what h-1b documents do lawyer need to give client

by Prof. Brennan Upton PhD 3 min read

Personal Documents for H-1B Stamping If you now live in the United States, bring a copy of your utility bills and rental agreement during your H-1B visa stamping. If you are not sure which documents to bring, contact an immigration lawyer or other immigration professional.

H-1B Documents for Filing the Petition:
  • I-129 Petition.
  • Approved Labor Condition Application.
  • Supporting evidence, including. Copy of resume. Copy of job offer including job description. Proof of your degree. Other evidence that may be particular to your case.

Full Answer

What are the documents required for the H-1B process?

Because there are several different process stages for the H-1B, there are also different documents required for each stage. All documentation must be submitted with the Petition in a timely manner. Complete all sections within the Petition for a Nonimmigrant Worker (Form I-129). The entire H -1B visa processing mandates a specific H-1B package.

Do I need to provide supplemental H1-B visa documents?

Additionally, if you are planning on submitting a cap-exempt position, then you will need to provide supplemental H1-B visa documents. Cap-exempt positions are those for institutes of higher education, nonprofit organizations affiliated with institutes of higher education, and governmental research organizations.

How to understand the rights of H1B worker?

If you a new H1B seekers or an existing H1B employee, it is important for you to understand the rights of H1B worker. US Department of Labor has put up a nice assistant for you to give guidance on various aspects like Immigration Fee, Bench Pay, Wages, etc. Read H1B Holder Rights Assistant by US Dept of Labor.

What do you need to know about H1B purchase orders?

Contracts, purchase orders, end client and vendor letters, and other supporting documentation must demonstrate to the USCIS that there is an H1B position available to the employee and that the employee’s services are needed for the entire duration of time requested in the H1B petition.

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Does H-1B need client letter?

The article notes, “The US Citizenship and Immigration Services (USCIS) has repeatedly made it clear that an end-client letter is not required for approval of an H-1B petition, and that H-1B employers are allowed to provide other comparable documentation instead.

What documents should I carry for H1B visa interview?

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...•

What is a client letter for H-1B?

Client letters are an essential part of the H1B VISA process, as they help demonstrate that a valid employer-employee relationship exists. The absence of a client letter makes it likely that the H1B case will receive a request for evidence (RFE), as well as greatly increases the risk of denial.

Do lawyers get H1B visa?

H-1B Visas (Person in Specialty Occupation): The professional must be hired in a specialty occupation that requires a Bachelor's degree or higher, or its equivalent. Examples of specialty occupations for H-1B visas include engineers, architects, lawyers, physicians, and other professional positions.

Do we need original i-797 for visa interview?

*You do not need to present your original I-797 approval notice at your visa interview.

Is I-797 required for H1B stamping?

1 attorney answer Generally, US consulate processing does not require the original I-797. A valid passport, current visa, a copy of the I-797, and recent paystubs should be acceptable for US admission...

What is a client letter?

CLIENT LETTER® is the leading on-premise solution for organizations that prefer using Microsoft® Word™ to design engaging content and then using a web browser-based editor to personalize and send customer communications.

Do we need client letter for Dropbox?

It just depends on your employer and their standard of information that they put in the employment verification letter. If you are going to attach client letter/SOW then it won't make much difference if you do or do not include information regarding the client/location etc.

What is 221g white slip?

What does 221g white slip mean? The U.S. issues a white slip to a visa applicant when it falls under the complex category of section 221(g). Therefore, your case will require additional processing by USCIS.

Can a law firm sponsor H1B?

The Firm will support TN visa status and may also sponsor individuals for H-1B visa status at the conclusion of any three-year TN approval period. Individuals have the option to request that the Firm sponsor an H-1B visa at any time and the Firm will consider earlier sponsorship.

How much does a lawyer 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

Who has to pay the attorney fee for an H1B application?

The Public Law fee only needs to be paid by employers with over 50 employees, and they must have more than 50% of their employees on the H-1B visa for the fee to be required.

What do I need to bring to the US embassy for an H1B visa?

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.

What is an H1B visa?

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.

How long does it take for H1B to be processed?

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.

What is the minimum size of a photo for USCIS?

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.

Where do I staple my H1B?

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.

Where do I staple checks for I-129?

employer sponsorship, and public law. The checks should be stapled at the bottom right corner of the first page.

Is the H1B visa a delicate process?

The immigration process is a delicate one, regardless of the visa you choose. Because of the competitiveness of the H-1B visa, it’s all the more important to make sure that you get it right the first time. If you have been wondering which H-1B visa documents are required for the filing, interview, and even Requests for Evidence, ...

What should be included in an offer letter for a job?

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.

What information should new companies provide?

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.

What should be included in a resume?

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.

What is a petitioner USCIS?

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.

What is a copy of a foreign degree?

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.

What is the I-129 fee?

Fee for filing I-129. This fee is also called American Competitiveness and Workforce Improvement Act of 1998 (ACWIA fee). An institution of higher education as defined in the Higher Education Act of 1965, section 101 (a), 20 U.S.C. section 1001 (a).

Registration Vs. Actual Filing

USCIS changed their H-1B petition filing process from FY 2021 as they introduced the H-1B Registration Process

What Will Be My Status of Registration After Submission?

A registrant’s USCIS online account will show one of the four following statuses for each registration:

Checklist for H-1B Petition

Employer will have to file an actual H1B petition with USCIS after you are selected in the registration process

When did USCIS change H1B filing?

USCIS changed their H1B petition filing process from FY 2021 season. In the new process, they introduced H1B Registration Process, where employers need to first register the H1B applicants or employees in the H1B Registration Online Tool, whom they intend to sponsor H1B to work in US.

Can an employer file an H1B petition?

If an applicant is selected in H1B registration process, then the corresponding applicant’s employer can file H1B Petition with USCIS. To submit H1B petition or application with USCIS, the H1B applicant need to submit the below documents to employer for preparing the petition and submitting the same to USCIS:

Mandatory Documents

Valid original passport. You are recommended to have passport valid for at least six months beyond your interview date.

Principal Applicant

For applicant applying with a blanket petition, a demand draft for Rs 29000/- favouring "US Embassy, New Delhi" or "U.S. Consulate General, Mumbai (or Chennai or Kolkata, or Hyderabad)" as applicable towards FPD fee. DDs drawn on co-operative banks are not accepted.

What degree do I need to work in H1B?

The position must require a bachelor’s (or higher) degree in the specific field. The fact that a prospective H1B worker possesses a bachelor’s degree does not make that position a specialty occupation.

What is an H1B visa?

H1B is a nonimmigrant visa category that allows a foreign worker to come to the United States and work in a “specialty occupation,” which includes many professional positions. The H1B gives a foreign national permission to work in the U.S. and a status that allows her/him to lawfully remain in the U.S. on a temporary basis.

What is an LCA for H1B?

An LCA for an H1B petition must be certified by the DOL before filing an H1B petition with the U.S. Citizenship and Immigration Services (USCIS). The DOL is responsible for ensuring that a foreign worker neither displaces nor adversely affects the wages or working conditions of U.S. workers in the same area where the employer intends to locate the H1B employee.

How long does an H1B worker have to leave the US?

Upon the termination of employment, an H1B worker generally has up to 60 days – or until the expiration date of the current I-94, whichever period is shorter – to be sponsored for a change of employer, apply for a change of status, or simply depart the United States. More detail on this is available in the MurthyDotCom NewsBrief, Grace Period for Nonimmigrant Workers Following Loss of Employment.

How long can I work on an H1B extension?

Ordinarily, if an H1B employer applies for an extension while the foreign national is still in valid status, once the current I-94 expires, the H1B worker can continue to work for up to 240 days, or until the H1B petition is approved or denied, whichever occurs first.

How long can you be in the US with H1B?

Generally, the maximum period that a worker can be in the U.S. in H1B status is six (6) years, which can be granted in increments of no more than three (3) years at a time.

When will H1B be included in the lottery?

For example, for fiscal year 2019 (FY19), which runs from October 1, 2018 through September 20, 2019, all cap-subject H1B petitions filed from April 2nd through April 6th, 2018, will be included in the lottery, assuming a lottery is needed.

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