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- I want to hire a foreign professional to work in my company.
Is it possible to do so?
Yes. A limited number of
H1B visas are available each year for companies wishing to hire foreign professionals.
- I don’t know if my company meets the requirements for H1B
status. Can you do an evaluation before I have to file my fees with
the Department of Labor or INS?
Yes. Based on information
provided to us by the employer, we can provide an evaluation service to determine
if the employer meets the basic requirements for H1B status at a minimal
fee.
- What is the process to hire qualified foreign professionals?
Before the H1B visa petition
can be filed, the employer must obtain H-B status from the Department of
Labor. This is a three step process.
First, the employer must file a wage determination form with the state
Department of Labor to verify that the employer is paying the prevailing
wage for the type of job it wishes to fill with the H1B candidate.
Next, the employer must file a labor application (LCA) with the U.S. Department
of Labor. Once the LCA (form ETA 9035) is certified and approved by the Department
of Labor, the H1B petition can be filed.
Finally, the employer files Form 1-129 with the INS. Processing
times can vary, but usually take between two weeks to two months.
Premium processing is available for a fee of $1,000, which results in a
decision with 15 days. If INS is unable to make a determination within
15 days, the $1,000 is refunded and the petition retains its status in premium
processing.
- Does IUL provide this service to employers?
Yes. We can assist employers
in obtaining H1B status. With information provided by the employer
the procedure is as follows:
We will ask you for all the information required to fill out the application
forms.
We send you the completed application forms to sign.
You return the signed application forms along with the required supporting
documents to us.
We file the documents for the Prevailing Wage Application.
Once we receive it, we file the Labor Condition Application.
When the Labor Condition Application is approved, we will file the I-129
with the Immigration and Naturalization Service.
We follow up with the INS until your petition is approved.
- How long
will all of this take?
The processing time for H1B visas
will vary depending on the state the employer is in. Some states have
long waiting lists. In the best case, the time necessary can be estimated
as:
LCA: 1-3 Days
INS - New Petition: 60-90 Days
INS - Transfer: 60-90 Days
INS - Premium Processing Service: 5-15 Days
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