How Do I File H-1B Petition?

by | Last updated on January 24, 2024

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  1. Step 1: Review the Job Description to Ensure It Qualifies as a Specialty Occupation. ...
  2. Step 2: Determine the Rate of Pay for the Position. ...
  3. Step 3: Notify the U.S. Workforce. ...
  4. Step 4: Submit Labor Condition Application (LCA/Form 9035/9035E) to the DOL for Certification.

How much does it cost to file H-1B petition?

The USCIS fee for the H-1B petition is $460 . USCIS requires employers to pay an additional $500 Fraud Prevention and Detection Fee when filing “initial” or “change of employer” petitions. (The $500 fee does not apply to H-1B “extension” petitions.) These two fee payments must be separate (not combined-amount) checks.

How can I file H1B petition?

Can we file H-1B petition online?

In order to submit an H-1B registration, you must first create a USCIS online account . The initial registration period for FY 2022 will open at noon Eastern Time (ET) on March 9 and run through noon ET on March 25. Both representatives and registrants must wait until March 9 to create and complete H-1B registrations.

What is the process to file H-1B?

Here are the steps you need to go through in order to apply for the H1B visa: Make sure you qualify for the H1B visa. Find a petitioner by applying for a job opening in the United States. Have the petitioning initiated by your employer .

Who pays for a H-1B visa?

To file an H1B petition using the I-129 form, the cost to the employer is $460. It is the employer’s responsibility to pay the filing fee.

Can I apply for H-1B visa on my own?

You cannot file your own H1 visa petition . Only your prospective employer who has given you a job offer may file your H1B petition on your behalf. If your case is approved, your employer will receive Form I-797 Notice of Action and forward it to you.

Will there be another H-1B lottery in 2022?

USCIS today began notifying employers and their immigration counsel of the results of a second selection lottery for the FY 2022 H-1B cap. Employers whose H-1B registrations are selected in the second drawing will have from August 2, 2021 , to November 3, 2021 to submit their petitions.

Is H-1B lottery really random?

The H-1B lottery is currently completely random . USCIS selects randomly from those that completed the H-1B registration accurately. Due to demand, USCIS randomly selects 85,000 registrations to be sent to processing.

Can I file H-1B now?

You may file an H-1B petition no more than six months before the employment start date requested for the beneficiary. The specific filing period and filing location for your petition will be located on your H-1B Registration Selection Notice.

How much does H-1B visa cost?

H1B fee Amount (US $) Who pays? Registration Fee $10 Employer Basic visa filing fee (I-129 form) $460 Employer Public Law 114-113 Fee $4000 Employer Premium Processing (optional) $2,500 Employer or employee

Is it easy to get H-1B visa?

How Difficult Is It To Get an H1B Visa? H1B visa requirements can be difficult to meet because you must first be hired by a U.S. employer who is willing to sponsor you. ... H-1B visas are employer-sponsored, which means foreign workers cannot apply for H1B on their own.

What documents do I need for H-1B visa?

  • Appointment schedule letter.
  • DS-160 barcode confirmation.
  • Original H-1B visa approval notice (Form I-797)
  • Letter for the H-1B visa application provided by your employer.
  • Petition for nonimmigrant workers, Form I-129.
  • Payment stubs for at least the last three months.

How much does it cost to sponsor a H-1B?

The filing fees for an H-1B are $460 or $500 and then either $750 or $1,500 , depending on the size of the company. If the employer works with an attorney, they would generally have to pay another $3,500 for an H-1B.

What is the cost of filing LCA for H-1B?

Question: Is there a fee to file a Labor Condition Application (LCA) with the Department of Labor for the H-1B, H-1B1 or E-3 programs? Answer: No. There is no fee to the employer or worker to file an LCA with the Department of Labor.

How much does it cost for company to sponsor visa?

Petitioning for foreign workers in the H-1B and permanent employment-based visa sponsorship processes can be an expensive. Sponsoring a nonimmigrant employee for the H-1B can cost anywhere between $1,250 to $4,500 in filing fees alone, not including fees paid to attorneys to facilitate the process.

Maria LaPaige
Author
Maria LaPaige
Maria is a parenting expert and mother of three. She has written several books on parenting and child development, and has been featured in various parenting magazines. Maria's practical approach to family life has helped many parents navigate the ups and downs of raising children.