Three Things You Can Do to Streamline Your H-1B Visa Petition From Top U.S. Immigration Attorneys
Working with U.
S.
immigration attorneys is a crucial way to ensure that your H-1B visa application is processed quickly and without delays.
The H-1B visa has several categories including: Specialty Occupations, DOD Researcher and Development Project Worker, and Fashion Model.
Eligibility requirements differ for each category, and immigration rules change frequently.
This can make it very difficult for individuals and businesses to understand the process, but here are some tips from us to help you with your petition.
Start Early With U.
S.
Immigration Attorneys Once you receive a qualified offer of employment, have your prospective sponsor start the petition process as early as possible, especially if you are subject to the H-1B cap.
At the start of each fiscal year, October 1st, 65,000 H-1B visas become available.
Your prospective employer may file the petition on your behalf six months in advance, beginning April 1st.
We recommend you start collecting documents as early as January or February so that your petition will be ready for filing on April 1st.
There is more demand than there are visas available, so the earlier you start, the better.
US immigration attorneys can give you qualified advice as to whether or not you are eligible for the H-1B visa category and whether or not you are subject to the cap.
Be Consistent in your Petition Your employer should review the petition before it is filed with the U.
S.
Citizenship and Immigration Services (USCIS) to ensure that each element of the H-1B criteria has been addressed.
If your H-1B is based on a specialty occupation, has your employer demonstrated that the proffered position requires the minimum of a university level degree? If your degree is not from a United States university, does your petition include a proper credential evaluation? Does the job offer require a license? If so, was the licensing requirement properly addressed in the petition? Is the job description set out in clear verifiable detail? Vague job descriptions or conflicting information will cause delays in the petition process.
USCIS will check that all of your answers match up throughout the petition.
For example, if your employer checks that you are exempt from the cap, know that the top of your petition (the Form I-129) is clearly labeled as such.
Consider Premium Processing You and your employer may want to Premium Process the H-1B Petition.
This is a USCIS service that guarantees an adjudication of the petition within 15 calendar days.
In order to use this service, you must pay a fee of $1,225 and submit form I-907, Request for Premium Processing.
If the USCIS does not respond to the petition within 15 calendar days, your employer may request the Premium Processing fee be returned.
In our experience, both the employer and the H-1B candidate use the Premium Processing Program as a way to minimize adjudication times so that they may plan ahead.
US immigration attorneys can assist with further questions if needed.
S.
immigration attorneys is a crucial way to ensure that your H-1B visa application is processed quickly and without delays.
The H-1B visa has several categories including: Specialty Occupations, DOD Researcher and Development Project Worker, and Fashion Model.
Eligibility requirements differ for each category, and immigration rules change frequently.
This can make it very difficult for individuals and businesses to understand the process, but here are some tips from us to help you with your petition.
Start Early With U.
S.
Immigration Attorneys Once you receive a qualified offer of employment, have your prospective sponsor start the petition process as early as possible, especially if you are subject to the H-1B cap.
At the start of each fiscal year, October 1st, 65,000 H-1B visas become available.
Your prospective employer may file the petition on your behalf six months in advance, beginning April 1st.
We recommend you start collecting documents as early as January or February so that your petition will be ready for filing on April 1st.
There is more demand than there are visas available, so the earlier you start, the better.
US immigration attorneys can give you qualified advice as to whether or not you are eligible for the H-1B visa category and whether or not you are subject to the cap.
Be Consistent in your Petition Your employer should review the petition before it is filed with the U.
S.
Citizenship and Immigration Services (USCIS) to ensure that each element of the H-1B criteria has been addressed.
If your H-1B is based on a specialty occupation, has your employer demonstrated that the proffered position requires the minimum of a university level degree? If your degree is not from a United States university, does your petition include a proper credential evaluation? Does the job offer require a license? If so, was the licensing requirement properly addressed in the petition? Is the job description set out in clear verifiable detail? Vague job descriptions or conflicting information will cause delays in the petition process.
USCIS will check that all of your answers match up throughout the petition.
For example, if your employer checks that you are exempt from the cap, know that the top of your petition (the Form I-129) is clearly labeled as such.
Consider Premium Processing You and your employer may want to Premium Process the H-1B Petition.
This is a USCIS service that guarantees an adjudication of the petition within 15 calendar days.
In order to use this service, you must pay a fee of $1,225 and submit form I-907, Request for Premium Processing.
If the USCIS does not respond to the petition within 15 calendar days, your employer may request the Premium Processing fee be returned.
In our experience, both the employer and the H-1B candidate use the Premium Processing Program as a way to minimize adjudication times so that they may plan ahead.
US immigration attorneys can assist with further questions if needed.
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