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. The above is intended only as general information, and does not constitute legal advice.
Full Answer
Mar 30, 2010 · Also, use of such a document may result in the loss of the client’s chance at a slot in the U.S. master’s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing. More tips in later posts, good luck filing the H1’s tomorrow.
If the petitioner is obtaining attorney representation or H-1B lawyer, the petitioner must file a G-28 form. The G-28 should have all sections of the form completed. This entails a signature and printed name of the attorney and the signature of the petitioner. The U.S. employer is required to submit Form ETA-9035 (Labor Condition Application). The Labor Condition Application is …
Jan 08, 2018 · 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. If you do want to use an attorney and your sponsor agrees, then you should know that the attorney’s fees are one cost that the sponsor is not required to pay for (but they may).
A highly-qualified Priori immigration lawyer can assist you in navigating the H1B visa application process. Pricing While costs may vary depending on your employee’s current situation, submitting an H1B visa application with a Priori attorney typically costs between $1,750 and $2,500 in addition to the related filing fees or document translation services.
Case Type | USCIS Fees | Initial Attorney Fee |
---|---|---|
H1B (new) | $460 + $1,500* + $500 (if applicable) | Contact Us |
Complex H1B | $460 + $1,500* + $500 (if applicable) | Contact Us |
H1B (transfer, extension, amendment) | $460 + $1,500* + $500 (if applicable) | $1,400 |
H-4 dependent (with H1B) | $370 | $400 |
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
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.
Note: using an immigration attorney will not improve your chances of being selected in the lottery for jobs subject to the annual cap.
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.
While costs may vary depending on your employee’s current situation, submitting an H1B visa application with a Priori attorney typically costs between $1,750 and $2,500 in addition to the related filing fees or document translation services. Your attorney will advise you about any documentation you will need to provide, draft templates and revise required letters, prepare all supporting documents, and finally submit the completed H1B visa petition.
However, 6,800 of these H1B visas are earmarked under agreements with Chile and Singapore. The remaining 58,200 H1B visas are awarded by random lottery. It is not uncommon for USCIS to receive three times as many applications as there are H1B visas.
As with any quota-based visa, timing your H1B visa application is of the utmost importance. The USCIS begins accepting applications under the new quota on April 1 of each year. It is best to time your application so that it arrives on exactly that day or soon after. Although your application may be submitted no earlier than six months ahead of your anticipated start date (no earlier than April 1 for an October 1 start date, for example), you will need to file early enough to allow for the processing of your H1B visa.
If you file Form I-907 together with a filing fee of $1,225, you will receive a response within 15 calendar days. If your application is denied, you may file an appeal or a Motion to Re-open within 30 days after the date of the denial. Processing times vary widely for appeals and Motions to Re-open, and oftentimes a better option is to try again the next year with the same H1B visa application.
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 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.
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.