when should i have an attorney for h1b visa application

by Bill Steuber PhD 7 min read

If you are on an L1 visa or another visa status, it’s best to contact an immigration attorney to explore your specific case. Your H-1B visa can be sponsored by your current employer or a new, prospective employer. What is important is to reach an agreement that the employer, whether new or existing, is willing to sponsor you. H-1B Visa Application

Full Answer

Do I need a lawyer to apply for an H1B visa?

 · For example – Sam is an immigration attorney who charges $150/hour for his services. Michael hires Sam to file his H 1b visa application and a pre-consultation of 1 hour. It took Sam 4.5 hours to make the whole application. So the billing would be $675 in this case. Visa versa, you may find attorneys charging in packages such as Sam may file ...

When to apply for an H-1B visa for a foreign worker?

H1B Visa attorney. By: Shah Peerally Esq. Those of you, who are moving into the United States and in need of a visa, either for yourself or for a family member, you should seriously consider hiring an H1B visa attorney who has the experience in handling immigration related affairs. This will not only help you understand the system but also make the whole process streamlined and …

How much does it cost to hire an attorney for H-1B?

 · Since U.S. immigration law is controlled by federal law, a lawyer can represent a client in connection with an H1B visa application anywhere in the U.S. as long as the lawyer is admitted to and in good standing of a state bar. AILA member. H1B visa law and immigration law in general is highly complicated. It is important for any lawyer you’re considering to be …

Is the H-1B visa application process changing in 2021?

 · Here are some tips from US attorney Sandra Valenzuela that will come handy before applying on April 1st, 2018: Find an employer who you will undoubtedly sponsor you and not back off at the last moment. Get selected at least before February ends because then you have only a month to file your petition. Keep all your documents updated and ready.

image

Do I need an attorney for H1B visa?

If you are applying for an H1B visa for a potential employee or if your intended employer is seeking H1B status on your behalf, having a qualified immigration attorney will help ensure a smooth process.

How much does attorney charge for H-1B?

Attorney FeesCase TypeUSCIS FeesInitial Attorney FeeH1B (new)$460 + $1,500* + $500 (if applicable)Contact UsComplex H1B$460 + $1,500* + $500 (if applicable)Contact UsH1B (transfer, extension, amendment)$460 + $1,500* + $500 (if applicable)$1,400H-4 dependent (with H1B)$370$400

How much time it takes to get H-1B petition approved?

USCIS takes 15 days to adjudicate plus mailing time for Approval Notice; a total of approximately 5 weeks. Employee has to obtain visa and travel to U.S., that takes approximately one month (longer if a background check is initiated). That means: You should send us your request 2 1/2 - 3 months ahead of time.

Can an immigration lawyer help speed up process?

While an immigration attorney cannot per say “speed up” your case, the immigration attorney is knowledgeable in immigration law and will know the best strategy and options for your case. Undeniably, this avoids any unreasonable delay by anyone lacking specialized knowledge in this area of law.

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

How Much Will Sponsoring an H1-B Visa Cost an Employer? An H-1B Visa (or H-1B transfer) will cost you around $5000 (including government fees). Immigration lawyer fees should costs $2000 to $3000, while filing fees are around $3000.

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

If I would like to work in the US, can I apply for an H-1B visa by myself? No, this is not possible. To apply for this visa, you must have a job offer from a U.S. company or organization.

Can you work while waiting for H1B approval?

If the H-1B petition is pending beyond October 1, you can remain in the U.S. based on the pending change of status petition. However, you must stop working until the H-1B petition is approved.

Can H1B be rejected after lottery?

Chances of H1B Rejection After Lottery Selection? The chances of H1B approval or denial after lottery selection vary by your employer and the documents submitted. Almost 30% of H-1B applications filed by IT consulting companies like Cognizant, Capgemini are denied by USCIS as per past data.

Is H1B RFE common?

It seems that more and more H1B petitions end up with an RFE. Ever since 2015, when the RFE rate was merely between 10% and 30%, the percentage has grown, reaching 60% in 2019.

How much would a immigration lawyer cost?

Hourly Rates Our hourly rate ranges between £150.00-250.00 per hour plus VAT. The rate will depend on the complexity of the case and the urgency. We will discuss the rate with you at the initial appointment. Our fees exclude VAT, Home Office application fees, disbursements and expenses.

What do immigration lawyers do?

Immigration lawyers represent individual and business clients before the USCIS, the Board of Immigration Appeals, and in Immigration Courts and the federal circuit courts on issues dealing with immigration, emigration, visas, green cards, adjustment of status, political asylum, and other important immigration and ...

Can you speed up visa application?

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.

Do I need to file an I-129?

The employer must have received an approval of the Labor Condition Application before filing the I-129 form. After approval, the employer is obligated to file a Form I-129 (Petition for a Nonimmigrant Worker), filing fee, supplementary documentation, and the approved Labor Certification Application.

What is the form for ETA 9035?

The U.S. employer is required to submit Form ETA-9035 (Labor Condition Application). The Labor Condition Application is mandated to be filed online through the Department of State’s iCert Portal System. The employer must have received an approval of the Labor Condition Application before filing the I-129 form.

What is the I-129 form?

Once the LCA process has been completed, the employer can proceed to submit the H-1B petition by filing the I-129. Form I-129 is officially known as the Petition for Nonimmigrant Worker. The employer must be sure to include the employment letter with the position’s exact duties, dates of employment, detailed description, salary offered, position requirements, contact information, etc.

How to determine prevailing wage?

The prevailing and actual wages should be confirmed by the State Employment Security Agency. If the prevailing wage exceeds the offer made by the prospective employer then a wage determination will be sought. It’s important to ensure that the foreign worker will not be working below the minimum. The prevailing wage in a specific location. The Foreign Labor Certification Data Center maintains the prevailing wage determinations by location. The prevailing appropriate wage for H-1B visa applications can be determined using any of these three sources: 1 A Prevailing Wage Determination obtained from the National Prevailing Wage and Center (NPWC). 2 A survey conducted by an independent authoritative source. 3 Another legitimate source of wage information.

What is the purpose of prevailing wage?

The purpose of the prevailing wage is to ensure that the foreign worker is not underpaid compared to other workers offering the same or similar service in the same area of employment.

image