An H-1B petition is valid for the period of validity requested by the U.S. employer. However, the period of validity cannot exceed 3 years. Further, the total period of validity in H-1B status is 6 years. This can be extended under certain circumstances.
FAQs about the H-1B Petition
How long does it take the USCIS to process an H-1B petition?
After the H-1B petition is filed, the USCIS will issue a receipt notice. After reviewing the H-1B petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, the approval process for an H-1B petition is 3-6 months from filing. The H-1B petition may be filed along with a… Read More
What is the government filing fee for an H-1B petition?
At present, the filing fee is $325. In addition, the USCIS collects an American Competitiveness and Workforce Improvement Act (ACWIA) fee that is either $750 (if the U.S. employer employs less than 25 employees) or $1500 (if the U.S. employer employs 25 or more employees). Finally, if the foreign worker is a new employee, the… Read More
When can the U.S. employer file an H-1B petition?
If the foreign worker is subject to the annual numerical limit, or H-1B cap, then the H-1B petition can be filed up to 6 months before the start date (April 1st for an October 1st start date). If the foreign worker is not subject to the H-1B cap (was previously granted H-1B status in the… Read More
Do I file the H-1B petition by itself or are other forms required?
The H-1B petition is filed along with the H Classification Supplement to Form I-129, H-1B Data Collection and Filing Fee Exemption Supplement and Labor Condition Application.
Can I own the company and file an H-1B petition on my behalf?
An employer/employee relationship is required. As such, the USCIS has taken the position that an owner of a company can file a petition on his or her behalf in very limited circumstances. If an employer/employee relationship can be demonstrated then the H-1B petition can be approved.
Can a foreign company or individual file an H-1B petition?
No. The petitioner must be a U.S. employer.
Can an individual file an H-1B petition?
Yes. However, the individual must possess a Federal Employer Identification Number (FEIN).
What are the requirements to file an H-1B petition?
The petitioner must be a U.S. employer (company or individual). There must be an employer/employee relationship between the U.S. employer and foreign worker. The U.S. employer must hire a foreign worker to work in a ‘specialty occupation’. The foreign worker must possess at least a bachelor’s degree (or its equivalent). The U.S. employer must attest… Read More
What is an H-1B petition?
An H-1B petition is filed by a U.S. employer on behalf of a foreign worker with the United States Citizenship and Immigration Services (USCIS) for the foreign worker to work in the United States temporarily in a ‘specialty occupation’.
