The H-1B visa category is subject to an annual quota restriction on the number of new H-1B visas that may be issued. For the fiscal year October 1, 2000 to September 30, 2001 195,000 visas are available for qualified applicants.  The annual visa quota for the next fiscal year, October 1, 2001 to September 30, 2002, will remain at 195,000 visas for that year.

Sequential H-1B visas are available to employees who are already working in the United States on H-1B visas. A sequential H-1B visa application permits a current H-1B visa holder to change employers by amending the petition with the INS. Of course, all the eligibility requirements must be met for the new employment and the employee may not exceed the six (6) year maximum stay on an H-1B visa. However, it is important to note that sequential H-1B visas are NOT subject to the annual visa quota. Therefore, a current H-1B visa holder, if eligible, does not need to wait for a visa number to become available in order to apply to the INS to change employers.(Please see our FAQ section for more information.)

Requirements

In order to qualify for an H-1B visa, an applicant must be sponsored by a U.S. employer. The main requirements which must be satisfied for an applicant to receive an H-1B visa are discussed below.

1 -- The offer of employment from the U.S. employer must be to perform services within a "specialty occupation." A "specialty occupation" is one which requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires completion of a specific course of education culminating in a bachelor's or higher degree in the specific specialty.

2 -- The employment offered to the H-1B applicant must actually require the services of a person who possesses the credentials of a professional.

3 -- The applicant must actually possess the necessary credentials for the employment being offered, such as a bachelor's degree in the particular specialty. (Note: If a license is required to practice a particular occupation, then the applicant must possess the necessary license.)

4 -- The applicant must not have reached the six (6) year limit on the duration of stay in the U.S. in either the H or L visa category.

5 -- Lastly, the employer must be willing to pay the applicant the prevailing wage in the geographic area or the wage it pays other comparable workers in its company, whichever is higher. The employer must also agree to pay the transportation costs for the applicant to return home if the employer terminates employment prior to the end of the authorized employment.

The Process

The procedure for obtaining an H-1B visa can be somewhat confusing, as it involves obtaining approval from more than one U.S. agency. Although there are a number of smaller steps along the way, the H-1B process can be broken down into three (3) main phases.

1 -- First, the prospective employer (petitioner) must obtain certification from the United States Department of Labor that it has filed a Labor Condition Application (LCA) in the occupational specialty. The LCA must state the prevailing wage for the proposed employment and that the employer will pay the proposed employee at least the determined prevailing wage. If the LCA is satisfactory the Department of Labor will approve and return it.

2 -- Only after the Department of Labor approves the LCA may the employer then file a petition with the Immigration and Naturalization Service on behalf of the prospective employee. The type of petition which the employer must file is the I-129 Petition for Non-Immigrant Worker, along with the H Supplement. The petition must be accompanied by the appropriate supporting documentation.

3 -- If successful, the INS will approve the I-129 Petition and notify the employer. The INS will then forward the case to the nearest U.S. Consulate overseas to issue the H-1B visa to the prospective employee. If the employee is currently present in the U.S. in another lawful status and eligible to change to H-1B status in the U.S., then the INS will issue the employee a new I-94 Arrival/Departure Record as evidence of his lawful H-1B status.

Our Services

Our services regarding the processing an H-1B visa are designed to take as much of the work and worry out of your hands as possible. This approach applies to both the employer and employee. Nevertheless, it is important for both the employer and employee to work with us in preparing a successful petition. Upon retaining our firm to process an H-1B visa, we will consult with both the employer and employee to properly analyze the case in order to be sure the H-1B process goes as smoothly as possible.

To help us process the H-1B visa application, we ask that both the employer and employee each complete questionnaires prepared by our office. Your completed questionnaires will enable us to prepare all the necessary application forms for both the Department of Labor and the Immigration and Naturalization Service.

Our office will assist you in determining the proper occupation classification according to the Department of Labor. This determination is critical as it will directly impact the minimum wage which the employee must be paid. By analyzing the employee's qualifications and the requirements of the job being offered, we will help you determine the most appropriate job classification for the employment being offered.

Once the proper job classification is decided, we will determine the prevailing wage in your region of the country for the specialty occupation and file the Labor Condition Application (LCA) with the Department of Labor. In those areas of the country where it is available, we will utilize the newly instituted LCA Fax System to try to expedite the process.

While the LCA is being processed by the Department of Labor, we will continue preperation of the I-129 Petition for the INS. The I-129 Petition will require a letter from the employer describing, among other things, the company, the proposed employment and it's requirements, the proposed employee and his or her qualifications for the employment, and the salary which the employee will be paid. The employer's letter is a critical part of the I-129 Petition and we will work closely with you in developing a successful letter for your petition. Upon receiving LCA approval from the Department of Labor, we will then prepare and file the I-129 Petition with the appropriate INS Regional Service Center. The appropriate center is determined by where the proposed employment will be located.

After INS approval, the employee may begin work for the employer. At this time, we will also provide the employer with guidance on maintaining all the necessary documentation in order to comply with all Department of Labor and INS laws and regulations.

Fees

H-1B Visa
Fee for our services:	$2000 Flat Fee
Fees do not include the required application fees listed below.

Application Fees
INS I-129 Petition for Non-Immigrant Worker Application Fee:	$130
INS I-539 Application for Spouse or Child of H-1B Employee:	$140
LCA User Fee: Paid to the INS at time of filing the I-129 Petition:	$1,000
U.S. Consul Visa Issuance Fee:	$45 per visa applicant
Please note that the spouse and any children of the H-1B applicant are considered additional applicants and will each be charged the $45 consular fee.

Notes Regarding Fees

1. Our fee is a flat fee or fixed fee. We never charge extra for additional services, such as overnight mailings, phone calls, or if any complications arise. However, our fee does not include the INS application fees listed above. Please take this into account when figuring your expenses for this process.

2. According to the Department of Labor, the employer must pay the entire cost of the H-1B petition. This includes all INS fees and legal fees.