H1B Visa Application: Everything You Need to Know

H1B Visa Application_ Everything You Need to Know

 

The H1B visa allows foreign nationals to perform specialty occupations in the United States. It exists for occupations in a variety of different fields. There are 65,000 H1B visas made available with the standard H1B cap, and an additional 20,000 H1B visas are available for advanced degree holders.

 

In this guide, we’re going to discuss the what materials are needed for going for forward with an H1B visa application, and the general process involved with it. If you have any questions, feel free to email me directly at Michael@AshooriLaw.com. I’m very responsive via email and I would be happy to help you.

 

Overview:

 

  1. Filing the Labor Condition Application
  2. What evidence is required for an H1B application?
  3. More details on H1B filings are impacted
  4. After filing: What comes next?
  5. Conclusion

 

 

1. Filing the Labor Condition Application

 

If you are selected in the H1B cap-subject lottery, the very first step afterward is to have a LCA (Labor Condition Application) filed on your behalf and certified by the U.S. Department of Labor.

 

In general, an LCA cannot be filed more than 6 months in advance from the time employment begins. Its primary purpose is to certify that the employee will be paid at least the prevailing wage for their tentative occupation. The prevailing wage is based on both the nature of the position and the geographic area in which the beneficiary will be working.

 

It is highly recommended that an experienced immigration attorney handles the filing of your LCA, as making sure the information is correct and that all questions are properly answered is crucial.

 

Once the LCA has been approved and certified, the H-1B petition can be moved forward with.

 

2. What evidence is required for an H1B petition?

 

Integral to the success of any H1B petition is the strength of evidence that accompanies it.

 

USCIS discusses its primary evidence requirements for the H1B in its instructions for the I-129 form (Petition for a Non-Immigrant Worker).

 

As discussed, if your petitioner has registered for the H1B cap-subject lottery and you are selected, you are eligible to have an H1B cap-subject petition filed on your behalf. But, there are some requirements.

 

First, your proffered position has to qualify as a specialty occupation. This is often an area of contention between USCIS and immigration attorneys. USCIS offers the following definition of a specialty occupation:

 

A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires the attainment of a bachelor’s or higher degree in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.”

 

Proving that a position is a specialized one is one reason why strong evidence is needed for H1B petitions. Guidelines on required evidence include:

 

  • Evidence that a labor condition application (LCA) has been certified with the U.S. Department of Labor;
  • Evidence showing that the proposed position qualifies as a specialty occupation;
  • Evidence that the beneficiary has completed necessary education (at least a U.S. bachelor’s degree or its equivalent)
  • A signed employment agreement between the employee and employer;
  • Any licenses that may be required for the proffered position (for example, architects may be required to submit proof of licensure with a relevant regulating body).

 

Supplementary evidence includes a resume for the beneficiary, proof of immigration records/visas for the beneficiary; the beneficiary’s passport; information about the petitioner (such as financials, documents establishing the nature of the business, photographs, etc.); among others.

 

These items comprise the body of a standard H1B petition. If an H1B petition is issued a request for evidence, more information can be gathered.

 

Since USCIS implemented its new electronic registration system, a registration confirmation number is also required for submission with the H1B petition. Additionally, if the beneficiary is required to work off-site, all location where they will be working must be provided.

 

3. More details on how H1B filings are impacted

 

USCIS lists three relevant laws with impact the filing of H1B visa petitions, those being:

 

  • The American Competitiveness and Workforce Improvement Act (ACWIA)
  • The H1B Visa Reform Act of 2004
  • Public Law 114-113

 

The ACWIA provides that petitioners complete a Data Collection supplement in the I-129. Currently, the fees for H1B petition are mandated by all three laws. For all H1B petitions, a $460 I-129 filing fee is necessary. See the following for details on additional fees:

 

Public Law 114-113 mandates that in addition to the $500 Fraud Prevention and Detection fee (required by all petitioners), petitioners must pay a $4,000 fee if:

 

  • They employ more than 50 employees in the United States;
  • And, more than 50 percent of those employees are in H-1B (or L-1A/B) status

 

4. After filing: What comes next?

 

With standard processing, USCIS can take anywhere from 3 months to a year to review and adjudicate an H1B petition. If a petitioner decides to opt for premium processing (which requires an additional $2,500 fee), a decision can be reached in a maximum of 15 days.

 

If USCIS determines that more evidence is needed to issue a decision on a petition, they may issue a RFE (Request for Evidence), which typically gives petitioners approximately three (3) months to respond.

 

5. Conclusion

 

When all steps have been properly followed, the H1B application and filing process can be completed in a way that is not overly complex. In any case, it is recommended that you seek the assistance of an experienced immigration attorney.

 

If you have any questions or would like assistance with the H1B application process, myself and my team would be happy to assist. Please feel free to email me directly at Michael@AshooriLaw.com. I am very responsive via email and would be happy to help you.

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AN
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14:54 14 Dec 22
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09:12 14 Dec 22
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06:13 14 Dec 22
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Linda Bradley
04:04 14 Dec 22
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Leva Eghbali
20:50 06 Dec 22
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Molly Hagman
05:29 24 Nov 22
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Anatolii Makarov
03:38 24 Nov 22
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Glen Robinson
02:08 23 Nov 22
Fast and efficient lawyer
akbar pirani
15:22 22 Nov 22
The most genuine people out there ! I was super impressed with thier honesty .Special thanks to Ms Lindsey ..We need people like you in this world !Best wishes to Ashoori Law.
Sam Bourgi
00:58 22 Nov 22
I discovered Ashoori Law after doing research on U.S. visa and immigration programs for Canadians. I came across Michael Ashoori’s YouTube channel, which, in retrospect, has the best explainer videos for U.S. immigration on the internet. After... watching his videos for a few weeks, I set up a consultation with Ashoori Law and was immediately connected with attorneys Ehsan Mehri and Lorianne Cercenia.I came into this fairly knowledgeable about the U.S. immigration system and what program I wanted to pursue. After reviewing my situation during the initial consultation phase, Ehsan explained what programs I’m eligible for as a Canadian. Lorianne was assigned my case and got to know my unique situation. She then recommended a visa option I had no clue existed – and it saved me a lot of time, money and headaches.Over the next few months, Lorianne collected my documents, prepared my application and helped me build a strong case for my visa. She was always extremely responsive and knowledgeable about the immigration system. When I attended my interview at the U.S. consulate, my application was quickly approved. That’s because I was prepared for everything, and my supporting documentation was iron-clad.I can’t speak highly enough about Ashoori Law. They took the time to get to know me and gave me a solution that matches my current set of circumstances. Their customer service is unmatched, and their knowledge of the immigration system is top-notch. I was reassured from the very beginning that my application was in good hands.Overall, I’m extremely satisfied with the whole process. I got exactly what I wanted. I’ll be working with Ashoori Law for all my immigration needs moving forward. Thank you, Lorianne and team!read more
Oubai Al Hendi
18:34 20 Nov 22
Ashoori Law had helped me with my O1 application. I cannot thank Michael, Jonathan and Ehsan enough for their real and genuine advisory and assistance all the way from the first contact till approval. The approval that I could have in a record time... of 2 days after submission due to my profile and their work to show it in the right way to the officer. I highly recommend them for O1 tech startups applicants.read more
leena Alhelo
01:51 15 Nov 22
Great to work with! They explain everything in detail and made the process very easy and fast. highly recommended
Kay Qiao
20:27 08 Nov 22
Very efficient, very professional, very responsive. Can't be more appreciated with their dedicated team work. Thank you so much!!
Shane Teelucksingh
19:26 07 Nov 22
Researched quite a bit before eventually selecting Ashoori Law as my attorney partners and I'm happy that I did . They are responsive, helpful and guide you through the entire process. I had many questions, and they had the answers and all... challenges were quickly addressed. Lahaina led my particular journey and provided quick feedback all along the way. They have a competent team and their portal makes submitting documentation really simple while allowing you to review where you are in the process, which I personally found extremely useful. A very good blend of technology and proficiency. Would definitely recommend.read more
Shamzil Ramiz
07:57 07 Nov 22
Excellent response..
Sanket Shah
00:29 04 Nov 22
Ashoori law is a Fantastic law firm, They are very Professional and Knowledgeable specially Attorney : Lahaina Araneta. As soon as I signed on they got to work right away to start gethering all Details. Anytime I had questions Lahaina Araneta is... ready to give me quick Answer. I felt our case was in good hands. The team is very responsive and knowledgeable, and they work hard to keep up to date with all the latest changes in immigration law.Definitely we will use them Service again in Future.Highly recommend.read more
Krishna Mukkera
23:30 31 Oct 22
Provided excellent support/guidance on the I-90 renewal application. Strongly recommend them.
Fari Hamid
10:03 29 Oct 22
My family and I hired Ashore Law to consult with, and to handle our immigration case whilst our migration from Pakistan to the USA. Ashore Law proved to be completely professional, functional and delivered services without any problems or... complications arising throughout our process. Their staff is indeed highly trained, extremely courteous and thoroughly professional. Ashore Law represented our case, on our behalf, and they delivered what they promised. Our applications for US immigration (E2) made through Ashore Law were handled very well throughout the process, and my family and I faced no difficulties whatsoever. I would definitely highly recommend Ashore Law for E2 consultancy services any day!read more
Copier clearance center
22:04 28 Oct 22
Michael Ashoori from the Ashoori Law firm has changed our family's life! We were here in the USA on a E2 non immigration Visa and thought we would be stuck with the E2 visa with no chance of immigration! When we contacted Michael and told him our... situation, he listened and started a game plan for us right away with an EB5 immigration Visa, Today we checked USCIS website for case update and we were thrilled when we saw our case approval notice. WOW LIFE CHANGING!!! We definitely recommend Ashoori Law firm for all your immigration services.read more
Kalubi Fwanyanga
19:44 28 Oct 22
I retained Michael and team to help ease the process of filing and also just guide us so we do don’t experience any hurdles and sure enough, when submitting the paperwork, me and hubby forgot to append our signatures on one of the forms and Michael... and team immediately noticed before the forms were sent, the process went as smooth as it can be and guess what, after 3 months submitting the documents to uscis, I received my work permit and SSC and after 10 months into the processing period, we received my parole approve notice and a date for our interview appointment! To add a cherry to the cake, the team has availed itself for any questions and guidance to thoroughly prepare us for the interview! What higher manner of professionalism can be exhibited above this! The team is fully engaged and we are grateful.read more
Aidana Ibraeva
17:07 27 Oct 22
I don’t often write reviews, but in this case I just don’t want to miss the opportunity to write about these people who are really professionals and know their business very well.If you’re still doubting whether or not you should choose them, I... can assure you that you won’t be left disappointed.read more
SangJo Kang
22:57 26 Oct 22
Me and my wife applied for green card through Ashoori Law last December and our case were approved this October. I was in J-1 visa and applied NIW case. They really helped us out from the beginning, especially helping me writing the recommendation... letters. It seemed like their law firm had a lot of people who were very experienced and they answered all the questions that I had. They even had a backup strategy for me if my case was not approved after my visa was expired. I really appreciate all their hard work and kindness and I highly recommend others if they are seeking immigration to the US. I would definitely contact them when I need help for my immigration status.read more
alinafe joshua
18:38 26 Oct 22
Thank you so much! I can't tell you how much I appreciate the amazing legal work you did on my behalf. You and your team are so understanding, helpful and fast in doing things I recommend anyone who needs help to not hesitate but to contact you ASAP.
arshad mohammed
07:50 25 Oct 22
I am very happy and pleased to be writing this review. I came to know about Ashoori Law Firm through you tube videos and decided they are the best firm for my L1A petition, they proved my belief to be 100 percent right and got approval for my case... within five months on the first go. I thank the wonderful team who were very helpful and courteous during the entire process and helped me and answered all my queries promptly. I will be suggesting the firm to many of my friends who are willing to immigrate to The United states.read more
K and G Murphy
23:20 21 Oct 22
They were very patient in waiting for us to get everything we needed and made the process fast and easy. We didn’t even have to do an interview. My wife has a 10 year residency card and right to work. Thank you
Mike Latreille
19:49 20 Oct 22
Ashoori Law was the best choice I could have made for my immigrating from Canada to the US .. their legal team has been easy to work with …super efficient and very professional and always there when I needed guidance or direction..I am greatful for... there team and would highly recommend them to anyone looking for an immigration firm to represent them on their journey . A very special thanks to Michael Ashoori, Mathew Larsen and Jeser Romero.. for there attention to detail and impeccable professionalism .. Thanks again Michaelread more
Abdul Salman
17:59 19 Oct 22
Received EAD today. Ashoori have professional attorneys, they are very helpful and filing fees are affordable . Definitely recommend my family and friends. Hopefully I receive my Green card soon.
Sean Machii
05:23 19 Oct 22
Thank you for helping me to get the E2 visa. Ashoori Law team is professional and explain everything I need to know in detail. Highly recommend this law firm for E2 visa.
Eric Askerov
17:18 14 Oct 22
Ashoori Law is a law firm you can trust and be sure they won’t leave you alone with your problems. I’ve been working with a few other lawyers before, but they all are working with you only because of money and don’t really care about you and your... situation.I contacted Ashoori Law’s team with an urgent situation and they were able to take my case, get everything done super smooth and fast. Ashoori Law’s team is reliable, professional and easy to work with. They take care of everything, all you need to do is cooperate and provide necessary papers on time.I highly recommend the firm and specially Shruti, who was working on my case. Only 5 star!read more
Genx Solutions LLC
21:55 13 Oct 22
They handled my E2 process professionally. Collecting all the necessary documents were done systemically. I'm fully satisfied with the service. Michael review the file personally and answer any questions come up. Would recommend Ashoori Law office... with no doubt.read more
Frida Davidsson Art
19:39 13 Oct 22
I’m very happy I choose Ashoori law! They have been so helpful and very quick with responding! Whenever I have questions they really take their time to explain, and my case has been processed quicker expected! Everything has been going very smooth... without any issues. I strongly suggest Ashoori Law!read more
Hiitokiri
00:13 12 Oct 22
Milena she will take care of you in your case of the Mater. Experience and excellent service she explained everything in to easy detail...I give her 💯 top notch service if you have any questions she respond back fast efficient...quick and... easy process....and make it easy for you to process your paper work....thank you so much Milena OUSTANDING Work!!! Thanks Ashoori Lawread more
Guru
19:36 11 Oct 22
Excellent service extended by Lorianne & team @ Ashoori Law. Kudos.
Brian Tetreault
02:37 06 Oct 22
Fantastic experience with Ashoori Law. Michael and his team were methodical in their handling of our E2 case. Communication with the firm was excellent and all queries were responded to in a timely manner. I would highly recommend Ashoori Law.
Karen Brizuela
01:04 06 Oct 22
Michael and team thankyou very much!! Right and professional answers. you guys did the the job as we agree.. and we did get our E2 visa status.Abe Brizuela.
Winston Stewart
13:50 27 Sep 22
ashoori law took my case in April 2021. They made sure that everything was done correctly before fileing. upon receipt of the case we awaited uscis decision. our petition was approved august 2022. during this time period ashoori law was always... available for my concerns or questions. therefore without reservation I recommend ashoori law to anyone seeking professional legal services in the immigration field.read more
Allen Gibbons
20:02 24 Sep 22
They were informative and very professional. Got the case done smoothly and on time. I would highly recommend Ashoori Law Firm.
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Michael Ashoori Headshot

Michael Ashoori, Esq.

U.S. Immigration Lawyer

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.