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.
H-B1 Visa
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 a ‘specialty occupation’?
The term ‘specialty occupation’ is defined as requiring a theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree (or its equivalent) as a minimum for entry into the occupation. The U.S. employer (Petitioner) must be hiring a foreign worker (Beneficiary) in a ‘specialty occupation’… Read More
What is a Labor Condition Application (LCA)?
The form filed by the U.S. employer with the Department of Labor attesting that the employer will meet certain conditions with respect to the foreign worker.
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’.
Why should I retain an attorney?
An experienced immigration attorney is well versed in the nuances of the visa process including petition and application preparation, responses to requests for evidence, documentation collection, government communication, consular interviews and advocacy. The attorney can successfully overcome possible issues by providing clients with solid advice based upon education and experience. If you are unsure as… Read More
How can I verify the status of my case?
CLG clients can verify the status of a case online at anytime. At the beginning of the process, CLG clients register with our website by selecting a username and password and creating an individual account. You can verify the status of your case by logging in to the client section of the Choquette Law website…. Read More