how to get a lawyer to sponcer you a h1b visa

by Emelie Aufderhar 5 min read

When the potential H-1B holder finds a U.S. employer who is eligible and willing to file an H-1B visa on his/her behalf, the employer must receive a labor certification application and submit an H-1B petition to the USCIS. If the petitioner is obtaining attorney representation or H-1B lawyer, the petitioner must file a G-28 form.

Full Answer

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

A good H1B visa attorney prepares the letters and forms necessary to obtain the H1B visa for their client communicates with the client and his/her employer throughout the process. It is necessary therefore that you have a talk with your prospective H1B …

Can a prospective employer sponsor an H-1B visa?

Attorney’s fees: $1,995 ($2,395 if work location is at an End- client site) USCIS Fee: $460 to $2,460. Processing Time: 15 to 150 days. USCIS Fees: $460 for the USCIS I-129 Petition. $1,500 for the h1b visa USCIS “Education and Training Fee” (if employer has 25 or more full time employees). $750 for employers with fewer than 25 full time ...

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

Oct 26, 2020 · H1B sponsorship is an important method whereby companies bring foreign-born professionals to the United States to work temporarily. The employer is responsible for filing the H1B visa petition with the U.S. Immigration Department. Thereafter, if the individual is approved, the employer is responsible for providing the employee with all of the ...

How to apply for an H-1B visa as a student?

Oct 31, 2020 · H1b lawyers respond to requests from USCIS on your behalf. They are the best people to do this. They will file and complete the petition for you because they’re familiar with the process. H1b lawyers can obtain intricate details about the job, such as expected wages, location, and benefits. They follow up on results and reviews of petitions already made. When Do You …

How much does an immigration lawyer cost for H-1B?

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 a law firm sponsor H-1B?

For lawyers new to the Firm, the Firm will help them secure H-1B visas as well, but new lawyers need to be aware that these efforts may not succeed due to government constraints and new lawyers remain responsible for maintaining their own authority to work in the United States.

How can I get sponsor for H-1B visa?

Here are the top 6 ways to find an H1B visa sponsor for 2022 so that you can file your petition:Look for a Job in the H1B Visa Sponsors Database.Apply for the Job and Get an Offer.Find an Internship.Look for Boutique Consulting Companies.Look for Global Consulting Companies.Find a Job at a US University.Mar 24, 2022

Should I hire a lawyer for H-1B?

A frequent question that comes up for foreign nationals that want to apply for an H1B visa position in the US is whether an immigration attorney is necessary. The short answer is no, since technically your sponsor will be taking care of the petition and application process.Jan 8, 2018

Do law firms sponsor?

While partners sometimes are mentors, sometimes are sponsors, and sometimes are both, there is an inherent tension between the roles of mentor and sponsor, especially in a law firm.Oct 30, 2019

Does big law sponsor green card?

If you're doing IP, most BigLaw (even MidLaw/boutique) will sponsor for you simply because demand is so high.Aug 4, 2013

How much does it cost for a company to sponsor H1B?

Sponsoring a nonimmigrant employee for the H-1B can cost anywhere between $1,250 to $4,500 in filing fees alone, not including fees paid to attorneys to facilitate the process.Oct 15, 2020

Does government jobs sponsor H1B?

Governmentjobs.Com, Inc., Jobs & Salary for Foreign Workers | myvisajobs.com. Governmentjobs.Com, Inc. has filed 49 labor condition applications for H1B visa and 0 labor certifications for green card from fiscal year 2019 to 2021. Governmentjobs.Com was ranked 5008 among all visa sponsors.

How do I ask a company to sponsor my visa?

Our Tips for Asking Sponsorship Related Questions During an InterviewWill I be expected to cover any of the processing fees for the H-1B visa?Will your company hire a lawyer to help with the process?Will your company help obtain visas for my family members as well?Will your company cover my travel expenses?Sep 1, 2021

Can you apply H1B yourself?

Self-sponsored Visa for Skilled Investors 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).

Can you file H1B by yourself?

You cannot apply for H1B Visa yourself as an individual. Only a company that has US operations and registered in the US can sponsor you an H1B visa.

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

What happens if a visa is denied?

If for some reason the petition is denied, the sponsor has the entire application fee returned, so their only out-of-pocket cost would be the attorney. But, if approved, the incremental amount of paying an attorney one time for the visa would be easily offset by the value of a skilled foreign worker for three years.

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 companies sponsor H1B?

There are many, many companies in the U.S. that off H1B sponsorship. These companies exist in all fields and offer some of the best employment opportunities for H1B visa holders in the U.S. Some of the largest, most lucrative companies offering H1B sponsorship include: 1 Amazon 2 Google 3 Microsoft 4 Salesforce 5 Facebook

Is paying for an H1B visa a crime?

This is a big problem because paying for an H1B visa is considered a crime in the United States. If you decide to pay for an H1B visa, this year’s new regulations and laws can really come back to haunt you. You also never know whether what they’re saying is true or not, so we recommend you be very careful.

What employers are exempt from H1B?

The following employers are exempt from the h1b visa USCIS Education and Training Fee: 1. Institutions of higher education and related or affiliated non-profit organizations; 2. Non-profit and governmental research organizations; 3.

What is an employer in education?

Employer is an institution of higher education (College or University). Employer is a nonprofit organization or entity related to or affiliated with an institution of higher education (Examples: Hospitals, Public School Systems.). Employer is a nonprofit research organization or a governmental research organization.

What is dual intent?

The Dual Intent Doctrine states that certain visas allow non-citizens to remain in the United States even if the non-citizen has intent to remain in the United States. Generally, an H1B visa holder agrees to return home after the H1B expires. Therefore, he agrees to live in the U.S. temporarily until the visa expires. However, under the dual intent doctrine, the H1B visa holder can also apply for citizenship; therefore, he doesn’t have the intent to return home but rather become a permanent citizen of the U.S. For example, take an H1B visa holder who is temporarily living in the United States on his H1B. However, let’s assume that he has a family member who is applying for an immigrant visa petition on his behalf. In this case, the dual intent doctrine would apply.

How long can an H1B visa be valid?

Under the H1B visa, you can also apply for permanent citizenship under the Dual Intent Doctrine. H1B visa holders can remain in the U.S. for up to 3 years, with extensions generally being granted after that period of time is over.

What is the H1B cap?

The H1B cap is an annual number of visas the U.S. government will issue. Currently, the cap is set at 65,000 plus an additional 20,000 ADE quota. Notably, the cap does not apply to H1B transfers or cap- exempt positions. Some of the positions exempt from the H1B cap include those employed at a nonprofit research company, university, or government entity.

What is H1B sponsorship?

H1B sponsorship is an important method whereby companies bring foreign-born professionals to the United States to work temporarily. The employer is responsible for filing the H1B visa petition with the U.S. Immigration Department. Thereafter, if the individual is approved, the employer is responsible for providing the employee with all ...

What are the benefits of H1B visa?

There are many benefits of having an H1B Visa as well as being an employer who sponsors H1B visas, including the following: 1 For those employers who are unable to find qualified professionals in the U.S. in their respective area, those companies can find and sponsor non-citizens to work for them. 2 Hiring H1B employees can increase your global footprint by hiring people abroad who have additional knowledge in a specific field or the ability to speak other languages. 3 H1B visa holders can work for more than one employer; they just have to obtain H1B visas for each employer, which isn’t generally that hard to do as long as the employer is willing to sponsor the employee. 4 H1B visa holders can bring spouses and dependent children to the United States under the H4 visa. Such H4 holders can also obtain employment in the United States after certain documentation is filed. In addition, H4 holders will remain in the U.S. for as long as the H1B visa holder remains in the country. 5 Under the H1B visa, you can also apply for permanent citizenship under the Dual Intent Doctrine. 6 H1B visa holders can remain in the U.S. for up to 3 years, with extensions generally being granted after that period of time is over.

How long does it take to get an H1B sponsorship?

The premium processing method is quicker taking around 15 days, but costs more. The regular processing method can take up to six months. Other items regarding the H1B sponsorship include: The employer can be an individual, partnership, or corporation. The application must be specific to a particular job.

How long can I work with an H1B visa?

Generally, someone can work in the U.S. for six years with an H1B; however, an extension can be granted in certain circumstances. A petition won’t be granted for more than three years. If the H1B visa holder’s employment is to be extended, an extension of the visa can be granted.

What Does An H1b Lawyer Do?

A lawyer who is experienced in the H1b visa program is extremely helpful. H1b visa lawyers can be the difference between getting the visa and being denied entry altogether.

When Do You Need an H1b Visa Lawyer?

When you’re applying for an entry-level job- Entry-level jobs are much harder to get, especially for immigrants. This is because there are already many citizens competing for the same jobs. H1b lawyers can help you overcome this hurdle.

Looking to Get the Best H1b Lawyer?

Do your research to locate a firm that is committed to seeing people thriving in the best work environment. Read reviews of the law firm and seek data such as how many cases they’ve won and what types of visa cases they’ve handled.

How long is an H1B visa valid?

The H1B is valid for up to three years, but one can extend the Visa up to six years. Based on your employment type specification, you can extend your H1B visa for even longer than 6 years in certain circumstances. Your organization or employer will take certain actions to make sure that you can extend the Visa for longer.

How long can an employee stay on an H1B visa?

However, it is possible for an employee to receive an extension of their status beyond six years , if they are in the process of obtaining employment-based permanent residence. Additionally, H1B visas are capped at a certain level. That means that the government may only issue a certain amount of them every year.

How long can a non-citizen stay in the US?

An H1B visa allows a foreign national to remain in the United States for no more than six years. However, it is possible for an employee to receive an extension of their status beyond six years , if they are in the process of obtaining employment-based permanent residence. Additionally, H1B visas are capped at a certain level. That means that the government may only issue a certain amount of them every year. Currently, the government may not issue more than 85,000 H1B visas per year.

Can H1B visa holders work?

Qualifying family members include spouse and children, and they can arrive under an H4 Visa category. However, the children must be unmarried and under the age of 21. Moreover H4 visa holders may not work during the duration of their stay in the United States.

How long can a nonimmigrant work in the US?

A nonimmigrant worker that receives an H-1B visa can work in the U.S. for up to three years on an initial grant of status. The employer has the ability to extend the status of that worker for only an additional three years, unless the employer seeks an employment-based green card for that worker while they’re in the U.S. on their H-1B visa.

Where do I get an I-797?

Employers will receive a Form I-797 Notice of Action if the petition is approved. The nonimmigrant worker will take a copy of the completed petition with all its forms and apply for their visa with the Department of State. They can do this at a consulate within their home country or at a U.S. embassy.

How long does it take to file a LCA?

This must occur at least 30 days before the date that the Labor Condition Application (LCA) is filed with the Department of Labor. In the LCA, the employer must confirm the following: The nonimmigrant worker will receive the same, or an amount equal to the pay and benefits of U.S. workers in that type of position.

When did Trump suspend H-1B workers?

Before we go further, an important note: President Trump issued a proclamation in June 2020 that suspended the entry of many H, J, and L temporary workers into the U.S., specifically including H-1B workers. In October 2020, U.S. District Judge Jeffrey S. White halted the implementation of the proclamation with a preliminary injunction ...

Can non-immigrant workers be sponsored?

Nonimmigrant workers can typically be sponsored for a limited time by an employer through the H-1B visa program, issued under the Immigration and Nationality Act. Though the program provides benefits for both parties, employers should review and consider the program’s terms and conditions before beginning the application process.

Who is the judge for the 2020 Proclamation?

In October 2020, U.S. District Judge Jeffrey S. White halted the implementation of the proclamation with a preliminary injunction and issued an order to resume processing petitions for all of the covered nonimmigrant visa categories.

Is a new hire affected by LCA?

Working employees will not be affected by the new hire. There has not been, or will not be, a controversy regarding labor conditions or pay at the time of hiring. The LCA is reviewed within about a week of submission to ensure it was filled out completely and accurately.

How to determine prevailing wage?

The prevailing and actual wages should be confirmed by the State Employment Security Agency. If the prevailing wage exceeds the offer made by the prospective employer then a wage determination will be sought. It’s important to ensure that the foreign worker will not be working below the minimum. The prevailing wage in a specific location. The Foreign Labor Certification Data Center maintains the prevailing wage determinations by location. The prevailing appropriate wage for H-1B visa applications can be determined using any of these three sources: 1 A Prevailing Wage Determination obtained from the National Prevailing Wage and Center (NPWC). 2 A survey conducted by an independent authoritative source. 3 Another legitimate source of wage information.

What is the I-129 form?

Once the LCA process has been completed, the employer can proceed to submit the H-1B petition by filing the I-129. Form I-129 is officially known as the Petition for Nonimmigrant Worker. The employer must be sure to include the employment letter with the position’s exact duties, dates of employment, detailed description, salary offered, position requirements, contact information, etc.

What is the purpose of prevailing wage?

The purpose of the prevailing wage is to ensure that the foreign worker is not underpaid compared to other workers offering the same or similar service in the same area of employment.

What is the masters quota?

To be eligible for the master’s quota (advanced-degree exemption ) there are a number of requirements you must first meet. You must have received your master’s degree from an accredited U.S. based institution. The institution also has to be public or non-profit in nature as well as accredited by a national accrediting agency. It’s best to not assume that your U.S. institution is automatically accredited because that’s not always the case.