an H-1B Visa Petition

Sponsoring
an H-1B Visa Petition
WITH
V I S A N OW
fein
For the Employer
Welcome to VISANOW
We’re glad to be your immigration partner. It’s our mission to make
sure that you have the most efficient application process possible. This
guide will walk you through the VISANOW web application, immigration
process and help you to successfully file an H-1B visa petition.
table of contents
01
02
03
Visa Overview
3
The Application Process
5
Post-Approval Options
11
SPONSORING AN H-1B VISA PETITION
2
01
Visa Overview:
H-1B PERSON IN SPECIALTY OCCUPATION
The H visa program allows international employees to enter
the United States and work for a fixed period of time. U.S.
Citizenship and Immigration Services (USCIS) created multiple
subcategories for the most common employment situations.
The H-1B visa is designated for individuals working in a
specialty occupation. These professions usually fall into the following industries:
healthcare, biotechnology, human resources, education, engineering,
information technology, computer sciences and management. Additionally, the
visa petitioner must have a bachelor’s degree (or foreign equivalent) and be paid
at least the prevailing wage for the job.
Did you know?
The H-1B visa is dual intent, meaning its holders may apply for legal
permanent residency, commonly known as a green card, under this status.
Validity Period
Tip
RENEWALS
INITIAL STAY
TOTAL STAY
H-1B holders who’ve completed select
portions of the green card application
Up to
Extensions of up to
3 years
3 years
granted
process can extend their status beyond
6 years
the six-year max-out date. Learn more in
the HR Guide to Green Cards (http://www.
visanow.com/resources/PDF/VISANOWHR-Guide-GreenCards.pdf).
SPONSORING AN H-1B VISA PETITION
3
01 VISA OVErVIEW
The H-1B Cap
H-1B CAP
BREAKDOWN
CAP OPENS APRIL 1
The U.S. government limits the number of new H-1B visas
granted each year to 65,000. This number is known
as the “cap.” As a result, April 1 — the first day H-1B
petitioners may file new applications — is referred to
as the start of cap season. The cap and filing deadline
doesn’t apply to transfer cases.
NUMBER OF PETITIONS
85,000
TOTAL PETITIONS
accepted
RECEIV ED IN LAST THREE YEARS
233,000
124,000
FY2016
FY2014
172,000
FY2015
NUMBER OF DAYS
20,000
BEFORE CAP REACHED
SPECIALTY WORKERS WITH
advanced degrees
58,200
all SPECIALTY WORKERS
6,800
SPECIALTY WORKERS FROM
Chile
AND
Singapore
7 DAYS
72 DAYS*
236 DAYS*
2016
2015
2014
2013
2012
301 DAYS
266 DAYS
2011
2010
*Days before cap reached for general pool. All other data are both general pool & advanced degree pool.
SPONSORING AN H-1B VISA PETITION
4
02
Application Process
Here is an overview of the application process.
FILING ACTIVITIES
DATA GATHERING
4
Documents for case
submitted to VISANOW
11
Approval notice issued
1-3 weeks
VISANOW-retained attorneys
review information and
prepare case
Government reviews
and adjudicates
(15 days
with premium
processing)
3
10
4-6 months
Questionnaire completed
Receipt notice issued by
government; receipt
number posted
(7-10 days
with premium
processing)
2
9
2-3 weeks
1
Case opened
< 1 week - multiple weeks (Depends on HR and employee)
TN
KEY
CASE FINALIZED
6
ETA 9035 Labor Condition
Application (LCA) submitted
to Department of Labor
7
ETA 9035 (LCA) certified
8
Final attorney review and
case sent to government
SPONSORING AN H-1B VISA PETITION
1-3 days
VISANOW
Government
Note: This is a general timeline. The actual time required to complete a case may vary.
For more specific timelines, please post to the VISANOW Communication Center.
Appointment times have not been included in this timeline.
7-10 business days
Customer review of case
Employee
1-2 days
5
(Depends on HR)
HR
5
02 aPPLICATION PROCESS
Step 1: Send account invite to your candidate
Creating an account for your international employee allows him or her to upload documents and ask attorneys
questions directly through the Communication Center. Reference the Onboarding Guide (http://www.visanow.
com/resources/PDF/VISANOW-Onboarding-Guide.pdf) for information on sending account invites.
SPONSORING AN H-1B VISA PETITION
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02 aPPLICATION PROCESS
Step 2: Complete the Questionnaire
case statusES
The Questionnaire needs to be filled out by
both you and your foreign national candidate.
Not all questions will be applicable to your case. Simply
input “N/A” into the field if a question doesn’t pertain
to your situation. Note: The application process cannot
progress until the Questionnaire has been completed.
Case Statuses
Questionnaire
The Questionnaire helps attorneys gather important
application information needed to prepare the case.
This needs to be fully completed and payment needs to
be received before moving on to the next step.
To complete this step, submit the case for attorney review.
Attorney review
Dependent Visas
When a case is in attorney review, it means that an
attorney is drafting forms, reviewing documents or
finalizing a case.
Employees may be accompanied by their spouses and
unmarried children 21 years and younger with an H-4
nonimmigrant dependent classification. Dependents
are allowed to study while they have H-4 status. Select
spouses are entitled to work authorization once the H-1B
holder has reached a certain point in the green card
application process. Ask your employee if he or she is
interested in filing dependent visa petitions. For help
opening dependent petition cases, contact your VISANOW
account representative.
Customer action needed
The attorneys can’t continue working on the case until
you or your employee complete a specific action. Log
into the account and view the case or Communication
Center to review the action item. Necessary steps may
include providing documents, reviewing forms and
letters, and making payments.
Sent
The completed application was sent to USCIS for
processing. Some applications are sent directly to the
visa applicant if consular processing is necessary.
Complete
The application has been approved by the government.
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02 aPPLICATION PROCESS
Step 3: Upload supporting documents
Supporting Documentation
• All previous form I-797 Approval Notices
Company Documents:
• Statement of work or itinerary of engagement
• Pay stubs for the last two pay periods
• Financial statements or annual report
• Previous employment authorization document
cards, if applicable
• Catalogs, brochures or other marketing literature
• Employment contract
• Company letterhead (if new to VISANOW)
• FEIN letter from IRS (if new to VISANOW)
Employee Documents:
• All prior I-20 Certificates of Eligibility for
Nonimmigrant Students, if applicable
• All prior dates spent inside the United States in
H-1B and L-1 Intracompany Transferee status
• Visa stamp
• Passport
• Education evaluation
• Form I-94 Arrival/Departure Record
• Diploma
• Transcripts or mark sheets
Recommended if the employee has a nonU.S. degree. Contact the customer support
team for more information.
• Resume or curriculum vitae
Note: This is not a complete list of documents, and all might not apply to your
particular case. Attorneys will upload a list specific to your case once they finish
reviewing your Questionnaire.
For a printer-friendly document list, download the H-1B Checklist (http://www.visanow.
com/resources/PDF/H1-B-Checklist.pdf). Please reference the Onboarding Guide
(http://www.visanow.com/resources/PDF/VISANOW-Onboarding-Guide.pdf) for
instructions on how to upload documentation.
To complete this step, submit the case for another attorney review.
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02 aPPLICATION PROCESS
Step 4: Review forms and letters
Once the attorneys draft the forms and letters that will be submitted with the visa
application, you and your candidate will have the opportunity to review each
document for accuracy.
Action Needed.
• If you see any errors or need to make updates, those changes can be made
in the web application.
REVIEW DOCUMENTS
• Please reference the Onboarding Guide (http://www.visanow.com/resources/
PDF/VISANOW-Onboarding-Guide.pdf) for instructions on how to review and
approve forms.
After the documents and forms have been submitted and approved, the attorneys will review the case
again before completion.
To complete this step, submit the case for a final attorney review. This review period takes between
three to five business days.
Step 5: Attorneys file Labor Condition Application (LCA)
First, the attorneys will obtain a prevailing wage determination from the Department of Labor (DOL),
which is an industry-standard wage assessment for your employee’s position in your region. Once that’s
completed, the attorneys will prepare the LCA packet, comprised of forms and letters promising the DOL
you will treat the international worker fairly and pay him or her the prevailing wage for the position. Once
the LCA is certified, the rest of the application can be completed.
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02 aPPLICATION PROCESS
Step 6: Petition filed with USCIS
Once the application has been prepared, the VISANOW-retained attorneys will send
the completed I-I29 Petition for a Nonimmigrant Worker along with all supporting
documentation to USCIS for arrival on April 1.
Updates that are received from the government agency will be posted in your
Communication Center.
USCIS takes three to five months to process any H-1B case. Some important dates and
timelines are included below.
Important Dates
By MARCH 20
When attorneys file LCA
• Processing time is seven to 10 days.
Process
time
• The certified LCA must be received by March 31 for the
attorneys to file the H-1B application.
APRIL 1
The first day USCIS accepts H-1B visa applications.
APRIL 7
The likely date USCIS will stop accepting cap submissions.
MAY-JUNE
Receipt numbers for petitions accepted into the lottery will be provided by the USCIS.
If your petition was not accepted in the lottery, the government will return your
application to VISANOW via mail.
• If your petition is not accepted in the lottery, VISANOW will refund your
government filing fees.
• VISANOW will refile your case in the following year’s lottery for free if no changes
need to be made to the petition. Note: While we’re not recharging you for service
fees, you’re still responsible for government fees.
JUNE-OCTOBER
OCTOBER 1
USCIS adjudicates the applications accepted into the lottery.
First date a new H-1B holder can begin work. If the candidate is not in H-1B status when
the case is filed, he or she will have to wait until the change of status is approved
to begin working, unless the individual is holding another status that provides work
authorization.
SPONSORING AN H-1B VISA PETITION
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02 aPPLICATION PROCESS
Transfer Cases
Transfer petitions don’t have to follow this timeline since they are not subject to the cap. Instead you can
sponsor the case any time of the year.
When can your new employee begin working? There are two options:
1. He or she may begin working at your company as soon as USCIS has received your petition packet.
Once we have confirmation from our shipping service that your packet arrived at its destination, we
will advise you that your new employee can begin working.
2.Some companies prefer to wait until they have received an official receipt notice from USCIS to
allow the individual to begin working. If this is the case, the receipt number will arrive in two to three
weeks if the petition was filed without premium processing and within 72 hours if it was filed with
premium processing.
PREMIUM PROCESSING
You can elect to have an H-1B cap case premium processed. This allows
you to hear back from USCIS earlier if the case was accepted into the
lottery and will provide expedited adjudication after acceptance, but
does not increase the chance of being accepted.
fein
SPONSORING AN H-1B VISA PETITION
11
03
Post-Approval Options
Renewals
Your employee’s H-1B status is valid for up to three years. After
that period, you can sponsor the individual for a renewal of up to
MAX
an additional three years. Since there is a six-year max-out date
6 yearS
with H-1B visas, we recommend you consider whether you’d like to
sponsor the employee for legal permanent residency (a green
card) within the first two years of employment. The green card
application and approval process takes multiple years to complete,
but planning ahead will allow you to retain valued international talent for the long haul.
Learn more about the green card application process in The HR Guide to Green Cards
(http://www.visanow.com/resources/PDF/VISANOW-HR-Guide-GreenCards.pdf).
Questions? Contact us aT
[email protected]
VISANOW.COM
Content in this publication is not intended as legal advice, nor should it be relied upon as such. For additional
information on the issues discussed, consult a VISANOW-retained attorney or another qualified professional.
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