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.
Full Answer
You cannot apply for an H1B visa as an individual. A U.S. employer has to sponsor your H1B visa. To sponsor you, the employer must: File a Labor Condition Application (LCA) with the U.S. Department of Labor File USCIS Form I-129, Petition for nonimmigrant worker with H supplement and supporting documentation and the approved LCA with the USCIS
Yes, of course you need to have client letter for h1b visa stamping. It is a mandatory and must documented for h1b visa stamping. There may be chances that the consulate officer does not ask for the client letter. But you should always have it.
Required H1B Visa Documents
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.
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
H1B Visa Interview DocumentsDS-160 Barcode Confirmation.The letter of the appointment schedule.Original H1B Visa approval notice (I-797 Form)The petition for a nonimmigrant worker (I-129)H classification supplement to form I-129.H-1B data collection and filing fee exemption supplement.More items...•
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.
March 1: H-1B registration period opens at noon Eastern. March 18: H-1B registration period closes at noon Eastern. March 31: Date by which USCIS intends to notify selected registrants.
H1B Dropbox Document ChecklistDropbox Appointment Confirmation Letter.DS-160 CEAC Confirmation Page.Passport Photo as per US Visa Photo specifications.All Original Passports with a previous US Visa ( if you have one, just carry that)Your previous US Visa that is valid or expired (it would be in your passport)More items...
-- For new H-1Bs only: a copy of an official diploma, OR an official letter of certification of award of degree from the registrar of the school conferring the degree, OR an official transcript clearly showing completion of degree.
It is not mandatory to submit a resume with an H-1B petition - depends upon the attorney who will prepare and file your H-1B. Some attorneys submit the beneficiary's resume along with the H-1B petition and some attorneys may prefer to...
Filing the petition in order to correct a USCIS error. Petitioner is a primary or secondary education institution. Petition is a non-profit entity that engages in an established curriculum-related clinical training of students registered at such an institution.
A copy of a foreign degree determined to be equivalent to the U.S. degree; or. Copies of evidence of education and experience which is equivalent to the required U.S. degree; A copy of any required license or other official permission to practice the occupation in the state of intended employment; and.
However, it is best to bring them when going for your H-1B visa if possible: A letter from your current employer, giving you an extension of employment. Copy of your resume. Description of your sponsoring employer.
An employer that is based in the United States must submit a registration on behalf of the immigrant worker during the month of March. If the registration is selected in the lottery, the employer then submits an H-1B petition to USCIS. The employer pays all of the relevant application fees.
The H-1B is a nonimmigrant (temporary) visa meant for foreign nationals with a job offer in a specialty occupation. To qualify for this visa, you will need to prove a few things: Additionally, if you are planning on submitting a cap-exempt position, then you will need to provide supplemental H1-B visa documents.
USCIS can take anywhere from a few weeks to a few months to process requests submitted for regular processing, while premium processing guarantees a response time of 15 business days.
Photograph – Take a photo that meets specific standards set by USCIS. This photo should generally meet the following specifications: square, color, and be a minimum size of 600×600 pixels and a maximum size of 1200×1200 pixels in a JPEG file format with a file size of fewer than 240 kilobytes.
The checks should be stapled at the bottom right corner of the first page. The USCIS does have a preferred order of documentation. If you are outside of the U.S. when you petition for your H-1B and not under any other nonimmigrant status, you may need to go through a consular interview before entering the country.
employer sponsorship, and public law. The checks should be stapled at the bottom right corner of the first page.
Federal H1B guidelines state that the petitioning employer must keep a public access file which is available for public inspection. This public access file must demonstrate that the petitioning employer is in compliance with the previously mentioned requirements.
The H1B process involves a “petitioner” and an “applicant.” The employing company will serve as the “petitioner” for the H1B worker or , “applicant.” The employer/petitioner is required to satisfy several criteria in addition to making certain attestations. Because of this, it is highly recommended for employers who are interested in sponsoring a foreign worker for an H1B to work with experienced legal counsel when submitting the petition. A licensed and qualified immigration attorney will help employers to understand their requirements and to avoid and potential noncompliance issues (including inadvertent actions) which have the potential to be met with penalties from USCIS.
Employers are required to attest that the hiring of an H1B worker will not in fact displace any U.S. worker for a same or similar position within 90 days before AND after filing the H1B petition.
An employer who is interested in sponsoring an H1B worker must also demonstrate an attempt to also recruit US workers while offering the prevailing wage for the position in question. These attempts are sometimes referred to as “good faith” attempts. Employers should remember that this component of the application process does require them to maintain some form of record in order to demonstrate compliance. Employers are encouraged to work with a legal professional to ensure that the records being kept will indeed hold up under scrutiny.
Companies with less than 25 employees are considered H1B dependent if they have more than seven H1B workers. Companies with 26 – 50 employees are considered to be H1B dependent if they have more than twelve H1B workers.
Workers who are maintaining H1B status are allowed to apply for a one-year or three-year extension once they have exhausted their six-year maximum. In order to be eligible for this, they will have to satisfy the following guidelines:
A licensed and qualified immigration attorney will help employers to understand their requirements and to avoid and potential noncompliance issues (including inadvertent actions) which have the potential to be met with penalties from USCIS.
The U.S. employer is required to submit Form ETA-9035 (Labor Condition Application). The Labor Condition Application is mandated to be filed online through the Department of State’s iCert Portal System. The employer must have received an approval of the Labor Condition Application before filing the I-129 form.
The employer must have received an approval of the Labor Condition Application before filing the I-129 form. After approval, the employer is obligated to file a Form I-129 (Petition for a Nonimmigrant Worker), filing fee, supplementary documentation, and the approved Labor Certification Application.
Another good reason for retaining immigration paperwork is that employers are under an ongoing responsibility to inform USCIS of any material changes to the terms and conditions of the foreign worker's employment. If there is a material change, the employer must file an amended petition with USCIS alerting it.
There are many reasons to retain immigration records. First, USCIS has a special office that investigates immigration fraud. This office sometimes conducts "site visits," where an officer visits the employer and asks to review any immigration petitions.
The employer must inform USCIS of the early termination, and should retain all of the immigration paperwork (including the communication with USCIS about the termination) through (at least) September 30, 2024.
For example, let's say Company A sponsors a Russian worker for an O-1 work visa. USCIS approves the petition with a validity period of October 1, 2021 through September 30, 2024. However, the worker leaves the employer on August 1, 2024. The employer must inform USCIS of the early termination, and should retain all of the immigration paperwork ...
Of course, an employer who files an amended petition should also maintain a copy of it . This is especially important because if USCIS conducts a site visit and discovers the material change, the employer can prove that it informed USCIS of the change by showing a copy of the amended petition.
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
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.
New companies should provide as much financial information as they can such as: Documentation showing the company can pay the prevailing wage for the position – this can be in the form of bank statements, tax returns, and other official financial documents.
Current resume – Your resume should include your full name and contact details, but other personal information should be kept to a minimum. Indicate your employment history along with a list of duties and responsibilities. Proofread carefully for grammar and spelling. Specify your salary expectations.
Job Offer Letter – The offer letter should provide a full description of your position, duties, benefits, and salary, along with you job title, department, and start date. Any verbal agreements between you and your employer should be documented in the offer letter.