FILING AN H-1B VISA PETITION WITH FOR THE EMPLOYEE ENVOY - FILING AN H-1B VISA PETITION
WELCOME TO ENVOY 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 Envoy web application, immigration process and help you to successfully file an H-1B visa petition. Table of Contents 01 03 VISA OVERVIEW 3 THE APPLICATION PROCESS 5 RENEWAL OPTIONS 11 ENVOY - FILING AN H-1B VISA PETITION 2
VISA OVERVIEW: 01 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 3 years Extensions of up to 3 years granted TOTAL STAY 6 years 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 Green Card Overview for Employees (http://www. envoyglobal.com/resources/pdf/ Envoy-HR-Guide-GreenCards.pdf). ENVOY - FILING AN H-1B VISA PETITION 3
H-1B VISA The H-1B Cap 01 The H-1B work visa cap has filled quickly in recent years, requiring thousands of unselected petitioners to refile the following season or find a viable alternative. As more U.S. companies rely on foreign national talent to fill highly technical roles, and the H-1B work visa for specialty workers grows more popular, the intensity of competition during the cap season has reached an all-time high. Read on for a snapshot of cap seasons past, and gain insight into today s most competitive U.S. work visa. H-1B CAP BREAKDOWN CAP OPENS APRIL 1 85,000 TOTAL PETITIONS accepted 172,000 FY2015 NUMBER OF PETITIONS RECEIVED IN LAST THREE YEARS 236,000 FY2017 233,000 FY2016 NUMBER OF DAYS BEFORE CAP REACHED 20,000 SPECIALTY WORKERS WITH advanced degrees 2017 2016 2015 2014 7 DAYS 58,200 all SPECIALTY WORKERS 6,800 SPECIALTY WORKERS FROM Chile AND Singapore 2011 2012 2013 72 DAYS * 236 DAYS * 301 DAYS 2010 266 DAYS ENVOY - FILING AN H-1B VISA PETITION 4
APPLICATION PROCESS Here is an overview of the application process. DATA GATHER ING 1 2 3 Case opened Questionnaire completed and documents submitted Envoy-affiliated attorneys review information and prepare case < 1 week - multiple weeks Depends on HR and employee EMPLOYER SPONSORED EMPLOYEE & EMPLOYER ENVOY CASE FINALIZED 4 Customer review of case 1-3 days Depends on HR EMPLOYER 5 6 ETA 9035 Labor Condition Application (LCA) submitted to Department of Labor ETA 9035 (LCA) certified 7-10 business days ENVOY GOVERNMENT 7 Final attorney review and case sent to government 1-2 days ENVOY FILING ACTIVITIES 8 Receipt notice issued by government; receipt number posted 1-3 weeks GOVERNMENT 9 Government reviews and adjudicates 4-6 months 15 days w/ premium processing GOVERNMENT 10 Approval notice issued 2-3 weeks 7-10 days w/ premium processing GOVERNMENT ENVOY - FILING AN H-1B VISA PETITION 5
APPLICATION PROCESS STEP 1 Access Your Account Your employer has created an online account with Envoy, which allows both of you to complete your designated portions of the H-1B application process including the submission of information to Envoy-affiliated attorneys and uploading documentation to support your case for a work visa. ENVOY - FILING AN H-1B VISA PETITION 6
APPLICATION PROCESS STEP 2 Complete the Questionnaire Dependent Visas Your spouse and unmarried children 21 years old and younger may accompany you and be awarded 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. For help opening dependent petition cases, contact the customer support team. 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. ENVOY - FILING AN H-1B VISA PETITION 7
APPLICATION PROCESS STEP 3 Upload Supporting Documents Throughout the questionnaire, you ll be prompted to upload a series of documents. Supporting Documentation Employee Documents: Passport Form I-94 Arrival/Departure Record Diploma Official 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 you have 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. Any foreign-language documents, such as transcripts and diplomas, must be translated into English. To complete this step, submit the case for another attorney review. ENVOY - FILING AN H-1B VISA PETITION 8
APPLICATION PROCESS STEP 4 Attorneys file Labor Condition Application (LCA) LCA APPLICATION The LCA is a promise made by your employer to the Department of Labor (DOL) that you will be paid the prevailing wage. To begin the certification process, the attorneys will obtain a prevailing wage determination from the DOL, which is an industry-standard wage assessment for your position in your region. Once that s completed, the attorneys will prepare the LCA packet. Once the LCA is certified, the rest of the application can be completed. STEP 5 Petition Filed with USCIS Once the application has been prepared, the Envoy-affiliated 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. The certified LCA must be received by March 31 for the attorneys to file the H-1B application. APRIL 1 APRIL 7 MAY-JUNE MAY-JUNE OCTOBER 1 The first day USCIS accepts H-1B visa applications. The likely date USCIS will stop accepting cap submissions. 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 Envoy via mail. USCIS adjudicates the applications accepted into the lottery. First day a new H-1B holder can begin work. You will have to wait until the change of status is approved to begin working, unless you are holding another status that provides work authorization. ENVOY - FILING AN H-1B VISA PETITION 9
APPLICATION PROCESS Transfer Cases Transfer cases don t have to follow this timeline since they are not subject to the cap. Instead, your new employer can sponsor the transfer petition at any time of the year. Post Approval When can you begin working? There are two options: 1. You may begin working with your new employer 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 ll let you know that you can begin working. 2. Some companies prefer to wait until they have received an official receipt notice from USCIS to allow you to begin working. If this is the case in your situation, 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. Note: Cases can be filed with premium processing, which speeds up the USCIS adjudication process. However, it does not give the petition priority status over other Envoy cases. 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. ENVOY - SPONSORING AN H-1B VISA PETITION 10
03 RENEWAL OPTIONS Your H-1B status is valid for up to three years. After that period, your petition can be renewed for up to an additional three years. Since there is a six-year max-out date with H-1B visas, we recommend you consider whether you d like to be sponsored for legal permanent residency (a green card) within the first two years of employment. Learn more about the green card application process in the Green Card Overview for Employees. (312) 964-6300 WWW.ENVOYGLOBAL.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 Envoy-affiliated attorney or another qualified professional. Website, technology platform and administrative services provided by Envoy Global Inc., a Delaware corporation. Legal services provided by Envoy-affiliated attorneys. 2017, Envoy Global Inc., All Rights Reserved.