A) What is H-1B visa?
The H-1B visa is available to persons who will be employed in “specialty occupations." Specialty occupations are defined by USCIS as occupations for which a bachelor’s degree or equivalent, related to the occupation, is required to perform the job.

B) How do I qualify for H-1B status?
The threshold requirements for the H-1B visa are:

Candidate must have a job offer from a US-based company.
(Candidate can be located anywhere in the world)
The job offered must require a minimum of a bachelors degree (or its equivalent),
The candidate must possess this degree in a specialized field or hold the equivalent.
Foreign degrees must be translated and evaluated by a third party educational evaluation service to ensure the equivalency will be recognized by USCIS.
If the degree is in an unrelated field, the candidate must provide complete transcripts, a detailed resume describing previous employment history, and letters from previous employers &/or previous coworkers confirming the work experience in the specialized field.
If not in english; the education and work experience will then need to be translated and evaluated to determine if they are recognized as equivalent to a U.S. degree in the specialized field.
If the candidate does not possess a formal degree, USCIS will recognize as the equivalent three years of full-time professional work experience in the field for every one-year of college education needed to complete a four-year degree program. In other words, if the candidate has no college education, then he or she will need to possess twelve years of full-time, related work experience.
There is no minimum salary that you must have to qualify for an H-1B visa.

C) What steps are involved in the processing of an H-1B petition?

Filing an initial H1B petition for the visa lottery.
Form I-797C, Notice of Action is issued by USCIS to communicate information pertaining to receipt, rejection, transfer, reopening or an upcoming appointment should you be selected in the lottery.
File the complete H-1B cap petition within 90 days of receiving a selection notice.
Preparing and filing a Labor Condition Application (LCA).
Preparing and filing the H-1B petition (after the LCA has been certified by the DOL).

D) What does an H-1B petition contain?

An H-1B petition typically contains several key components required by the United States Citizenship and Immigration Services (USCIS) to consider an individual for an H-1B non-immigrant visa. These components include:

1. **Form I-129 (Petition for a Nonimmigrant Worker)**: This is the primary form used to petition for H-1B status on behalf of the beneficiary (the foreign national worker). It includes information about the employer, the position being offered, and details about the beneficiary.

2. **Labor Condition Application (LCA)**: Before filing the H-1B petition, the employer must obtain an approved LCA from the Department of Labor (DOL). The LCA ensures that the employment of the H-1B worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

3. **Supporting Documentation**: This includes various documents to support the information provided in the petition, such as:

- Copy of the beneficiary's passport.

- Educational documents (transcripts, diplomas, degrees) to demonstrate eligibility for the position.

- Letters of experience or employment verification from previous employers, if applicable.

- Any relevant licenses or certifications required for the position.

- Evidence of the employer's financial ability to pay the prevailing wage to the H-1B employee.

4. **Employer Support Letter**: A letter from the employer confirming the offer of employment to the beneficiary, including details about the position, salary, benefits, and other relevant terms of employment.

5. **Beneficiary's Support Documentation**: This may include:

- Resume or curriculum vitae (CV) detailing the beneficiary's qualifications and work experience.

- Letters of recommendation or reference from previous employers, if available.

- Any other relevant documentation to demonstrate the beneficiary's qualifications for the position.

6. **Optional Supporting Documentation**: Depending on the specifics of the case, additional documentation may be included to strengthen the petition, such as:

- Job description or job offer letter.

- Organizational chart demonstrating the beneficiary's position within the company.

- Any additional evidence to address specific eligibility criteria or potential concerns raised by USCIS.

It's essential for the H-1B petition to be thoroughly prepared and well-documented to increase the chances of approval by USCIS. Working with an experienced immigration attorney can help ensure that all necessary components are included and that the petition is presented in the best possible light.

E) How much does an H1B petition cost?
**Filing Fees**: Payment of the required filing fees associated with the H-1B petition, - **Registration Fee for 2024 Season**:

- $10 until 1/4/2024

- $215 after 1/4/2024

- **Basic Filing Fee**:

- $780 for bigger companies

- $460 for small employers and nonprofits

- **(ACWIA) Training Fee**:

- Ranges from $750 to $1,500

- **Fraud Prevention and Detection Fee**:

- $500

- **Public Law 114-113 Fee**:

- $4,000 for companies with upwards of 50 employees with over half on H-1B or L-1 status

Asylum Program Fee – This is a new fee that will be assessed on all Form I-129 and I-140 petitions to help cover the costs of asylum adjudications. This fee should also help free up SCOPS and FOD resources that have been diverted from EB adjudications to asylum adjudications.

- $600 for employers with 26 or more Full-Time Employees (FTEs)

- $300 for small employers (25 FTEs or less)

- $0 for nonprofit organizations

- **Premium Processing**:

- $2,800+

Attorney Fees (vary): H-1B attorney fees differ tremendously depending on the firm. Since the stages are now tiered, only certain companies will eventually file the complete petitions. VisaNation Law Group’s legal fees are tiered as follows:

- One: $300 for the initial registration process, which includes all required preliminary case analyses.
- Two: $2,600 will be due if the case is selected in the lottery for filing, including all form/support letter preparation plus case filing within the timeframe.
- Three: $500–$1,600 will be the cost of a Request For Evidence (RFE) response, should one later be issued on the case.

NOTE: It is against U.S. legal regulations for an employer in the U.S. to require a foreign employee to pay for the H-1B fees. Be aware that site audits are common, and auditors will confirm that the employer paid their responsible fees. Employers must pay for all H-1B fees. The only exceptions where the beneficiary can pay for fees are premium processing fees and visa fees for consular processing. Premium processing is an optional fee.

C) How long will it take to receive approval of the H-1B visa petition?

Processing times for H-1B petitions vary according to the availability of information needed to prepare the petition, government interruptions and backlogs at the DOL and USCIS, but typically take six months or more from the date of filing. Government processing times are beyond the control of the company and immigration lawyers.
Expedited, or “premium”, processing may be available for H-1B petitions for an additional USCIS fee of $2,800+. If Premium Processing Service is chosen, the USCIS Service Center will take action on the petition in 15 calendar days, beginning from the date the Service Center receives the petition. If the Service Center does not take action on the petition within the 15-day period, it will issue a refund of the additional fee. USCIS may, at its discretion, suspend premium processing for certain H-1B case types during periods of high volume.

D) How soon after filing an H-1B petition can I start to work?

Petitions are filed with USCIS Service Centers depending on the job location.
Upon approval, USCIS will issue a Notice of Approval that may be used to obtain the H-1B visa.
Those individuals who have temporary work authorization based on their student visa status (Optional Practical Training) may begin employment prior to the approval of the H-1B petition provided they possess a valid Employment Authorization Document (EAD) issued by USCIS.
If you are already in H-1B status with another employer, you may begin to work once the H-1B petition has been filed. This is known as H-1B portability. The timing of your start date under portability and the filing of the H-1B petition must be carefully coordinated. You must not begin your new employment until you have been advised to do so. Also, it is not advisable to leave your prior employment too soon.
If you are in the United States in a status other than H-1B, you may not begin your employment with the company until the petition filed on your behalf has been approved and you have received a new I-94 form evidencing your new status. If you are outside the United States, you may not begin your employment until you have obtained an H-1B visa stamp in your passport and you have been admitted to the U.S. in H-1B status.

E) How long can I stay in the U.S. in H-1B status?

Initial H-1B petitions can be approved for up to three years.
An initial extension may be filed for an additional three-year period. An extension must be filed before your current visa status expires in order to preserve your employment authorization.
Generally, individuals are entitled to a maximum of six years in H-1B status. That six-year period includes periods of time in H-1B status with other employers as well as any time spent in H-2B, H-3, H4 or L-1 status.

F) ALL POSSIBLE EXCEPTIONS to the 6 year H1B work visa time cap/limit without PERM/i140 filed/approved:

Recapture of time. If you have spent periods of time abroad during the validity of your H-1B petition, you can “recapture” that time and extend the duration of your H-1B stay for a period equal to the time you spent outside the U.S. Please contact your immigration representative to recapture this time. Example: 2weeks international vacation pear year = 2*6 = 12weeks extension.
A foreign national who has spent a full six years in H-1B status needs to spend at least one year abroad before he or she may be readmitted as "new" H-1B nonimmigrants for a full six years, subject to the cap.
Foreign nationals who did not exhaust their six-year maximum and have been abroad for one year or more may seek readmission and be granted an extension of stay in H-1B status or H-1B visa issuance at a consulate

regardless of whether they are currently in the United States or abroad and
regardless of whether they currently hold H-1B status.
But only for the unused portion of the six-year period without being subject to the cap.

G) How do I extend my H-1B status?

Extensions of H-1B visa status should be filed during the six-month period prior to expiration of the current stay.
Extensions are generally granted in three-year increments up to a maximum of six years (cumulative of all stay in H or L status for any employer).
U.S. immigration law provides that a foreign national who has already been counted against the H-1B cap within the six-year period prior to approval of an H-1B petition is exempt from the cap. ("unless the alien would be eligible for a full six years of authorized admission at the time the petition is filed.")
If an extension application to continue your current H-1B employment is filed prior to expiration of the current authorized stay, you may be eligible for continuous work authorization for up to 240 days (8months) (2/3rd year) while the application is pending.
If your extension application amends your current H-1B employment terms, you will be able to take advantage of the H-1B portability rule described above, and are authorized to work until approval of the extension application. In both cases there may, however, be restrictions on international travel.
Upon approval of the petition extension, you will receive a new I-94 form that is attached to the bottom of the Notice of Approval. Keep this new Approval Notice in your passport. Remember that you will need to apply for a new visa stamp at a U.S. consular post the next time you travel internationally.
Your HR &/or immigration representative may track expiration dates but will not assume responsibility for this function as I-94 expiration dates may vary from the expiration dates shown on the Notice of Approval for your nonimmigrant visa. You must keep track of the expiration date on your I-94 record and those of your family members.
Your spouse and dependents in H-4 status may also be granted extensions up to the new expiration date of your stay. H4 status is not automatically extended when the primary H1 receives an approval for extension. H4 dependents need to file I-539 concurrently with H1 extension applications, to avoid accidentally falling out of status.
File for PERM+i140 3-4years before 6year H1B work visa cap expires.

H) How long may I stay in the country on an H-1B visa if I get laid off?
What are my employer’s obligations if I am laid off?

USCIS rules allow for a grace period of up to 60 days if your H-1B employment ends prematurely for reasons other than fraud or misrepresentation.
During this grace period, you will be deemed to be maintaining your nonimmigrant status, and may seek other H-1B employment, change status to another immigration category or prepare to depart the United States.
You cannot enter the US more than 15 days before your new employment starts or after the employment ends.
If your H-1B employment ends prematurely, regardless of the reason, your employer is required to notify USCIS, which may result in the revocation of your H-1B petition.
If your employer dismisses you from employment before the end of your period of authorized H-1B stay, the employer is liable for the reasonable costs of return transportation to your last place of foreign residence.
However, your employer is not liable for return transportation costs for your family members.
If you voluntarily terminate your employment prior to the expiration of the validity of the H-1B petition, this means that you have not been dismissed and your employer is not liable for the cost of return transportation.
If you believe that your employer has not complied with this requirement, you may advise the USCIS Service Center that adjudicated your H-1B petition in writing. The complaint will be retained in the USCIS file relating to the petition.

I) What if I have to switch jobs from one employer/location/responsibilities to another?
During the initial 6 year H1B period (before i140 approval):

If the change in location is outside of your geographical area (i.e., city or metropolitan statistical area), and/or you have a material change in job responsibilities, including promotions, the company may be required to file an amended H-1B petition on your behalf.
Any change in job location or job duties should be brought to the attention of your Human Resources/Immigration Department and/or immigration lawyers immediately.
In case of "H1B transfer," you can start working for the new employer upon filing of the new H1B petition, i.e. they don't have to wait for the approval notice of the new H1B petition.
If the new H1B petition is rejected you can go back to working for your earlier employer who filed your previous H1B petition.
After changing H-1B employers in accordance with USCIS procedures for making such a change, an H-1B visa holder may continue to use their original H-1B visa for entry into the United States.
For the fiscal year 2024-25, the H-1B transfer/extension fee can range from $460 to $780 depending on the size of the employer. The lower fee is for small employers and nonprofits.
H-1B transfer/extension costs include the filing fee for another I-129 petition and the optional premium processing fee.
The Public Law and Anti-Fraud fees are only applicable once per beneficiary per employer. The fee is incurred when companies aim to extend the stay of their current H-1B employees and not when transferring employees between companies.
The ACWIA fee has to be paid for the first extension through the same employer but does not have to be paid for the 2nd or subsequent extension.

J) Can my spouse work in the United States?

H-4 spouses are not eligible for work authorization unless they have an approved Employment Authorization Document (EAD) through their H-1B spouse's approved Form I-140 immigrant worker petition (takes 2.5-4years). You can also use an approved I-140 from an old employer to apply for H4-EAD.