h 1b who hires the lawyer

Do I need an immigration attorney for a H1B?

Employees seeking out an H-1B lawyer are often under the impression they can obtain an H-1B visa without the employer’s involvement. This is a mistaken belief. The employer is the principal client in an H-1B case. The employer must provide most of …

How much does it cost to transfer H1B visa?

Answer (1 of 2): Either party can choose and hire the attorney. However, the Dept. of Labor requires that legal fees for the attorney are be paid by the employer. If the employee pays the attorney fees, it means the employer has effectively lowered the employee’s wages. If this lowering of wages...

How to get a H1B?

Nov 16, 2021 · We can help you present the strongest possible case to USCIS, thereby maximizing your likelihood of success. With our attorney by your side, you can navigate this process with efficiency and confidence. Request your free initial consultation by calling 1 (917) 338-7678 or sending us an online message today. Categories.

Is Airbnb legal on H-1B?

Home / Services / H-1B Visa Lawyers. H-1B visas are a specific type of visa used by employers looking to hire foreign professionals as employees in specialty occupations or as fashion models who have distinguished ability and merit. At Consumer Law Group, our team of highly-trained H-1B lawyers can help you apply for and obtain an H-1B visa.

Should I hire a lawyer for H-1B?

How much do lawyers charge for H-1B?

Who pays for H-1B legal fees?

Can I become a lawyer on H-1B?

Can any company sponsor H-1B?

Who pays for Green Card employer or employee?

How much do employers pay for H-1B?

How much does it cost an employer to sponsor H-1B?

Can employer ask for H-1B fees?

Is H1B visa lottery?

Will there be lottery for H-1B 2022?

What is consumer law group?

Consumer Law Group is composed of highly-trained immigration lawyers that can help with a wide range of visa cases. No matter what type of visa you’re applying for, our team has the experience to guide you through the process efficiently.

How much is ACWIA owed?

If your employer employs 26 or more full-time employees in the U.S., then the $1,500 ACWIA fee is owed.

How much does it cost to file an I-129?

The filing fee for Form I-129, Petition for a Nonimmigrant Worker, is $460. In addition to the petition fee, there’s a $500 Fraud Detection and Prevention Fee, and either a $750 or $1,500 American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee. The ACWIA fee goes as follows:

Can an employer pay for ACWIA?

In some cases, depending on the type of organization, an employer might not owe the ACWIA fee. The employer or the employee can pay the petition fee and fraud fee. However, the employer is responsible for the ACWIA fee.

How to apply for H1B visa?

An immigration attorney who is experienced with H1B visas can be helpful in several ways: 1 Advising the sponsor and worker on the overall process and timeline 2 Managing expectations for selection in the lottery 3 Obtaining the most current prevailing wage for the job and location, and completing the Labor Conditions Application accurately 4 Completing the petition along with all supporting documents 5 Filing the petition with the USCIS 6 Responding to any Requests for Evidence from the USCIS 7 Following up on lottery results and petition review

Does an immigration attorney increase your chances of getting a job?

Note: using an immigration attorney will not improve your chances of being selected in the lottery for jobs subject to the annual cap.

Can a sponsor file an H1B petition?

The short answer is no, since technically your sponsor will be taking care of the petition and application process. However, in some cases it could be helpful for both the foreign worker and sponsor to have legal assistance to prepare and file the H1B visa petition.

What is an H1B consultant?

The H-1B specialty occupation of IT Consultant is one that can present unique problems for H-1B employers, as H-1B employees typically work extensively at client sites. A new H-1B must be filed with USCIS prior to making any material changes in the terms of an H-1B worker’s employment (i.e., changes in work location that would require a new LCA). However, a close examination of the H-1B job, especially in the case of H-1B consultants, is recommended when determining the steps required for maintaining H1B visa and LCA compliance.

What is the H1B sponsoring company?

The H-1B employer (the H-1B sponsoring company) has specific obligations with regards to roving H-1B employees, such as IT Consultants. Namely, the employer must retain the right to control the roving H-1B employee, ensure and document that the H-1B employee is maintaining lawful H1B visa status, and ensure the H-1B employee has actual work to perform (the employment cannot be speculative).

What is the information and documentation requested in each H-1B RFE?

The information and documentation requested in each H-1B RFE is based on the specific evidentiary deficiencies of the petition submitted. The initial evidence an H-1B petition should contain must prove the following to the USCIS:

How long does it take for an H1B to be approved?

The USCIS will temporarily approve H1B status, without the required license, for a period of one year. The one-year validity period allows the H-1B employee time to obtain the required license but does not entitle the H-1B employee to work in the profession without licensure. It is necessary for the H-1B employee to obtain the necessary license prior to working in the profession. A few examples of specialty occupations that may require a license are physical therapist, medical technician, pharmacist, teacher, and attorney.

What is the H1B form?

Under the H1B program, employers have specific obligations related to the employment of H1B workers, many of which the employer consents to through the mandatory filing of a Labor Condition Application (Form ETA 9035) with the U.S. Department of Labor. Among other commitments assumed in the Labor Condition Application, the employer agrees to:

How many H1B visas are there?

The number of new H1B visas available each fiscal year is capped at 65,000, with an additional 20,000 H1B visas available for foreign nationals with a Master’s degree or higher from a U.S. institution. Foreign nationals working in the H1B status for institutions of higher learning, affiliated research organizations, non-profit research organizations and governmental research organizations are exempt from the annual cap. The USCIS begins accepting petitions for H1B visas each year on April 1st and continues to accept petitions until the fiscal year cap has been exhausted.

What degree do you need to be an H1B?

Specialty occupations are statutorily defined as those that require theoretical and practical application of a body of highly specialized knowledge and the 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 U.S. Accordingly, an H1B worker must possess at least a Bachelor’s degree, or the equivalent education and work experience, and be employed in an occupation that requires a Bachelor’s or higher degree.

What is the 114-113 fee?

Public Law 114-113 Fee, as required for employers that have 50 or more employees in the U.S., more than 50% of whom are in the U.S. in H-1B or L status ($4,000 as of 2021).

Do foreign workers need a copy of their education?

Copies of the foreign worker's educational degrees and transcripts. If the degree and transcript are from another country, include a U.S. equivalency evaluation report.

Can an F-1 worker work for you?

If the worker is currently in F-1 student status, he or she already might be authorized to work for you based upon student work authorization called Optional Practical Training (OPT). For more information, see Understanding the H-1B and OPT "Cap Gap" Extension for Foreign Students.