Sponsoring an H-1B Visa Petition WITH VISANOW 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 The Application Process Post-Approval Options 3 5 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 INITIAL STAY RENEWALS TOTAL STAY Up to 3 years Extensions of up to 3 years granted 6 years Tip H-1B holders who ve completed select portions of the green card application process can extend their status beyond the six-year max-out date. Learn more in the HR Guide to Green Cards (http://www. visanow.com/resources/pdf/visanow- HR-Guide-GreenCards.pdf). SPONSORING AN H-1B VISA PETITION 3
01 VISA OVErVIEW H-1B CAP BREAKDOWN CAP OPENS APRIL 1 The H-1B Cap 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. 85,000 TOTAL PETITIONS accepted 124,000 FY2014 NUMBER OF PETITIONS RECEIVED IN LAST THREE YEARS 172,000 FY2015 233,000 FY2016 20,000 SPECIALTY WORKERS WITH advanced degrees 58,200 all SPECIALTY WORKERS 6,800 SPECIALTY WORKERS FROM Chile AND Singapore 7 DAYS 72 DAYS * 236 DAYS * 301 DAYS 266 DAYS NUMBER OF DAYS BEFORE CAP REACHED 2016 2015 2014 2013 2012 2010 2011 *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. DATA GATHER ING FILING ACTIVITIES TN 1 2 3 4 Case opened Questionnaire completed VISANOW-retained attorneys review information and prepare case Documents for case submitted to VISANOW < 1 week - multiple weeks (Depends on HR and employee) 9 10 11 Receipt notice issued by government; receipt number posted Government reviews and adjudicates Approval notice issued KEY 1-3 weeks 4-6 months (15 days with premium processing) 2-3 weeks (7-10 days with premium processing) CASE FINALIZED HR Employee VISANOW Government 5 Customer review of case 1-3 days (Depends on HR) 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. 6 7 8 ETA 9035 Labor Condition Application (LCA) submitted to Department of Labor ETA 9035 (LCA) certified Final attorney review and case sent to government 1-2 days 7-10 business days SPONSORING AN H-1B VISA PETITION 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 6
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. To complete this step, submit the case for attorney review. Dependent Visas 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. 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. Attorney review When a case is in attorney review, it means that an attorney is drafting forms, reviewing documents or finalizing a case. 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. SPONSORING AN H-1B VISA PETITION 7
02 application PROCESS Step 3: Upload supporting documents Supporting Documentation Company Documents: Statement of work or itinerary of engagement Financial statements or annual report Catalogs, brochures or other marketing literature Employment contract Company letterhead (if new to VISANOW) FEIN letter from IRS (if new to VISANOW) Employee Documents: Passport Form I-94 Arrival/Departure Record Diploma Transcripts or mark sheets Resume or curriculum vitae All previous form I-797 Approval Notices Pay stubs for the last two pay periods Previous employment authorization document cards, if applicable 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 Education evaluation Recommended if the employee has a non- U.S. degree. Contact the customer support team for more information. 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. SPONSORING AN H-1B VISA PETITION 8
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. If you see any errors or need to make updates, those changes can be made in the web application. 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) Action Needed. 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. REVIEW DOCUMENTS SPONSORING AN H-1B VISA PETITION 9
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 APRIL 1 APRIL 7 When attorneys file LCA Processing time is seven to 10 days. The certified LCA must be received by March 31 for the attorneys to file the H-1B application. The first day USCIS accepts H-1B visa applications. The likely date USCIS will stop accepting cap submissions. Process time 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 10
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 an additional three years. Since there is a six-year max-out date MAX with H-1B visas, we recommend you consider whether you d like to 6 years 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 customersupport@visanow.com 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. Website, technology platform and administrative services provided by VISANOW.com, Inc., a Delaware corporation. Legal services provided by VISANOW-retained attorneys. 2016, VISANOW.com, Inc., All Rights Reserved.