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H-1B Visa: Four Key Requirements

By Bill at February 18, 2017 17:50
Filed Under: Visa Knowledge
USCIS will start accepting cap-subject H-1B visa petitions on April 1, 2017. Below are the four key requirements you must fulfill to apply for an H-1B Visa. For each requirement, we have linked forms of evidence that you may submit to meet the requirement and other tips to help you prepare your petition.
  1. You must have an employer-employee relationship with the petitioning U.S. employer. more tips
    In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker. 
  2. Your job must qualify as a specialty occupation by meeting one of the following criteria: more tips
    • A bachelor's degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
    • The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor's degree in a field related to the position;
    • The employer normally requires a degree or its equivalent for the position; or
    • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.
  3. Your job must be in a specialty occupation related to your field of study. more tips
  4. You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.more tips 
    The prevailing wage is determined based on the position in which you will be employed and the geographic location where you will be working (among other factors).
U.S. employers are always looking for skilled foreign workers. They are expected to file more than 200,000 H-1B visa petitions during the first week of April! Please make sure you polish your resume and update your career profiles regularly

H-1B Dependent Employer and Willful Violator

By Bill at February 14, 2017 16:42
Filed Under: Visa Knowledge
Before applying for visa jobs, you should know whether the employers are Willful Violator Employers or H-1B Dependent Employers or Debarred/Disqualified Employers! 

Willful violator employers are the employers who have committed either a willful failure or a misrepresentation of a material fact when hiring foreign workers. 

An employer is considered H-1B dependent if it has:
  • 25 or fewer full-time equivalent employees and at least eight H-1B nonimmigrant workers; or
  • 26 - 50 full-time equivalent employees and at least 13 H-1B nonimmigrant workers; or
  • 51 or more full-time equivalent employees of whom 15 percent or more are H-1B nonimmigrant workers.
Both willful violator employers and H-1B dependent employers must comply with additional attestations when filing Labor Condition Applications(LCA) for H-1B Visa. So it is very important for you to know if an employer is on the lists. 

With our new database engine, you can now search all LCA filed by either willful violators and/or H-1B dependent employers. Believe it or not, those employers have filed over half a million LCA since 2011! There is another list called Debarred/Disqualified Employers who have been debarred/disqualified from approval of petitions for nonimmigrant visa. It is a good habit if you bookmark and check the list every month! 

The employers are always looking for skilled workers, make sure you polish your resume and update your career profiles regularly



Not all jobs are created equal!
http://www.myvisajobs.com

Best season to find a visa job

By Bill at August 21, 2016 18:32
Filed Under: Tips and Features, Visa Knowledge
In the US, recruiting and hiring is year round. However, the busiest hiring season is the autumn(Labor Day through Thanksgiving). Job seekers who make contact right at the start of these cycles have the best chance of being hired! 

In September, decision makers are back from summer vacation. Hiring managers push for an increase to take advantage of remaining budget for the year. If they don't hire before January, they might lose the allocated funds for new employees. CEOs also try to reduce operating profits by incurring search fees towards the end of each year, to avoid paying taxes! 

The slowest season for hiring and job hunting are the holiday season(Thanksgiving through New Year's) and summertime (Memorial Day through mid-August). That's why the employers want to get new recruits in before December. 

The U.S. unemployment rate dropped to 4.9% in July 2016(about 2.9% for computer professionals, 1.7% for engineers and 2.4% for business and management occupations). Now is the best time to start job search, take actions now!
  1. Conduct a self-assessment to determine skills and talents, then update your career profile.
  2. Use real time H1B database to conduct market research, and identify employers in need of your skills and talents.
  3. Craft an industry-specific resume and cover letter, and upload them to job candidate database.
  4. Utilize Resume Blasting Service and Smart Apply Service to pitch large number of employers.
  5. Negotiate and evaluate job offers by researching how similar H1B jobs are paid.


Not all jobs are created equal!
http://www.myvisajobs.com

FAQs: Employment Authorization for Certain H-4 Dependent Spouses

By Bill at April 21, 2016 00:27
Filed Under: Immigration News, Tips and Features, Visa Knowledge

Frequently Asked Questions

Determining If You Are Eligible to Apply for Employment Authorization

1.As an H-4 nonimmigrant, would my employment authorization be limited to just my H-1B spouse’s time under AC21? For example, if my H-1B spouse’s petition is approved for the remaining time left in the 6-year period of admission plus the one year under AC21 §§ 106(a) and (b), and my H-4 status is granted the same period of time, how long will my employment authorization be valid for?

Your employment authorization expiration date generally will match your H-4 nonimmigrant status expiration date. USCIS may grant employment authorization for the maximum time allowed even if the AC21 §§ 106(a) and (b) portion of your H-1B spouse’s extension is only for part of the full validity period. Under this scenario, your H-1B spouse’s extension has been granted under AC21 §§ 106(a) and (b), so you would be eligible for employment authorization for as long as your H-4 status is valid

2.Is this a one-time opportunity?

No, this is not a one-time opportunity. If you are a H-4 nonimmigrant who obtains employment authorization under 8 CFR 274a.12(c)(26), you may file to renew your employment authorization and receive a new EAD as long as you remain eligible for employment authorization as described in 8 CFR 214.2(h)(9)(iv).

3.Do I need to be in the United States to apply for employment authorization based on my H-4 status?

Yes, you must be in the United States to apply for employment authorization. You must be in H-4 status to be eligible for employment authorization, and an individual outside of the United States cannot be in H-4 status.

4.Am I eligible for employment authorization if USCIS revoked my H-1B spouse’s approved Form I-140 petition?

In order to qualify for employment authorization as an H-4 nonimmigrant, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I-140. If USCIS revokes the Form I-140 petition, your H-1B spouse is no longer the beneficiary of an approved Form I-140. Therefore, you would not qualify for employment authorization based on that eligibility criterion. You may still qualify for employment authorization if your H-1B spouse has received an extension of stay under sections 106(a) or (b) of AC21.

5.My H-1B spouse’s approved Form I-140 was filed by a previous employer. Am I eligible for employment authorization?

For you to qualify for employment authorization based on your H-4 status, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I-140. USCIS does not require that the approved Form I-140 be filed by your spouse’s current employer or by the same employer who filed your H-1B spouse’sForm I-129, Petition for a Nonimmigrant Worker.

6.What happens to my employment authorization if USCIS revokes my H-1B spouse’s Form I-140?

We have the discretion to revoke your employment authorization if your H-1B spouse no longer has an approved Form I-140 or is no longer eligible for H-1B status under sections 106(a) and (b) of AC21. Both you and your H-1B spouse must be maintaining your nonimmigrant status for you to be eligible for employment authorization under 8 CFR 274a.12(c)(26).

7.If I am granted H-4 employment authorization, can I work anywhere (including starting my own business)?

Yes. If you are granted employment authorization based on your H-4 status, your employment authorization is unrestricted. This means that your employment authorization is not limited to a specific employer. It also does not prohibit self-employment or starting a business.

8.Can I employ other people?

As noted above, employment authorization based on H-4 status under 8 CFR 274a.12(c)(26) is unrestricted. Such employment authorization does not prohibit self-employment, including situations where the H-4 nonimmigrant hires individuals as employees of their business.

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Applying for Employment Authorization

1.Can I file the following applications/petitions concurrently?

a.An H-1B extension of stay petition, an H-4 extension of stay application, and an application for employment authorization?

Yes. You may file your Form I-765, Application for Employment Authorization together with your Form I-539, Application to Extend/Change Nonimmigrant Status and the Form I-129, Petition for Nonimmigrant Worker filed on behalf of your H-1B spouse. For extensions of nonimmigrant status, the Form I-129 for your H-1B spouse can be filed no more than six months before the date that the employer needs your spouse to work.

b. A new H-1B petition, a new H-4 change of status application, and an application for employment authorization?

Yes, but this scenario is possible only if your H-1B spouse has an approved Form I-140 or is requesting an extension of stay under sections 106(a) and (b) of AC21. Your spouse’s employer can file Form I-129 for your H-1B spouse no more than six months before the date the employer needs your spouse to work.

Please note that under this scenario, we cannot adjudicate your Form I-765 until we make a determination about both your H-1B spouse’s eligibility for H-1B status under sections 106(a) and (b) of AC21 and your eligibility for H-4 nonimmigrant status.

In either of the above scenarios, USCIS will not begin the 90-day interim EAD clock until we make a decision on your spouse’s H-1B status and your H-4 status.

c. A Form I-485, Application to Register Permanent Residence or Adjust Status, and an application for employment authorization under category (c)(26) at the Lockbox address for Form I-765 category (c)(26)?

No. You cannot file a Form I-765 for category (c)(26) together with a Form I-485, Application to Register Permanent Residence of Adjust Status at the Lockbox address for Form I-765 category (c)(26). If filing a Form I-485, you must follow the Form I-485 filing instructions and submit your Form I-485 to the correct filing address for that form. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). Filing a Form I-765 for category (c)(26) at locations noted for a Form I-485 locations may result in processing delays. If you are filing Form I-765 together with Form I-485 at the I-485 filing locations,you should specify your work eligibility category as “(c)(9)” and pay only the Form I-485 filing fee (and not the Form I-765 filing fee) to avoid processing delays.

2.Where should I File Form I-765 for category (c)(26)?

For information on where to file a Form I-765 for category (c)(26), please visit the Employment Authorization for Certain H-4 Dependent Spouses Web page. Please note, filing Form I-765 for category (c)(26) at locations other than those noted may result in processing delays or rejection.

3.Will the Form I-765 be a paper-based application, or will it be an electronic application?

If you are applying for employment authorization based on your H-4 nonimmigrant status, you must file a paper Form I-765 application. We will not accept electronic Form I-765 applications.

4. There are multiple versions of Form I-765. What version of Form I-765 should I use?

While USCIS is currently accepting the older versions of Form I-765 with edition dates of 02/13/15, 05/27/08 or later, we encourage H-4 applicants to use the newer version with an edition date of 11/04/15 in order to prevent delays or the need for USCIS to issue you a request for evidence.

5. What evidence should I, as an H-4 nonimmigrant, submit to demonstrate my eligibility for employment authorization?

When applying for employment authorization based on your H-4 nonimmigrant status, submit the following with your application to demonstrate eligibility:

  • Evidence of your H-4 nonimmigrant status;
  • Evidence of your qualifying spousal relationship with the H-1B principal nonimmigrant (such as a copy of your marriage certificate);
  • Evidence of your spouse’s H-1B nonimmigrant status, such as:
    • A copy of Form I-797, Notice of Approval, for Form I-129 filed on your H-1B spouse’s behalf (if already approved and not being filed with your application for employment authorization);
    • A copy of your H-1B spouse’s Form I-94, Arrival-Departure Record;
    • The receipt number of the approved Form I-129 filed on behalf of your H-1B spouse (if already approved and not being filed with your application for employment authorization); and/or
    • A legible copy of the personal data pages of your H-1B spouse’s passport, the visas on which he or she last entered the United States, and the latest U.S. admission stamps in his or her passport.
    • If you are applying for employment authorization based on your spouse’s grant of H-1B status under AC21 §§ 106(a) and (b), include the following evidence:
  • Evidence that your H-1B spouse is the beneficiary of a Permanent Labor Certification Application filed at least 365 days before the expiration of his or her six-year limitation of stay as an H-1B nonimmigrant. Such evidence may include, but is not limited to:
    • A copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the Permanent Labor Certification Application filed on your H-1B spouse’s behalf; or
    • If DOL certified the Permanent Labor Certification, a copy of Form I-797, Notice of Receipt, for Form I-140 establishing that Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification Application; OR
  • Evidence that your H-1B spouse’s Form I-140 was filed at least 365 days before the expiration of his or her six-year limitation of stay as an H-1B, and the Form I-140 remains pending. Such evidence may include, but is not limited to:
  • A copy of your H-1B spouse’s Form I-797 Receipt Notice for Form I-140; or
  • The receipt number of your H-1B spouse’s the pending Form I-140 filed on behalf of the H-1B spouse.
  • If you are applying for employment authorization based on your spouse being a beneficiary of an approved Form I-140, include evidence that the Form I-140 filed on your H-1B spouse’s behalf has been approved. Such evidence may include, but is not limited to:
    • A copy of the Form I-797 Approval Notice for Form I-140; or
    • A copy of the Form I-797 Receipt Notice for Form I-140 along with an explanation about why the Form I-797 Approval Notice is unavailable.

If you cannot submit the evidence listed on the Basis for Work Authorization section, you must demonstrate your inability to submit such evidence and instead submit secondary evidence, such as an attestation that lists information about the underlying Form I-129 or Form I-140 petition.

Such attestation can include the receipt number of the most current Form I-129 extension of stay filed on your H-1B spouse’s behalf or the receipt number of the approved Form I-140 petition filed on your H-1B spouse’s behalf, and the petitioner’s/beneficiary’s names in the underlying Form I-129 or I-140. If you cannot obtain such secondary evidence, explain your inability to do so and submit two or more sworn affidavits by non-parties who have direct knowledge of the relevant events and circumstances.

6. Will USCIS require me to submit original documents with my application for employment authorization?

As noted in the instructions for Form I-765, Application for Employment Authorization, you may submit a legible photocopy of an original document with your application, unless we later specifically request the original document in a request for evidence. If you submit original documents when not required, those documents may remain a part of the record and will not be automatically returned.

7. Will premium processing be available for Form I-765, Application for Employment Authorization?

No. Premium processing is not available for Form I-765 applications filed by H-4 dependent spouses under 8 CFR 274a.12(c)(26).

8. What if my Form I-539 for H-4 status is still pending on May 26, 2015? Can I file Form I-765 immediately? Will USCIS match my Form I-765, Application for Employment Authorization to my pending Form I-539?

If you have filed a Form I-539 and it is still pending on May 26, 2015, we encourage you to wait until your Form I-539 has been adjudicated before filing a Form I-765. This will prevent delays in the adjudication of your Form I-765. Additionally, because we anticipate a high volume of filings, we cannot guarantee that we will be able to match your Form I-765 with your Form I-539.

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How We Will Adjudicate Your Application for Employment Authorization (Form I-765)

1.Will USCIS cut off Forms I-765 after receiving the anticipated number of applications stated in the rule?

No. There is no cap on Forms I-765 filed based on H-4 dependent spouse eligibility under 8 CFR 274a.12(c)(26).

2.Does USCIS expect any changes to the Form I-140 immigrant petition process based on this regulation change?

No. We do not anticipate any changes in the way officers adjudicate Form I-140 immigrant petitions.

3.I am an F-1 nonimmigrant who possesses Optional Practical Training (OPT) employment authorization. Would there be continuous employment if I file a petition requesting H-4 nonimmigrant status concurrently with an EAD?

As an F-1 nonimmigrant who has employment authorization under OPT, you are allowed to work only as long as the OPT authorization remains valid. Filing an application to change status from F-1 to H-4 nonimmigrant status and/or an application for employment authorization based on H-4 status does not extend your employment authorization under OPT or any previously granted employment authorization. If you file a Form I-539 requesting to change your nonimmigrant status to H-4 and you include a Form I-765, we will adjudicate your Form I-765 only after we adjudicate your Form I-539 and grant you H-4 status.

4.Will USCIS backdate the beginning validity date on the EAD to the start of my H-4 status if the Form I-539 is adjudicated before Form I-765?

No. We will not backdate the validity date of your EAD to the time your H-4 status was granted. Your EAD will be valid beginning on the date that USCIS adjudicates your Form I-765 or the date you acquire qualifying H-4 status, whichever is later. Additionally, your EAD will expire when your H-4 nonimmigrant status expires.

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While Waiting for USCIS to Adjudicate Your Application for Employment Authorization (Form I-765)

1.Can I travel while my Form I-765 is pending?

You may travel if you are in valid H-4 status and meet all the admission requirements, including having a valid H-4 nonimmigrant visa. However, traveling outside of the United States could cause delays in your case. While you are outside of the United States, we may need additional information to make a decision on your Form I-765 or we may issue a Notice of Intent to Deny (NOID) with an opportunity to respond. If you do not respond on time to a Request for Evidence (RFE) or to the NOID, we may deny your case as abandoned. Additionally, travel outside of the United States may also cause possible delays if we need to reschedule your appointment at an Application Support Center.

Finally, please note that if you file Form I-765 concurrently with Form I-539 requesting a change to H-4 status from a different nonimmigrant classification, we will deny your Form I-539 as abandoned if you travel abroad while your Form I-539 is pending. In this case, we would also deny your Form I-765.

If you choose to depart from the United States before your pending change of status application is approved, we will deny your Form I-539 and Form I-765, even if you are re-admitted as an H-4 nonimmigrant.  In such cases, after being admitted into the United States as an H-4 nonimmigrant, you will need to a file a new Form I-765.

2.How long will it take USCIS to adjudicate my Form I-765?

The timeline will vary from case-to-case. Currently, the processing time for Form I-765 is 90 days (3 months). Please note that if you file a Form I-765 based on your H-4 nonimmigrant status under 8 CFR 274a.12(c)(26) concurrently with a Form I-129 and Form I-539, the processing timeline will not begin until we have made a decision on your spouse’s eligibility for H-1B status and/or your eligibility for H-4 status. Processing may also be delayed if the evidence included with these benefit requests does not establish eligibility and we need to issue an RFE or NOID.

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Once You Receive Employment Authorization

1.Can I use my EAD to enter and exit the country?

No. An EAD issued to an H-4 dependent spouse under 8 CFR 274a.12(c)(26) is not an entry document. If you have H-4 nonimmigrant status and depart the United States, you must use your valid passport and H-4 nonimmigrant visa (unless you are visa exempt) or other travel document to return to the United States.

How to Find a Cap-Exempt H-1B Job

By Bill at April 15, 2016 02:48
Filed Under: Immigration News, Tips and Features, Visa Knowledge

USCIS has reached the congressionally mandated H-1B cap for fiscal year 2017 on April 7. However, USCIS will continue to accept and process petitions that are otherwise exempt from the cap. 

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at

Petitions filed on behalf of current or former H-1B workers who have been counted previously against the cap, and who still retain their cap number, also do not count toward the cap. Accordingly, USCIS will continue to process fiscal year 2016 and 2017 petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States.
  • Change the terms of employment for current H-1B workers.
  • Allow current H-1B workers to change employers.
  • Allow current H-1B workers to work concurrently in a second H-1B position.
  • Allow recapture of the time that H-1B workers spent outside the U.S.
  • Change status back to H-1B from other status like H-4 or F-1.

New Law Increases H-1B and L-1 Petition Fees

By Bill at March 27, 2016 18:04
Filed Under: Immigration News, Visa Knowledge

The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015.

The additional fees apply to petitioners who employ 50 or more employees in the United States, with more than 50 percent of those employees in H-1B or L (including L-1A and L-1B) nonimmigrant status. These petitioners must submit the additional fees with an H-1B or L-1 petition filed:

  • Initially to grant status to a nonimmigrant described in subparagraph (H)(i)(b) or (L) of section 101(a)(15) of the Immigration and Nationality Act; or
  • To obtain authorization for a nonimmigrant in such status to change employers.

This fee is in addition to the base processing fee, Fraud Prevention and Detection Fee, American Competitiveness and Workforce Improvement Act of 1998 fee (when required), as well as the premium processing fee, if applicable. Public Law 114-113 fees will remain effective through September 30, 2025.

USCIS is in the process of revising Form I-129, Petition for a Nonimmigrant Worker and Form I-129S, Nonimmigrant Petition Based on Blanket L Petition to reflect the provisions of Public Law 114-113. Petitioners should continue to complete Item Numbers 1.d. and 1.d.1 of Section 1 of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement (Page 19 of Form I-129) and Item Numbers 4.a. and 4.b. of the L Classification Supplement (Page 22 of Form I-129).

USCIS may begin rejecting petitions received on or after Feb. 11, 2016 that do not complete Item Numbers 1.d. and 1.d.1 ofSection 1 of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement and Item Numbers 4.a. and 4.b. of the L Classification Supplement, or include the additional Public Law 114-113 fee, if applicable. During the 30 day period immediately following this web alert, USCIS may issue a Request for Evidence (RFE) to determine whether the additional fee applies to the petition. To avoid an RFE, petitioners should complete the questions on the Form I-129 noted in the paragraph above and submit the applicable fee when required. Because an RFE will be issued for the fee, rather than a rejection for the omission of the fee, USCIS will maintain the original filing date as the receipt date. Petitioners should wait to respond to the RFE before sending in the additional fee or an explanation of why the new fee does not apply.

If you previously submitted a petition with the additional fee and believe the fee was not required, please contact the National Customer Service Center at 800-375-5283 (TDD for the deaf and hard of hearing: 800-767-1833.

How to Make Sure Your H-1B Petition Is Properly Filed

By Bill at March 19, 2016 16:45
Filed Under: Immigration News, Tips and Features, Visa Knowledge
USCIS will begin accepting H-1B petitions subject to the FY 2017 cap on April 1, 2016. Please read this mail carefully to ensure your employer or attorney file the petition properly!
  1. Complete all sections of the Form I-129 petition, including the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement.
  2. Make sure each form has an original signature, preferably in black ink.
  3. Include signed checks or money orders with the correct fee amount.
  4. Submit all required documentation and evidence with the petition at the time of filing to ensure timely processing.
  5. Ensure there is only one H-1B position for the beneficiary of each petition.
  6. You must file the petition to the correct USCIS service center.
Following are more tips and knowledge about H-1B petition, PLEASE READ! USCIS employees use the information provided in Sections 2 and 3 (or Part C) of the H-1B Data Collection and Filing Fee Exemption Supplement to help us determine if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas. 

An advanced degree exemption is available for the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master's degree or higher. Once that limit is reached, any petitions filed for beneficiaries with a U.S. master's degree or higher will be subject to the regular cap, unless exempt for other reasons.more details

H-1B Petition Filing Tips

By Bill at March 17, 2016 00:51
Filed Under: Visa Knowledge

Form G-28, Notice of Entry of Appearance as Attorney or Representative

If the petitioner will be represented by an attorney or other accredited representative, submit a properly completed Form G-28, Notice of Entry of Appearance as Attorney or Representative. Please make sure you file the most recent version of the Form G-28 (edition date: 03/04/2015). For further information on Form G-28, please see our Filing Your Form G-28 page.

Form I-129, Petition for a Nonimmigrant Worker

  • Complete all sections of the form accurately.

 

  • H-1B cap petitions and advanced degree exemption petitions for the FY 2017 cap must include an employment start date of no earlier than October 1, 2016. Do not file petitions earlier than six months before the requested employment start date. We will reject H-1B petitions requesting an earlier employment start date or a start date of “As Soon As Possible” or “ASAP.”

 

  • Ensure that the petition is properly signed. An entity petitioning for an H-1B worker may authorize a Power of Attorney (POA) to sign their USCIS Form I-129 on its behalf. The I-129 must be signed in the original by the petitioner or POA. If signed by the POA, a copy of the POA must be included with the petition. It is recommended that all signatures on the petition be in blue ink to readily identify the original signature.

 

  • Petitioners should enter their own address in Part 1, question 3 of the Form I-129. This will ensure that the I-797 receipt and approval notices are sent to the petitioner and, if applicable, to the attorney/representative.

 

Please note: Using an address other than the petitioner’s address as the mailing address may cause processing delays related to USCIS’s Validation Instrument for Business Enterprises (VIBE). VIBE automatically uses the address provided on the petition to validate the petitioner’s current location. If petitioners use an attorney’s address on the Form I-129 petition, include a cover letter that clearly indicates the current address of the petitioner. This information will assist immigration services officers in completing a manual check in VIBE using the petitioner’s address. If a petitioner uses an attorney’s address as their mailing address on the form, then the petitioner will not receive any I-797 notices.

 

  • Ensure that the beneficiary’s name is spelled properly and that his or her date of birth is displayed in the proper format (mm/dd/yyyy). Also, review the country of birth and citizenship and the I-94 number (if applicable) for accuracy.

 

  • If the beneficiary will seek a visa at a consular office abroad, include a copy of the petition and supporting documentation with the filing. For cases where the beneficiary will seek a change of status or extension of stay in the United States, you may still submit a copy. You may choose to do this in case the beneficiary decides to seek a visa at a consular office abroad after the change of status or extension of stay is approved.

 

  • If the beneficiary is seeking an extension of stay or change of status, the petition should include evidence (such as a Form I-94 or Form I-797 approval notice) to establish that the beneficiary will have maintained a valid nonimmigrant status through the employment start date being requested.

 

  • The petitioner should include a copy of the beneficiary’s valid passport.

 

H Classification Supplement to Form I-129

Where do I find it?

What version of Form I-129 are you using?

Find the H Classification Supplement on:

Revision date of Aug. 13, 2015

Pages 13-14

Revision date on/after Oct. 23, 2014, but before Aug. 13, 2015

Pages 13-14

 

  • Please be sure to complete all sections of the form accurately.
  • In listing previous periods of stay in H or L nonimmigrant classification (question 3), please also include the actual nonimmigrant classification held (such as H-1B or L-1).
  • The petitioner must sign the form, preferably in black ink.

 

H-1B Data Collection and Filing Fee Supplement

Where do I find it?

What version of Form I-129 are you using?

Find the H-1B Collection and Filing Fee Supplement on:

Revision date of Aug. 13, 2015

Pages 19-21

Revision date on/after Oct. 23, 2014, but before Aug. 13, 2015

Pages 19-21

 

  • Please be sure to complete all sections of the form accurately.
  • Make sure the Form I-129 has a revision date ofOct. 23, 2014, or later.
  • Be sure to answer if the beneficiary has earned a master’s degree or higher from a U.S. educational institution as defined in 20 U.S.C. 1001(a).

Where do I answer?

What version of Form I-129 are you using?

Answer in H-1B Data Collection and Filing Fee Exemption Supplement:

Revision date of Aug. 13, 2015

·  Section 1, question 2, and

·  Section 3, question 2

Revision date on/after Oct. 23, 2014, but before Aug. 13, 2015

·  Section 1, question 2, and

·  Section 3, question 2

 

  • If you answer “No” to the question about whether the beneficiary will be assigned to work at an off-site location, then you do not need to respond to the remaining two questions in the section. 

Where do I find this question?

What version of Form I-129 are you using?

This question is:

Revision date of Aug. 13, 2015

The first question in Section 4 on page 21.

Revision date on/after Oct. 23, 2014, but before Aug 13, 2015

The first question in Section 4 on page 21.

 

Form I-907, Request for Premium Processing

  • Please be sure to complete all sections of the form accurately with original signatures. Note: We will only accept the March 4, 2015 or later edition of Form I-907.
  • The representative may sign in both Parts 4 and 5 of the Form I-907 if there is a valid Form G-28 with the filing. Otherwise, the petitioner’s signature is required. Preferably, signatures should be in black ink.
  • If you file the Form I-129 before the Form I-907, please include a copy of the Form I-129 receipt notice along with the Form I-907.

Organizing Your H-1B Package

By Bill at March 17, 2016 00:50
Filed Under: Visa Knowledge

Clearly label all H-1B cap cases, preferably in red ink, on the top margin of Form I-129. Use the following codes:

  • Write “Regular Cap” on petitions subject to the 65,000 regular cap, not including Chile/Singapore cap cases.
  • Write “C/S Cap” on Chile/Singapore H-1B1 cases.
  • Write “U.S. Master’s” on petitions subject to the 20,000 exemption for beneficiaries with U.S. master’s degrees or higher.

A separate check is preferred for each filing fee (Form I-129, Premium Processing, Fraud Fee, ACWIA fee, and Public Law 114-113). Staple checks to the bottom right corner of the top document.

 

Preferred order of documents at time of submission:

1.      Form I-907 (if filing for Premium Processing Service)

2.      Form G-28 (if represented by an attorney or accredited representative)

3.      Form I-129, Petition for a Nonimmigrant Worker

4.      Addendums/Attachments

5.      H Classification Supplement to Form I-129 and/or Free Trade Supplement (for H-1B1 Chile-Singapore petitions)

6.      H-1B Data Collection and Filing Fee Exemption Supplement

7.      All supporting documentation to establish eligibility. Provide a table of contents for supporting documentation and tab the items as listed in the table.

8.      Arrival-Departure Record (Form I-94) if the beneficiary is in the United States

9.      SEVIS Form I-20 if the beneficiary is a current or former F-1 student or F-2 dependent

10.   SEVIS Form DS-2019 if the beneficiary is a current or former J-1 or J-2

11.   Form I-566 if the beneficiary is a current A or G nonimmigrant

12.   Department of Labor certified LCA, Form ETA 9035

13.   Employer/attorney/representative letter(s)

14.   Other supporting documentation

15.   Copy of the petition, if necessary. Clearly mark it as “COPY” so that it is not mistaken for a duplicate filing.

 

How to mail multiple petitions together

If you will include multiple petitions in the same package, please place the individual petitions into separate envelopes within the package. Mark the individual petition envelopes with the following labels to identify the type of petition:

  • Master’s Premium
  • Master’s
  • Regular Premium
  • Regular
  • Chile/Singapore

H-1B Petition Premium Processing Service

By Bill at March 17, 2016 00:49
Filed Under: Visa Knowledge

H-1B petitioners may choose to file a Form I-907, Request for Premium Processing Service, to have their petition processed within 15 calendar days. To request premium processing, submit:

  • The Form I-907; and
  • The premium processing fee of $1,225. (This fee is in addition to the required base filing fee and other applicable fees that cannot be waived.)

You can file the Form I-907 and pay the premium processing fee:

  • At the same time you file Form I-129; or
  • At any time after you file Form I-129 while it is still pending.

If you request premium processing after you file Form I-129, be sure to include the receipt number (for example, EAC16 555 55555) of the Form I-129 in Part 2, question 2 of Form I-907. 

Note: We will only accept a Form I-907 with an edition date of Jan. 29, 2015, or later.  

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