how to apply for h1b without a lawyer

Do I need a lawyer to apply for an H1B visa?

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.

How to apply for H1B registration through a representative?

A: Prospective petitioners (registrants) must create registrant accounts for H-1B registration and, if submitting registrations through a representative, are required to enter the case access passcode received from their representatives to connect the accounts and submit the registrations.

How much does it cost to hire an attorney for H-1B?

H-1B Attorney Fee We charge a flat H-1B visa attorney fee of $2,100, which includes shipping and incidentals but does not include RFE responses, if applicable. In addition, you are responsible for the USCIS filing fees associated with your case.

What happens if you do not file an H-1B petition?

A: Since no H-1B petition will be filed, there will be no paper file in which USCIS can pair the notification with the registration. USCIS suggests that the employer retain documentation evidencing the reason for non-filing and present it to USCIS if questioned.

Can I apply for H1B without a lawyer?

Even the sponsor does not technically have to hire an attorney and may file the visa without one. However, due to the complexity of the process and administrative changes, as a sponsor, it is advisable to hire an attorney, especially for first-time sponsors unfamiliar with the process.

Can I directly apply for H-1B visa on my own?

If I would like to work in the US, can I apply for an H-1B visa by myself? No, this is not possible. To apply for this visa, you must have a job offer from a U.S. company or organization.

Can I self petition for H1B?

The H1B Visa requires the sponsorship of a U.S. Company. However, after years of uncertainty, the USCIS now accepts H1B petitions filed by a U.S. Company formed and owned by the Visa beneficiary (self-sponsorship). This kind of sub-category is also called “H-1B Visa for Entrepreneurs“.

How much do lawyers charge for H1B?

Attorney FeesCase TypeUSCIS FeesInitial Attorney FeeH1B (new)$460 + $1,500* + $500 (if applicable)Contact UsComplex H1B$460 + $1,500* + $500 (if applicable)Contact UsH1B (transfer, extension, amendment)$460 + $1,500* + $500 (if applicable)$1,400H-4 dependent (with H1B)$370$400

Can I get a H-1B visa without a sponsor?

One of the questions we receive the most during this time of year is, “Can I apply for an H-1B visa without a sponsor?” The short answer is no. The reason is that an H-1B visa petition always requires an American company, called a Petitioner, to file the visa.

What is the minimum H1B salary?

$60,000For the $60,000 wage to be determined, the nonimmigrant has to receive an annual salary or hourly wages that in total make at least $60,000, whether the worker has a full-time or part-time job. At the same time, the salary has to be paid “cash in hand” and “free and clear”, as well as paid when due.

Who can sponsor me for H-1B visa?

H1B Sponsorship Companies Anyone with a bachelor's degree (or higher degree) is eligible to apply for an H-1B visa. This visa will allow people from different countries to work in the U.S. for three to six years.

Can any company sponsor H1B?

Any US employer can sponsor an H-1B petition, provided it has an IRS Tax Number, also known as an IRS Number or Tax ID Number. This number is needed for obtaining approval of the Labor Condition Application (LCA), which is an essential preliminary to the H-1B petition itself.

Can I sponsor myself in USA?

Typically, the only area where you can sponsor yourself is through employment-based immigration. Even then, you will most likely need an employer to sponsor you. However, there are a few exceptions that make it possible to sponsor yourself for a green card.

How much does it cost an employer to sponsor H1B?

How Much Will Sponsoring an H1-B Visa Cost an Employer? An H-1B Visa (or H-1B transfer) will cost you around $5000 (including government fees). Immigration lawyer fees should costs $2000 to $3000, while filing fees are around $3000.

How much does a US immigration lawyer cost?

An immigration lawyer charges between $150 and $300 per hour, with a typical 30-min consultation fee of $75 to $150. Legal assistance when filing basic immigration forms costs $250 to $800, while green card assistance runs from $800 to $5,000, plus the USCIS fees of $460 to $700.

How much does H1B cost employer?

To file an H1B petition using the I-129 form, the cost to the employer is $460. It is the employer's responsibility to pay the filing fee.

When is the H1B registration period for 2022?

The initial registration period for FY 2022 will open at noon Eastern Time (ET) on March 9 and run through noon ET on March 25. Both representatives and registrants must wait until March 9 to create and complete H-1B registrations.

How much is the H1B cap fee 2020?

Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first electronically register and then pay the associated $10 H-1B registration fee for each beneficiary.

What is an online USCIS account?

There are three types of USCIS online accounts: Applicant/petitioner/requestor account – Individuals use this type of account to prepare and file applications, petitions or other benefit requests. You cannot use this account type to prepare or submit H-1B registrations.

Can I file an H1B petition with USCIS?

A: Since no H-1B petition will be filed, there will be no paper file in which USCIS can pair the notification with the registration. USCIS suggests that the employer retain documentation evidencing the reason for non-filing and present it to USCIS if questioned. Q.

Do I need to file a G-28 with an I-129?

A: Yes. The attorney, however, would need to file a G-28 with the Form I-129 H -1B petition to authorize their representation . Note that even if the attorney submitted a G-28 to represent a client for the registration process, they would still need to submit a new G-28 with the I-129 petition. Q.

Do I need an email to register for H1B?

A: Yes, you will need to create a new account. The existing applicant account type will not work for H-1B electronic registration. You will need to use a new email address to set up the H-1B registrant account type. Q.

Do I need an online account for H1B?

A: Both the client and attorney will need a USCIS online account for the H-1B electronic registration process. If you are an attorney and already have an existing legal representative account, it will work with the H-1B electronic registration process.

H-1B Visa 2020 Quota Categories

The H-1B quota is the maximum number of petitions accepted within that category. There are three main categories within the H-1B visa season as the infographic illustrates:

H-1B Visa Application Process Filing Fees Explained

H-1B visa application process fees are typically all paid by the employer who is sponsoring the foreign worker. Below is a breakdown of the standard filing costs:

H-1B Application Process Steps

Before you can submit an H-1B visa petition and carry out the H-1B visa application process you must first find a sponsoring company or employer. If you’re currently in the United States as a student on an F1 visa, you should check with your employer as to whether or not they can sponsor you on an H-1B visa.

H-1B Change of Status or Consular Processing

If the beneficiary is in the United States on another valid nonimmigrant visa, he or she may decide to obtain their H-1B by changing their status or by undergoing consular processing.

H-1B Visa If You Live Outside the U.S

If you are applying for an H-1B visa outside the U.S., the only option you have is consular processing. Once the I-129 form has been approved, you will need to submit a nonimmigrant visa application at a U.S, embassy or consulate in your home country. This process involves certain documentation and a physical interview at the embassy or consulate.

How Our Immigration Attorneys Can Help

The H-1B visa application process can be tedious and must be approached with care. It’s best to avoid any errors or pitfalls that could lead to a denial or delay of your petition. This is why you need the service of an expert H-1B immigration lawyer to help you obtain your H-1B.

Who files H1B petition?

It is the employer, never the foreign national beneficiary, who files the H-1B petition. The "steps" and "procedure" are explained at the USCIS website. Your employer needs to look for and hire a lawyer. He/she can use the "find a lawyer" tap located right here on Avvo to find one.

Do I need a lawyer to file an H1B petition?

It is the employer, not the foreign national who files the H1b petition. There is no requirement to have a lawyer if you are able to do it without help.

H-1B Visa Process

Once the USCIS approves the H-1B petition filed by the employer, the foreign worker can then get the H-1B Visa stamped at a U.S. embassy abroad or change status if he/she is already present in the U.S. The H-1B visa is granted for an initial 3 years period unless listed as a Chile or Singapore national.

H-1B Visa Requirements

The job offered must be filed as a “specialty occupation.” A specialty occupation orders for a bachelor’s degree or an advanced level of education certification. There are distinct positions that may not mandate a bachelor’s degree due to the complexity or particular listed duties.

H-1B Cap

Every fiscal year, the H-1B visa is limited by an annual cap of 65,000 visas. However, there are some applicants that are exempt from the cap. Beneficiaries with a U.S. masters degree or higher are exempt from the cap if it is filed among the first 20,000 petitions available.

H-1B Period of Stay

As an H-1B non-immigrant worker, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under sections 104 (c) and 106 (a) of the American Competitiveness in the Twenty-First Century Act (AC21).

Why select our H-1B Visa Lawyers

Dedicated Immigration practice with specialization in business and employment immigration.

H-1B Attorney Fee

We charge a flat H-1B visa attorney fee of $2,100, which includes shipping and incidentals but does not include RFE responses, if applicable. In addition, you are responsible for the USCIS filing fees associated with your case.

What is the H1B lottery?

The H1B lottery is a computer-generated random selection process that the USCIS uses to randomly pick H1B visa applicants to approve. This process was put in place in response to the high number of H1B applications that were annually received that way surpassed the visa quotas.

Why is the H1B visa change?

The purpose of this change would be to ensure that only the best and brightest foreign nationals are included. This will at the same time protect U.S. workers by ensuring that H-1B workers are only a supplementary part of the workforce.

How many H1B visas are there in 2021?

For the H1B Visa Caps Fiscal Year 2021, the cap on the H1B regular pool was 65,000, and the cap for specifically Master’s candidates was 20,000. However, the USCIS received 94,213 petitions for the regular pool and 95,885 for Master’s candidates.

What happens if you lose your H1B visa?

Therefore, if they lose their job, they risk losing their visa status and having to return to their home country. Many visa holders are also stuck in the same job since new paperwork is required to change employers.

What are the changes to the H1B visa?

The first is possible deportation and the second is a sharp decline in H-1B visa approvals.

How long does it take to get a visa in the US?

This normally takes 2 to 3 days, but again varies based on the location.

Can I apply for H1B visa again after being deported?

If you are deported, your employer will be responsible for the costs of your return transportation unless you voluntarily left the company. In addition, if after your deportation, you become hired by a US company again, you can apply for an H1B visa again but will face the same application process as a new applicant.