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H1B Visa Process Basic Requirements
The H-1B job must be a professional position that requires, at a minimum, a bachelor's degree in the field of specialization. The H-1B occupation must also normally require a bachelor's degree as a minimum for entry into the occupation.
How Will I Know If I Meet the Requirements for H-1B visa process?
If you are the employer or employee and need an immigration attorney for your H-1B case, please contact us for a free evaluation.
How Long Can I Stay in the U.S. With an H-1B?
Your first H-1B visa is generally 3 years and can be extended for another 3 years. In certain circumstances, you can extend your H-1B beyond 6 years.
When Should My Employer Apply For My H-1B Visa?
The earliest application date is April 1 and the earliest you can begin working using an approved H-1B is October 1. There are a limited number of H-1B visas each year. The cap is 65,000 for H-1B applicants with bachelor's degrees and an additional 20,000 for applications with Master's degrees or higher degrees. If H-1B cap is met, then you will need to wait until April 1 nex year to apply.
How Much Are the Government Filing Fees?
The government fees are as follows:
Application fee - $460
Anti-fraud fee - $500
Training fee - $750 if employer has 25 or fewer full-time employees, otherwise $1,500.
How Long Will It Take The Government To Process My H1B Visa Application?
Generally, the processing time is approximately 3-5 months. 15 day premium processing is available for an additional government fee.
My Law, LLC Can Help Resolve These Common Problems When Applying for H-1B:
1. H-1B wage is below the prevailing wage - The employer must certify that it will pay the H-1B employee at least the prevailing wage. The prevailing wage is the salary paid to workers in similar occupations in the geographic area of the intended employment.
2. Employer is unwilling to pay any of the government filing fees or attorney's fee - The employer must at least pay the anti-fraud fee. The H-1B employee can pay the other fees but this may cause his wage to drop below the prevailing wage.
3. My degree is different than the degree required for the H-1B job.
4. My OPT will expire before I can start working using my H-1B.
MY LAW, LLC Immigration Law Firm
1700 Park Street, Suite 203 Naperville IL 60563