The document provides information about applying for and obtaining an H-1B visa. It defines the H-1B visa as allowing US employers to temporarily hire foreign professionals. It outlines the eligibility requirements, application process, required forms and fees, and summarizes the typical steps including obtaining a certified Labor Condition Application from the Department of Labor and filing a petition with USCIS which takes several months to process. It also discusses visa extensions, dependents, transferring employers, and holding multiple H-1B visas.

1. A Guide to the H-1B Visa
International Law Group
1635 The Alameda, Suite 500,
San Jose, CA 95126
www.ilgsj.com

2. H-1B Visa Defined
● Primary method for employers to recruit & hire International
professionals and International students to work in the USA.
● Enables US employers to hire foreign professionals for a
specified period of time.
● It is a "dual intent" visa will not be denied simply because a
person has intentions to become a permanent resident.

3. 1. A Bachelor's degree or Master’s Degree (or the foreign equivalent
degree from your Country), or
2. 12 years work experience, or
3. A mix of further education + work experience
The general H1B visa qualification rule is:
● For every 1 year of studies at University / College = 3 points
● For every 1 year of work experience = 1 point
● 12 points in 'total' are required to qualify for the H1B visa program
Who Qualifies?

4. Processing the H-1B
H-1B visa applications can be filed by the employers in one of 2
methods:
● H-1B Regular Processing
Cost-effective that takes longer. There is no set timeframe for a visa to
be processed by the USCIS when filed through Regular Processing (it
can take anywhere from 1 month to 6 months)
● H-1B Premium Processing (Not available for this Fiscal Year 2017)
A faster method to obtain an H1B visa for an extra fee of $1,225 (to
expedite the application processing in as little as 15 days).

5. Application Process
1. Offer & Acceptance of H-1B Employment:
● H-1B Sponsoring Company/Employer files a petition on your behalf.
Applications are "job specific."
● The employer can be an individual, partnership or a corporation.
● The visa is only valid for work with the employer that filed the
original petition.
2. The USCIS requires employment letters which provide the following
information:
● Specific information addressing the job title to be held by you.
● The exact duties to be performed by you.
● The dates of employment.
● Information regarding the supervisor's, manager and co-workers.

6. Actual Wage Vs Prevailing Wage
● The actual wage is determined by comparing other workers in the same
positions with the same level of experience. The actual wage is the wage
rate paid by the employer to all other individuals with similar experience
and qualifications for the specific employment in question.
● The prevailing wage is determined by the State Employment Security
Agency by completing a special form, ETA 9035 or 9035E that it will pay
the H–1B nonimmigrant the required wage rate.
When a company decides to sponsor a visa, an inevitable part is how much
would be the pay for the H-1B employee. As part of the H-1B petition process,
while filing the LCA with the DOL, the Sponsor Employer must pay the H-1B
employee the higher of the “actual wage” at the workplace or the “prevailing
wage” in the industry.

7. Labor Condition Application(LCA)
● A certified LCA which consists of form ETA 9035 is a prerequisite to H-
1B approval.
● LCA must be certified by the DOL before the petition is submitted to the
USCIS.
What is H-1B LCA consists of ?
● The LCA must contain the basic wage, the work location, the rate of
pay and also period of employment.
● H-1B Sponsor must also make standard attestation of:
- H1B employee will be given the same benefits as their other
workers and the pay will be the higher of the “actual wage” at the
workplace or the “prevailing wage” in the industry.
- The H-1B Employee will not affect the working conditions of the
workers employed in the area.(Eg. hours, vacation, fringe benefits)
- No strike of labor dispute at the place of employment

8. When the LCA is approved, the Department of Labor (DOL) will
return a certified copy to the H-1B sponsoring company.
The sponsor company must post notices at two conspicuous
places at their business of the H1B visa filing for 10 days or
provide notice of the filing to the collective bargaining
representative for their employees.
● The LCA form can be used for the actual posting as well.
● After the Department of Labor accepts the LCA, then your
employer can file your H1B visa petition.

9. H-1B Visa Petition
The H-1B Petition must be assembled & filed with appropriate USCIS Service
office.
The filing must include:
● The required forms, fees, documents and information; form I-129.
● Education & experience evaluation & documents, training certificates,
professional memberships, resume, employment agreement and letter of
support.
● Copy of Identity card and Copy of your passport’s expiration page.
Processing Time
Processing times vary depending upon service center and the visa. It could be
a few months wait.
● If the H-1B employer can show a substantial need for the employee,
USCIS might approve the petition sooner.
● Employment cannot begin until USCIS has issued the appropriate visa.

10. What Next?
● Receipt issued by USCIS
● The Sponsoring company is sent a receipt by the USCIS Service
Centre which bears a 9 digit reference number, H-1B processing
time and general information about the petitioner and foreign
worker. This is the petitioner’s first confirmation that the petition is
in the adjudicating queue.
● A notice is generated by the Sponsor and mailed to the applicant
(H-1B Employee) notifying him/her of this receipt and outlining
information on processing times etc.
● The notice should warn the applicant not to resign from current
employment, sell his accommodation or make any major life
changes until it is communicated that the H-1B visa petition has
been approved.

11. Petition Approval:
● Generally a case will be approved within or on the designated time
frame outlined in the USCIS receipt.
● An approval notice (Form I-797) is issued to the petitioner.
● The Form I-797 shows dates of validity for the foreign worker to work
in H-1B status for the Sponsor.
Consulate Services:
● The H-1B visa beneficiary then applies for personal and family visas at
the Consulate.
● Normally, people apply to the Consulate that is closest to where they
live.
● Visa processing normally takes 2-3 days, depending on the Consulate.
● Once the passports are returned with valid H-1B visa stamp, the
Consultant and his/her family may enter the U.S. in H status.
Approval and After

12. Filing Fee and Cost
.
● Base fee is $325
● American Competitiveness and Workforce Improvement Act of 1998
(ACWIA) fee:
- $750 if less than 25 workers; and
- $1,500 if more than 26 workers.
● Fraud Prevention and Detection fee of $500 (if applicable)
● Public Law 114-113 fee of $4,000 (if applicable)
● Premium Processing Service fee of $1,225 (if applicable)

13. What is the actual H-1B Filing Fee for FY 2017 quota ?
H-1B petition filing involves a set of fees that every employer has to pay. Not all of this applies to
every petition filed, it varies by the company size and the other factors as explained below.
Fee Type Fee in USD Details
Base filing fee $325 For every petition
AICWA
Fee(American
Competitiveness
and Workforce
Improvement Act
of 1998)
$750
or
$1,500
$750 – for employers with 1 to 25 full time employees )
$1500 – for employers with 26 or more full time equivalent
employee )
Fraud prevention
& detection fee
$500
Only applies to New H1Bs and Change of employers petitions
only. Does not apply to Chile and Singapore based H1B1
petitions

14. Fee based on
Public Law 114-
113
$4000
Applicable, if 50 or more employees and more than 50% of
employees are on H-1B or L-1 Visa status, required for new
H-1B filing and change of employers.
Premium
processing fee
(If Available)
$1,225
For faster adjudication within 15 calendar days. As per this
year’s press release, USCIS will consider the 15 day clock
from starting from no later than May 16th.
Immigration
Attorney Fee
Varies from $500 to
$3000
This fee applies to companies that work with third party
immigration attorneys for filing the H1B Visa petitions.

15. H-1B Extension
● H-1B is granted initially for up to 3 years, and then can be extended for another 3 years.The
maximum amount of time an applicant can remain in the U.S. in H-1B visa status is 6 years.
● Once the 6 year cap is reached, the foreign national must be physically outside the U.S. for 1 full
uninterrupted year in order to “reset” the 6 year clock and apply for a new H-1B.
Extension applicable when:
● 1 year H- 1B Extension:The foreign professional may extend H-1B status past 6 years in 1 year
intervals. This occurs when the PERM petition or the I-140 was filed 365 days before the 6 year
expiration date.
● 3 year H1B Extension:The foreign professional is able to extend the H-1B status for up to 3 years if
the applicant has an approved I-140 petition and the immigrant visa number is unavailable.
● “Recapture” Time: The foreign professional may request a H-1B Visa Extension if he/she traveled
outside the United States during the validity of the visa. The applicant is obligated to submit U.S.
entry and return dates, I-94 copies, and related stamps.

16. Dependants/H-4 Visa
Who may qualify for H-4 visa?
Qualifying family members include only
● Spouse
● Unmarried children under 21 years old.
Documents required for H-4 visa:
● If the spouse and/or dependent children are applying for visas separately
from the 'principal' visa holder, certified copies of the principal visa
holders valid visa and valid I-94 are required.
● To get H-4 visa, submit:
» Full name, date and place of birth
» Marriage certificate
» Birth certificates of your children
» Copy of spouse and children's passports
Note:
Spouses of H-1B visa are eligible to extend their H-4 upon the expiration of the 6 year limit. There is
no automatic extension and H-4 recipients must file the I-539 concurrently with the original H-1B
extension application.

17. H-1B Transfer
● Current H1B visa holders can transfer their visa and start work for a new
employer.
● H-1B transfer petition is 'submitted' to the USCIS by the new employer
(sponsor company).
● Doesn’t fall under the H-1B cap.
● Documents Required:
○ Up to 3 months latest pay stubs.
○ Copy of your existing H-1B approval notice/I-797.
○ Passport copies.
○ Copies of I-94 records.
○ Copy of Social Security Card.
○ Latest Resume.
○ Copy of existing valid visa.
○ Copy of all your Diploma/Degrees.

18. Multiple H-1B visa petition allowed?
Yes, two or more employers can file your visa petition. But you can work for
only one Employer.
Holding Multiple H-1B Visas for different Employers,
Valid?
● When employers share responsibilities for the employee, one of the
firms must designate itself as the employer, or, if the alien has two
employers, each must file a petition.
● The USCIS has consistently stated that neither the new employer nor the
beneficiary needs to take action with the USCIS, if the beneficiary
switches employers, as long as multiple petitions were approved and
the petition for the current employer remains valid.

19. Additional Resources:
Filing Instructions:
https://www.uscis.gov/sites/default/files/files/form/i-
129instr.pdf
Visa tracking:
https://egov.uscis.gov/casestatus/landing.do
Fee Info:
https://www.uscis.gov/forms/our-fees