H-1B: How the Process Works

Overview of the H-1B

This article will briefly discuss the process of applying for an H-1B Temporary Worker visa. An H-1B visa application is essentially a two-step process involving two government agencies: the Department of Labor and the U.S. Citizenship and Immigration Services. Properly filing the paperwork can be tricky because the two agencies require different information from both the Employer and the Employee. If the application is filed correctly however, with all pertinent information included, then approval may granted quicker than other type of work visas.

The H-1B visa is designed to allow specially skilled workers to temporarily work in the U.S. If granted, the H-1B permits the beneficiary to work and reside in the U.S. for a maximum of 6 years. Scientists, engineers, programmers and a wide range of foreign professionals may apply for an H-1B.

The H-1B Process

First, the Employer must offer a job to a prospective Employee. This may sound obvious, but important information must be negotiated before applying for the H-1B, such as salary, job qualifications and other relevant information. This information is sent to the Department of Labor to review the legality of the job offer. Once approval is given, the Employee may apply for the H-1B through U.S. Citizenship and Immigration Services.

Processing Times and Fees

Processing times range from two to four months if submitting the application via regular service. USCIS offers a Premium Processing Service however which processes H-1B applications in 15 calendar days.

Filing fees at the time of this writing (April 2011) are as follows: a) $325 basic filing fee; b) $500 Fraud Prevention and Detection fee; and c) $750 (if Employer has exactly 25 or less full time employees) or $1,500 (if over 25 full time employees). The Premium Processing Service fee is an additional $1,225.

There are no exceptions to sections (a), (b) and the Premium Processing Service fee. There are however a few exceptions to (c). Additionally, the Premium Processing Service fee must be paid and applied by the Employer only. If USCIS does not process the Premium application within 15 calendar days, the fee will be refunded but will still continue to be processed.

Benefits of H-1B Status

The beneficiary of an approved H-1B visa receives many benefits. Their employment and wages are secured and cannot be "benched" without a bona fide reason

Shawn Hu is a Chicago Immigration lawyer. He helps people and businesses file visa applications, fight deportation proceedings, and everything in between.

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