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                    Naperville, IL

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. 
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   ​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:
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   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. 
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   ​4.  My OPT will expire before I can start working using my H-1B.