USCIS reserves the right to conduct on-site inspections of an H-1B beneficiary’s workplace to ensure that the working conditions described in the H-1B petition that was filed are being adhered to. These visits are unannounced, and if the employer is found to be not in compliance, then the case may be referred to Immigration Customs […]
It’s not cheap! Each USCIS form has a filing fee attached to it. For an H-1B petition, Form I-129 is used (Petition for a Nonimmigrant Worker). The filing fee for the I-129 is $460. There is an additional fee of either $750 or $1500, depending on how many employees your new employer has on staff. […]
Your visa is only one of several “status documents” that describe your U.S. immigration status. If your visa is expired, it may mean you are out of status but it may not mean that at all. The document that actually controls your U.S. immigration status is not your visa, but rather, your I-94 entry record. […]
If you want to avoid having to go through the H-1B lottery, there are several types of
petitions that are not subject to the H-1B cap. The most common exemption is a petitioner
filing for an extension or an amendment of a beneficiaries current H-1B status. Employers can
also be exempt from the H-1B-Cap. Below are some examples of how beneficiaries and
employers can be exempt from the numerical limitation depending on the case.
There are several documents that are required of the H-1B beneficiary to file the petition. The required documents can be described in two ways; documents that prove the beneficiary is qualified for the position; and documents that prove that the beneficiary has maintained lawful status in the United States. The specific documents that are submitted will depend on the individual’s case, so be sure to talk to your attorney if you are unsure about which documents apply to you.
USCIS defines a specialty occupation as the “theoretical and practical application of a body of highly specialized knowledge” and “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 United States.” Basically, a specialty occupation position is one that requires a bachelor’s degree or equivalent work experience in order to complete the duties of the job.
The H-1B lottery is the method in which USCIS determines who can apply for an H-1B visa. USCIS limits the number of H-1B’s available each year to 65,000, but because the number of interested applicants usually exceeds the number of available visas, USCIS conducts a lottery to determine who can submit a petition. Employers looking to hire or keep a foreign national as an employee must register their applicants starting March 1st and by noon on March 18th.
If your spouse is approved for an H-1B visa, then you and your children will be eligible for an H-4 visa. If you are applying from outside the country, then you can apply for the H-4 visa with your spouse at the H-1B visa interview. You, and each person seeking H-4 status will each need to file a DS-160 online, bring your valid passports, two passport-style photos, and proof of your relationship to the H-1B beneficiary.
The fees paid by an employer depend on the case. Below is a chart that describes the various filing fees that may be required for each case, and who is responsible for paying the fee.
After an employer makes a job offer to a foreign national, the employer must register the employee for the H-1B lottery. If the employee is selected, the employer must submit a Labor Condition Application and then file Form I-129.
