J. Molina Law Firm PLLC

How To File an H-1B Visa, and other considerations

In our previous article we explained that an H-1B Visa is one the most popular work visa in the United States. H-1B visas are reserved for individuals who will either perform services in a specialty occupation, provide services to 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 beneficiary is qualified for the job requested. Some documents to support may be, but are not limited to, a bachelor’s degree, evidence of experience, or written contracts, or affidavits of experts. An education evaluation may be needed evaluation where credentials were obtained abroad or 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 fully perform work under state law.

There are 3 sets of fees for the H-1B Visa:

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

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

Each year, around the first week of March, USCIS launches the H-1B registration process. First, both the petitioner and beneficiary need to create a USCIS online account. To submit the registration properly, 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 then has 90 days to file the H-1B petition with USCIS.

Other conditions can be considered when it comes to this application’s fees, as well as changes during the work visa application process. The best way to assess your case and petition an employee is together 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!