The H-1B Visa is an opportunity for foreign nationals in specialized job fields to be sponsored by American companies and work in the US for up to six years.
If you meet these initial requirements, read on to find out the requirements of the H-1B visa and your obligations as an H-1B worker. Consider hiring a work visa attorney to help you do so.
H-1B Visa Attorney or H1B Visa Lawyer’s Fee
What’s included in the total H1B visa attorney fee you pay is dependent on your immigration lawyer and what you need assistance with, such as:
- Registration
- Filing all forms and support letters
- A Request for Evidence response
The typical fees you can expect to pay are below. All fees (except the premium processing fee) are paid by the employer.
| Fee Description | Amount ($) |
| Registration Fee | $10 |
| Premium Processing Fee | $2,500 |
| Public Law 114-113 Fee | $4,000 |
| Basic Filing Fee | $460 |
| USCIS Anti-Fraud Fee | $500 |
| ACWIA Education and Training Fee | $750 to $1,500 |
| Attorney Fee | $500 to $2,500+ |
Other Options to Pay
New H-1B Visa
An average H1B visa lawyer fee is $2,500. This fee may change depending on your specific legal needs.
H-1B Visa Renewal or Extension
A typical H1B immigration lawyer fee to renew or extend your H-1B application is $460. This covers the cost to file I-129. The H1B extension processing time is 15 days.
H-1B Visa Transfer
A H-1B visa transfer fee is between $1,710 to $6,460. This H1B transfer fee depends on whether your employer is required to pay the ACWIA Education and Training Fee, which is $750 for less than 25 employees and $1,500 for more than 25 employees.
Second Concurrent H-1B Visa
There’s an option for employees to work for two separate employers if the second employer files a petition for a concurrent H1B visa.
The same requirements and fees apply to a second petition. It remains your employer’s duty to demonstrate that you meet the knowledge and educational requirements of that position.
Step By Step H-1B Visa Process
To be eligible for the H-1B Visa, an employer must be willing to sponsor foreign nationals, providing a job offer that requires specialized skills. The H-1B is completed and paid for by the employer. The two most important components of this work visa are:
- H-1B Sponsorship by a US Employer
- H-1B petition to the United States Citizenship and Immigration Services (USCIS)
The steps you need to complete for the H-1B visa process.
Step 1: Form G-28
The employer’s H1B lawyer must file Form G-28. This form allows a work visa attorney to represent a client in an immigration case before the United States Department of Homeland Security.
It’s important that all sections of this form are completed, including the printed name of the attorney and the employer’s signature.
Step 2: Form ETA-9035 (Labor Condition Application)
The employer will need to next submit Form ETA-9035 (Labour Condition Application) through the Department of State’s iCert Portal System.
This form concedes that the employer will pay the foreign national the same wage as other qualified employees at the company. It also requires that the employer provide safe and equitable working conditions.
Step 3: Employer must receive approval of the Labor Condition Application
Prior to filing Form I-129, the employer must seek approval of Form ETA-9035 from the Department of Labor.
Step 4: Employer must file a Form I-129 (Petition for a Nonimmigrant Worker)
Once Form ETA-9035 has been approved by the Department of Labor, the employer will be required to submit the following documents and fees to the USCIS.
- Form I-129 (Petition for a Nonimmigrant Worker)
- Filing fee
- Proof of education
- Proof of qualifications and training
- Any other required documentation
When submitting documentation to the USCIS, make sure that Form I-129 is filed correctly. Pay extra attention to the following pages.
- Pages 11 to 12: Complete the H Classification supplement.
- Pages 17 to 19: Ensure that sections H-1B Data Collection and Filing Fee Supplement are complete.
Step 5: H-1B Premium Processing (form I-907)
Form I-907 (Request for Premium Processing Service) is the only fee paid for by the employee. This form will help process Form I-129 (Petition for a Nonimmigrant Work) and Form I-140 (Immigrant Petition for Alien Workers) faster.
Note: form I-907 can only be used once the employer or petitioner passes an inspection.
H-1B Visa Requirements
Before an employer considers hiring an H-1B worker, they should ensure that the future potential employee meets the following criteria.
Job Requirements The H-1B worker must:
- Be applying for a specialized job
- Meet the job requirements
- Be fully licensed in their field (if applicable). This includes having the appropriate training and certifications
Education Requirements for H1B Visa
The H-1B worker must have a Bachelor’s degree or higher.
Department of Labor and USCIS Requirements The Department of Labor and USCIS require that workers are in specialty occupations (science, business, education, medicine, biotechnology, etc.) or a fashion model of distinguished merit. As such, applicants should have a Bachelor’s degree or higher.
U.S. Employer Requirements To apply for an H-1B worker, employers must be able to hire for a specialized job, pay the foreign national a fair wage (comparable to other positions at the level they are hiring for), and produce equitable working conditions in accordance with the laws of their state and local geography. The employer must be able to provide the following information:
- Form I-129 (Petition for a Nonimmigrant Worker)
- Applicant’s resume
- Employment Contract
- Proof of education
- Relevant training certificates
- Professional membership documents
- All required filing documents
- A letter of support
- Form ETA-9035, Labor Condition Attestation (LCA)
- Form I-129 (Petition for Nonimmigrant Worker, with H-Supplement)
- I-129 Data Collection Supplement
- I-907 Premium Processing (if applicable)
- Signed Petitioner Letter of Support on Company Letterhead
- Speciality job description
- Fair and equitable wage information
- Certified Labor Condition Application;
- A copy of the worker’s passport
- I-94 Arrival/Departure record (if worker is in the United States lawfully)
- Worker’s degree, transcripts, with translations and educational evaluation if the degree is foreign
- Any additional requirements for the job (e.g. driver’s license)
- Supporting financial documents
- Company organizational and financial documents
Conclusion
In conclusion, navigating the complexities of the H-1B visa process is a pivotal journey for foreign nationals seeking to advance their careers in specialized fields within the United States. Understanding the various fees, requirements, and legal aspects is crucial for a successful application.
While the costs and paperwork may seem daunting, the opportunities that come with an H-1B visa can be truly transformative. By partnering with experienced immigration attorneys, individuals and employers can navigate H1B Visa path with confidence, ensuring that both their aspirations and the nation’s demand for specialized talent are met. As the global workforce continues to evolve, the H-1B visa program stands as a testament to the United States’ commitment to innovation and expertise from around the world.
Frequently Asked Questions:
Is there a salary requirement for the H-1B?
Yes, there is a salary requirement for the H-1B visa. Employers must ensure that the worker’s annual salary is at least $60,000.
Additionally, this salary should be in line with the compensation for employees in similar positions.
How long is an H-1B visa valid for?
The H-1B visa has a total validity period of six years. Initially, you are granted a three-year period of stay.
Subsequently, you have the option to request an extension for an additional three years. It’s worth noting that H-1B extension processing typically takes around 15 days.
What is the cost of sponsoring an H-1B?
The total cost associated with sponsoring an H-1B worker can vary, ranging from $1,700 to $6,500 in the year 2023.
The specific cost depends on various factors, including your choice of H1B attorney, optional fees, and employment criteria.
Can employees cover H-1B lawyer fees?
In most cases, it’s the employer who covers the attorney fees for the H-1B process.
Who is responsible for H-1B visa fees?
Employers are responsible for covering the H-1B visa fees. H-1B employees are typically only responsible for the premium processing fees.
How should H-1B filing fees be paid?
Employers are required to pay all H-1B filing fees. These fees can be submitted via various methods, including money order, personal check, cashier’s check, or by credit card using Form G-1450 (Authorization for Credit Card Transactions).
All checks should be made out to the U.S. Department of Homeland Security. Please note that all fees are non-refundable, even if a petition is later withdrawn. It’s important to submit fees separately, as combining payments may result in rejection.
