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H-1B Temporary Workers
Temporary visas have slowed considerably. In late July of 2011 the National Prevailing Wage Center of the U.S. Department of Labor (DOL) unexpectedly ceased processing Prevailing Wage Determinations related to the H-1B and green card Labor Certification processes.
In late July of 2011 the National Prevailing Wage Center of the U.S. Department of Labor (DOL) unexpectedly ceased processing Prevailing Wage Determinations related to the H-1B and green card Labor Certification processes.
Long Process
The H-1B process is more complex than other immigration status and the processing time is long and inflexible. Normal processing can take 8 months due to the Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS) processes.
Eligability and associated fees
H-1B temporary worker status is designated for individuals coming temporarily to the U.S. to work in a specialty occupation. A specialty occupation is defined as one that requires "theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree, or its equivalent, as a minimum requirement." The H-1B is considered an "employer specific" status. This means that the scholar may only be paid by the specific H-1B sponsor, and only according to the terms in each H-1B application. Scholars in H-1B status cannot accept funds from another employer or source other than the employer listed in the H-1B application.
Before choose the H-1B status for a scholar, you should review information about eligibility and associated fees.
H-1B Petition Filing Fee
The base petition fee, for the filing of the H-1B petition, is $325. This fee may be paid by the applicant.
Employer $500 Anti-Fraud Fee
This "government fraud protection/detection fee" is a one-time fee. This fee is required for any applicant seeking H-1B status for the first time, even if they are already in the U.S. in H-1B status with another employer. This fee must be paid by the employer.
Premium Processing is not normally necessary with H-1B extensions, speak to an OISS advisor, (or your lawyer) for details. The fee for Premium Processing is an additional $1,225. This fee may be paid by the applicant.
Family Members
Dependent application for H-4 status for any amount of family members (spouse and children under 21 years of age) is $290. This fee may be paid by the applicant.
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Stephen K. Tills Attorney at Law PO Box 635,6413 West Quaker Road, Orchard Park, New York. 14127-2354
T: 716.662.5080 Fax: 716.662.8475 E: stephen@tillsvisalaw.com
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