How to Process H1b filing?
Filing for an H-1B visa involves a detailed process with specific steps that need to be followed to ensure compliance with U.S. immigration laws. Below is a breakdown of the process, along with the associated fees for filing an H-1B visa.
Step-by-Step Process for Filing an H-1B Visa:
1. Determine Eligibility:
Before filing, both the employer and the employee (beneficiary) need to meet the H-1B requirements:
- Employer: Must be a U.S.-based company or organization that needs to hire a foreign worker in a specialty occupation.
- Employee (Beneficiary): Must have at least a bachelor's degree or its equivalent in a relevant field related to the job.
2. Labor Condition Application (LCA) Filing:
The employer must submit an LCA to the U.S. Department of Labor (DOL) for approval before filing the H-1B petition.
- Purpose: The LCA ensures that the employer is offering the same wages and working conditions as U.S. workers.
- Duration: Typically takes 7 days for DOL to approve.
- Employer's Responsibility: The employer must attest to paying the prevailing wage and providing proper working conditions.
3. Prepare the H-1B Petition (Form I-129):
The employer needs to prepare the H-1B petition using Form I-129 (Petition for a Nonimmigrant Worker).
- Include supporting documentation such as:
- Proof of the job offer (description and job duties).
- Educational credentials of the employee (degree, transcripts).
- LCA approval.
- Employer's tax records (EIN, business info, etc.).
- Premium Processing (Optional): Employers may choose to expedite processing for an additional fee (see below).
4. Submit the H-1B Petition to USCIS:
Once the LCA is approved and all required documents are prepared, the employer submits the I-129 petition to the U.S. Citizenship and Immigration Services (USCIS).
- The petition should be submitted within the H-1B cap season if the applicant is subject to the annual cap.
- Typically, petitions can be filed starting April 1st for the fiscal year beginning on October 1st.
5. USCIS Processing and Decision:
USCIS will review the petition, request additional documentation if necessary (Request for Evidence - RFE), and either approve or deny the petition.
- Regular Processing: Typically takes 3 to 6 months.
- Premium Processing: If selected, USCIS will process the petition in 15 calendar days.
6. H-1B Visa Approval and Consular Processing (if abroad):
- If the beneficiary is outside the U.S.: Once the petition is approved, the employee must go to a U.S. consulate or embassy to apply for the visa and attend an interview.
- If the beneficiary is already in the U.S.: If the employee is already in the U.S. in another valid status (e.g., F-1 or B-1), they may file for a change of status to H-1B without needing to go abroad.
7. Start Employment:
If the petition is approved and the employee's visa is granted, they can start working for the employer on October 1st or as per the approval date.
H-1B Fees:
The fees associated with filing for an H-1B visa can vary based on the size of the employer, the type of processing (regular vs. premium), and other factors. Below are the typical fees associated with the H-1B process:
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Base Filing Fee (Form I-129):
- $460: This is the standard filing fee for the I-129 petition.
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ACWIA Fee (American Competitiveness and Workforce Improvement Act):
- $1,500 for employers with more than 25 employees.
- $750 for employers with 25 or fewer employees.
- This fee is used to fund training programs for U.S. workers.
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Fraud Prevention and Detection Fee:
- $500: Paid by employers who are filing an initial H-1B petition or are changing employers (not applicable for extensions or amendments).
-
Premium Processing Fee (Optional):
- $2,500: This is an optional fee for expedited processing, where USCIS will process the petition within 15 calendar days.
-
Public Law 114-113 Fee (for employers with a high percentage of H-1B workers):
- $4,000: This fee applies to employers who have more than 50 employees and more than 50% of their workforce on H-1B or L-1 status.
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Attorney Fees (Optional but common):
- $1,500 - $4,000: Many employers hire immigration attorneys to assist with filing, and the fees vary based on the complexity of the case.
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Consular Fees (for applicants abroad):
- Visa Issuance Fee (if applicable): This fee varies depending on the U.S. consulate or embassy where the applicant is applying but can range from $150 to $200.
Total Estimated Cost:
The total cost to file an H-1B petition will depend on several factors, such as the size of the employer, the number of H-1B employees, and whether the employer opts for premium processing. Below are the approximate costs:
- Without Premium Processing:
- $2,710 - $5,710 (including base fee, ACWIA fee, fraud prevention fee, and optional attorney fees).
- With Premium Processing:
- $5,210 - $8,210 (including premium processing fee, base fee, and other associated costs).
Conclusion:
The H-1B visa filing process involves several key steps, from preparing the Labor Condition Application (LCA) to submitting the H-1B petition with USCIS. Employers must be mindful of the fees and deadlines, especially during the H-1B cap season (April 1st - April 7th). Although premium processing offers expedited processing, it’s an optional cost. Employers and employees should also keep track of the latest regulations and any potential changes in fee structures or filing processes.
If you're an employer or a prospective H-1B applicant, consulting with an immigration attorney can help ensure that your filing is smooth and compliant with current immigration laws.
