Want to live and work in the United States legally? The H1B Visa might be the perfect visa for you. The H1B Visa covers many fields of work ranging from architecture and engineering to health and medicine. As an lawyer with over twenty-two years of experience, I strongly advise that you see legal help when looking to work in the United States. The process is not easy but I can help you. Click here for consultation form.
Who can apply for an H1B Visa?
To qualify, you must have at least a U.S. bachelors degree (college degree) or its equivalent AND, the job must require at least a bachelors degree or its equivalent.
Can you apply by yourself? No. You will need the help and support of your U.S. employer.
Can my family join me in the United States?
Yes. Your spouse and unmarried children below the age of 21 are allowed to join you. They will be classified as “H-4 dependents”. Can they work? No, unless they qualify for a work visa on their own. Fortunately, H-4 dependents can go to school in the United States up to the 12th grade without the need of a student visa.
How do I apply for than H-1 Visa?
First, you must have a U.S. sponsor. You will need to have an employer in the U.S. that is willing to hire you temporarily and pay a prevailing wage. What is a prevailing wage? If most people in your profession get paid $20/hour, you should be paid the same. That is the prevailing wage. The entire application and supporting documents are then filed with the CIS (Citizenship and Immigration Services). Again, this is not a process that you should handle by yourself. Applications filed improperly can result in the application being denied. Contact me for a consultation.
What is the process like?
The first requirement is the important cooperation of your employer. The employer must help in filing the Labor Condition Application (LCA) with the Department of Labor. Before filing, the prevailing wage must be determined. The Department of Labor reviews the application very carefully. Once they approve the application, the application must be filed with immigration officials at CIS. This process is critically timed. The Department of Labor tolerates no mistakes whatsoever. Any error can cause time-consuming additional requests for evidence from the Department, a loss of your filing fees, or the outright denial of your case. I suggest you contact my office for a consultation. Those that have had their cases denied wish they had taken this extra step of caution. Contact the office.
Once the petition has been filed, immigration officials will decide if you are qualified for the position. What is the cost of filing? The filing fee for an H1B petition is $320. However, there are usually other costs such as translation of important documents, legal fees, and other fees. My office is very good at tracking the costs, anticipating them in detail before the case begins so you know exactly what your cost will be ahead of time.
What other forms need be filed?
Your employer must file Form I-129 (Petition for Non-immigrant worker) and the H supplement with the CIS office having jurisdiction over the place of employment. The base filing fee for an H1B petition is $320. Additional fees apply. All employers must complete and file Form I-129W with the Form I-129 petition.
Is there something I can do to move my case along faster?
Yes. You can move the case along faster if you apply for Pemium Processing. There is an additional fee of $1,000 for this special service. However, you could receive a response from the government in as little as 15 days. How do you apply for Premium Processing? File and complete for I-907.
What happens once my H1B Visa application is approved?
After approval, Immigration will send Form I-797 (Notice of Action) to the employer. The employer then notifies the applicant and sends all the required documents to the applicant who can then apply for his H1B Visa at the U.S. consulate in his home country.
What documents do I need to apply for an H1B Visa?
Both you and your employer must file plenty of documents. The applicant is required to file the following documents when applying for an H1B visa abroad:
How our Immigaration Lawyer will help you get H1B Visa?
Our H1B visa lawyer has twenty plus years of experience in work-based and employment-based immigration. We have helped many individuals and employers with their visa H1B visa needs. We can advise you regarding the H1B visa application and visa process. our H1B visa lawyer can fulfill your dream of living and working in the United States.
For a consultation with an H1B visa lawyer at Punancy & Cosentino, P.A., call 305-461-4349, or contact us