What is H1B?
H1B is a type (among many types) of nonimmigrant visas, which permits foreign professionals to enter the Untied States lawfully and work legally for U.S. employers for a temporary period of time.

Requirements for H1B:
In order for foreign personnel to be eligible for an H1B visa, the following conditions must be fulfilled:

• A U.S. employer must be willing to sponsor the worker. An employer that agrees to sponsor a worker is referred to as the “Petitioner” and the worker as the “Beneficiary;”
• The employer must offer employment involving a “specialty occupation,” which requires special skills in that particular field;
• The foreign professional must have at least a bachelor’s degree or its equivalent. If the Beneficiary does not have the required bachelor’s degree, it may be substituted by relevant experience in combination with the education; and
• The employer must prove that it will pay the minimum prevailing wages and provide the same working conditions to the foreign professional as to a U.S. national.

When to Apply:
Employers (Petitioners) for foreign nationals (Beneficiaries - who are either outside the U.S. or within the U.S. but in a different status and want to obtain their H1B status) can apply beginning April 1st of each year until the predetermined quota is filled for that year.  Each Beneficiary must wait until after October 1st to begin working for the Beneficiary’s particular employer. If the Beneficiary is not in the U.S., the entire H1B process can be done via consular processing at the United States embassy in the country in which the Beneficiary resides.

Duration of H1B:
H1B status is initially issued for a period of three years. It can be extended for three additional years upon application. H1B Beneficiaries can bring their immediate family (spouse and children) to the United States with them on H4 visas for dependents. However, the dependent family members are not allowed to work in the United States during their stay.

How H1B Petitions are Processed:
H1B petitions are processed in one of two ways:

• Standard l Processing – completed within about 45 to 60 days; OR
• Premium processing – completed within about 15 days or the United States Citizenship and Immigration Services (USCIS) will refund the premium processing fee.

Steps to File a Petition:

• Obtain the prevailing wage determination from the employment security agency of the state in which the Beneficiary will work or any other source acceptable to the U.S. Department of Labor;
• Employer must file for a Labor Condition Application (LCA) with the U.S. Department of Labor; and
• Once wage determination and LCA certificates are obtained, the H1B petition with all supplementing documents must be sent to the USCIS for processing. The application must be accompanied by the following documents:
• Form I-129, petition for alien worker with its supplements;
• Form I-907 for premium processing (if applicable);
• Resume of the Beneficiary;
• Copy of each transcript showing each of the Beneficiary’s degrees (including foreign degrees and experience evaluations where applicable);
• Evidence of the current status in the U.S. (if already in U.S.);
• Employment letter from the prospective employer (Petitioner) with a job description;
• Profile of the prospective employer (Petitioner);
• Filing fee;
• Every other document required by the USCIS; and
• Letter from or on behalf of the prospective employer (Petitioner) to the USCIS.

Once approved, the USCIS will send an approval letter followed by an employment authorization document (EAD).

Filing Fee:

• $190 Standard Processing Fee.
• Additional fee of either $750 or $1,500.  (If the employer has 25 or fewer full-time employees in the US, the employer is only required to pay $750 as additional fee as opposed to $1,500 if the employer has more than 25 full-time employees.) The employer need not pay any additional fee if exempt under the H1B Data Collection and Filing Fee Exemption supplement.
• $500 Fraud Prevention and Detection Fee, separate from the petition and additional fee mentioned above.
• $1,000 Premium Processing Fee. Note that the premium-processing fees are optional and additional to all other fees. You are not required to opt for premium processing.
• Such other fees mandated by the USCIS.

Why Seek Legal Advice?:
Immigration forms appear deceptively easy to a layperson, but are full of legal technicalities. It is a lengthy, time consuming process, which, if not done correctly, can cause a petition or application to be rejected by the USCIS.  A rejected petition can unnecessarily delay an approval by several months, seriously affecting the plans of a foreign national and a U.S. employer.  Professional legal help can make a world of difference between a lengthy, painful process and a relatively painless, prompt, and accurate processing of an H1B petition. Before you prepare the documents required to petition, decide whether to seek the assistance of a layperson or an experienced attorney.

ACT NOW: Since the USCIS will begin accepting filings for the FY2008 H-1B cap on April 1, 2007, it is important that you act now and make the right decision.  Call us for all answers to all of your inquiries and for your H1B needs.