Archives October 2023

H-1B Visa- Everything You Need To Know

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.

Attorney Fees for H-1B Visa
What’s included with 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.

  • Attorney Fees for H-1B Visa Amount ($)
  • Registration Fee $10
  • Premium Processing Fee $2,500
  • Public Law 114-113 Fee $4,000, if more than employees of this employer are H1B or/and L1 visa holders.
  • Basic Filing Fee $460
  • USCIS Anti-Fraud Fee $500
  • ACWIA Education and Training Fee $750 to $1,500, depends on the numbers of the employees in this employers name.
  • Attorney Fee $500 to $2,500+

Here’s more information about what you can expect 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)

Here are 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.

  1. Job RequirementsThe 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
  • The H-1B worker must have a Bachelor’s degree or higher.

2. 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.

3. 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

H-1B Filing Important Dates

In order to apply for the 2024 round of visas, employers must submit an H-1B electronic registration between March 1 and March 18, 2023.

  • Work placements are able to begin as early as October 1, 2023.
  • Each year’s dates may vary slightly—however, registration typically occurs in March.

Here’s how you can check your H1B visa status.

How long does it take to process an H-1B Visa?

  1. The H-1B Visa process typically takes between one to six months. However, timelines may vary based on the processing center, the applicant’s country of origin, and possibly other factors.
  2. An H1B immigration attorney may help speed up the processing time by helping submit a correct application for review.

H-1B Visa Cap
The United States allows 65,000 H-1B visas to be administered annually, in addition to 20,000 for H-1B advanced degree exemption. Due to the limited number of visas, this system is often referred to as a lottery.

Who Qualifies as Cap Exempt?
There are two exceptions to this cap, which include:

  • H-1B1 program: employers can temporarily hire workers from Chile or Singapore for specialty occupations.
  • E-3 program: employers can temporarily hire workers from Australia for specialty occupations.
  • If the applicant is married or has children, they are exempt from the cap and can apply under the H-4 Visa.

Questions asked in H1B visa interview
The following is a list of questions you can expect to answer during an H-1B Visa interview. Consult an immigration lawyer for H1B assistance in interview preparation.

Are you married? If yes, for how long?
Do you have family in the United States?
Are you planning to return to [country of origin]? If so, when? Why?
Did you apply for an immigrant visa for any other country?
Why do you wish to visit the United States?
Have you been to the United States before?
What will your job be?
What are your qualifications for this job?
What did you study to be able to do this job?
Have you studied or worked in the United States?
Have you ever traveled outside the country before?
Why do you want to work in the United States?
In addition, the officer will ask you if you intend on staying in the United States, as some individuals try to use the H1B to green card process as their access point. Speak to a work visa attorney before pursuing this route.

If you need help filing the H-1B Form, wang law llc can help.

Form I-512 V I-131: What You Should Know

At a Glance: I-512, also known as Advance Parole, is a travel document required by non-immigrants in the US, such as TPS beneficiaries, status applicants, refugees, and asylum applicants, to re-enter the country without affecting their status. It functions similarly to a visa and is valid for one year, allowing multiple entries. Form I-512 is filed through Form I-131, and supporting documents and fees are required. It’s essential to have an approved I-512 before traveling outside the US to avoid complications. The processing time is typically 120 days, and fees vary depending on the application type.
Advance parole—also known as form I-512—is designated for adjustment applicants. That is to say, it is a form of temporary travel authorization. But what is it that you should know about it? This guide includes essential information on the topic.

What Is I-512?
Non-immigrants in the US, including TPS beneficiaries, status applicants, refugees, and asylum applicants have to obtain Advance Parole or form I-512 in order to re-enter the US without affecting their status. For the most part, form I-512 works similarly to a visa when it comes to entering the US.

In comparison with a Reentry Permit, an Advance Parole Document accounts for a standard, letter-size piece of paper. In most cases, form I-512 is valid for one year, and it can be used for multiple entries. At the same time, it’s worth noting that you should have several copies of the documents – one for the applicant, one for the USCIS, and one for the airline. When you travel back to the US, the document will be stamped.

With that in mind, an airline might accept advance parole in exchange for a visa. That is to say, it substitutes the authorization of traveling to the US. However, this form cannot be issued to replace your passport. Also, you cannot use it as a substitute for the normal visa-issuing process. It is basically a document, a piece of paper that gives you the authorization to enter the US.

Who Needs to File Form I-512?
Moving on to the people that need advance parole, there are several cases in which this is mandatory. The following people need to file Form I-512:

  • If you have filed an application for adjustment of status and it’s pending.
  • If you have been allowed to enter the US as a refugee and you received asylum.
  • If you received benefits under the Family Unity Program.
  • If you received Temporary Protected Status (TPS).
  • If your application for asylum is pending.
  • If you have a personal reason to travel abroad.


On the other hand, there are non-immigrants in the US that aren’t eligible to get advance parole. That is to say, if you’re in the US without valid immigration status, then you might not be eligible. At the same time, if you are currently involved in removal proceedings, you cannot file form I-512.

Required Documents for I-512
In order to get advance parole, you’ll have to file form I-131 – this is basically an application for a travel document. In addition to that, you should provide supporting documentation and passport photos. You’ll also have to pay an application fee before having the interview at a local USCIS office or the service center in your proximity.

Your application for form I-131 should be approved prior to traveling outside the US. As a matter of fact, if you travel outside the US without the form I-512, your application might be denied or abandoned. This is why you should avoid doing this.

Note that if you’re applying for advance parole and, at the same time, you’re applying for an employment authorization document (EAD), USCIS facilitates a type of combo card, so to speak. That would be a sort of alternative to the EAD card, which also serves as I-512 Advance Parole. This eliminates the need to carry a separate Advance Parole document and an EAD, as the new card is durable and safer than the existing Advance Parole document. In order to get the EAD and Advance Parole Card, you have to file forms I-765 and I-131.

How to Fill out Form I-512
It’s worth noting that you should double-check all the information you include in the form I-512 prior to sending it. Even the tiniest, insignificant mistakes on your travel document could lead to costly delays and rejections, which is why you should double-check everything.

The good thing is that for the most part, filling out form I-131 is quite self-explanatory and straightforward. The best way to fill out the form, though, is on your computer. However, if you want to write the form, you should use black ink. If a question doesn’t apply in your case, then you should type N/A in the box, as opposed to leaving the space blank.

Part 1 – This part consists of private background information, including your address, class of admission, your status when you first entered the US, and so on and so forth.
Part 2 – This focuses on the type of application; you should check box 1d.
Part 3 – This entails processing information, such as the date of departure, and the duration of your trip. Even if you don’t have a trip planned, you shouldn’t worry about it, as the USCIS doesn’t need to know precisely in advance. You might write something such as TBD, which stands for to be determined. Also, you should leave parts 4, 5, and 6 blank.
Part 7 – You should complete this section if you’re applying for advance parole. At this point, you have to include the documents that showcase your eligibility to get the document.
Part 8 – The signature of the applicant. You should sign and correctly date your application. Make sure you also include a phone number so that you could be reached if anything. Note that the form is rejected if it doesn’t have a signature.
Part 9 – This section includes information about the person who assisted the applicant in filling out the form if this applies to your case.


Where to File I-512
Here you can find a useful chart, indicating where you have to file the form to get the advance parole document.

How Much Does I-512 Cost?
The cost of advance parole varies. For instance, when applying for a re-entry permit or an advance parole document, the fee for filling out form I-131 is $575. For those applying for a refugee travel document, the form fee is $105. When applying for a re-entry permit, for applicants between the ages of 14 to 79, there is also a biometric fee of $85 that applies. The same goes for refugee applicants between 14 and 79 years old.

When you file a payment, this means that you agree to pay for this service provided by the government. Note that the fees aren’t refundable, irrespective of the results of the application. You can find out more information regarding the costs that apply in your case here.

I-512 Processing Time
For the most part, the processing time for form I-512 is of 120 days. But it can be more than this in some cases. This might be problematic in case you want to travel due to an urgent scenario. On top of that, the USCIS doesn’t usually provide expedited requests when it comes to advance parole documents.

Conclusion
All in all, we hope that this article was insightful in the sense that it offered answers to some of the questions you had regarding form I-512. Generally, this document isn’t required for traveling to different parts of the US, but you should still check with your transportation carrier beforehand to ensure that.