested. Some supporting documents may include, but are not limited to, a bachelor’s degree, evidence of experience, written contracts, or affidavits of experts. An education evaluation may be needed where credentials were obtained abroad or an evaluation of experience and education.
  2. Evaluations.
  3. License, temporary license, or, if the beneficiary is not in possession of any license, an evaluation to determine if they are authorized to perform work under the state lawfully.

There Are 3 Sets of Fees for the H-1B Visa:

  • Standard I-129 petition fee and additional fees at the consulate if the employee is abroad.
  • A fee of $1,500 unless the employer has 25 full-time equivalent employees or less, then the fee is $750.
  • A fee of $500 fraud prevention and detection fee.

How Do People Register for the H-1B Visa?

Around the first week of March, USCIS launches the H-1B registration process each year. First, the petitioner and beneficiary must create a USCIS online account. To submit the registration correctly, the petitioner must create a “registrant” account by selecting the “I am an H-1B registrant” account type option.

When handling the process for a beneficiary (also known as representative), the petitioner will go over the corporate information that the beneficiary enters and pay a non-refundable $10 registration fee. If the foreign worker is selected, the company receives a USCIS account notification email after the H-1B registration ends. The employer has 90 days to file the H-1B petition with USCIS.

Other conditions can be considered when it comes to this application’s fees and changes during the work visa application process. The best way to assess your case and petition an employee is with an expert immigration attorney – call us at (469) 708-5800 or email us at info@jmolinalawfirm.com.

J. Molina Law Firm strives to complete our clients’ immigration needs swiftly and with expertise. Schedule your confidential consultation today!

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