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H1B Work Visa

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H1B visa Application


  1. 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 | Tax and Immigration Lawyers at Naperville