WHAT ARE THE DEPARTMENT OF LABOR AND USCIS REQUIREMENTS FOR H1B VISA?

Immigration Lawyers

WHAT ARE THE DEPARTMENT OF LABOR AND USCIS REQUIREMENTS FOR H1B VISA?


To get an H-1B visa, there must be a job offer from the U.S. employer who is willing to sponsor an H1B applicant by filing an H1B petition with the United States Citizenship & Immigration Service (USCIS).


What are the department of labor and USCIS requirements for H1B Visa

An H1B employer seeking the services of an H-1B worker can be a person, firm, corporation, contractor or other association or organization in the United States with an IRS tax identification number. There must be an employer-employee relationship, where the employer may hire, fire, pay, supervise or otherwise control the work of the employee- thus independent contractor arrangement would most likely not qualify to get H1B visa.

Once a prospective H1B employee has done his/her credentials evaluation that shows he/she is a "professional" for H1B purposes and once the H1B employer is ready, willing and able to sponsor the H1B worker the Employer's lawyer needs to file all the appropriate forms with the Department of Labor and Immigration Service. Each H1B petition may only include one worker.

WHAT H1B PAPERS SHOULD EMPLOYER FILE WITH THE IMMIGRATION SERVICE?

After the LCA is approved, the H1B employer should file H1B application directly with the Immigration Service. Your H1B immigration attorney should prepare all the necessary H1B forms and file them with the Immigration service.

WHEN SHOULD H1B VISA APPLICATION BE FILED?

H1B visa application should be filed between April 1 and October 1 of the current calendar year. The USCIS issues only about 66,000 H1B visas per year and those H1B applicants who file during the month of April and May have the highest chance of getting approved, since the limited quota for H1B visas runs out very quickly. Its important to file H1B visa as soon as possible during April or May. Call our office at (213)534-1827 so we could schedule a first free consultation regarding the processing of your H1B application as soon as possible to file your H1B application before the H1B quota is exhausted.

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