The H-1B Petition is the second critical step in the H-1B visa process after being selected in the lottery. This procedure involves filing a formal petition with the U.S. Citizenship and Immigration Services (USCIS), demonstrating that both the employer and the employee meet the legal requirements for the visa.

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What is the H-1B Petition?
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The H-1B Petition is a request filed by the sponsoring employer for USCIS to approve the H-1B visa of the selected candidate. This stage includes the collection of detailed documentation and payment of associated fees. The formal petition is made on Form I-129 (Petition for a Nonimmigrant Worker).

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Who can file the H-1B Petition?

1. Employer Sponsor:
   • Must be registered in the United States and willing to offer a full or part-time position.
   • Must ensure that employment meets specialized wage and occupational requirements.
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2. Employee Beneficiary:
   • Must have been selected in the H-1B lottery and meet the academic and employment requirements for the position offered.

Requirements for the H-1B Petition
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1. Completed Form I-129:
   • It includes detailed information on the employer, the position offered and the qualifications of the beneficiary.
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2. Labor Condition Certification (LCA):
   • Document approved by the Department of Labor that assures that the employer will comply with wage and labor standards.
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3. Beneficiary Documentation:
   • Valid passport.
   • Academic degrees and certificates.
   • Relevant work experience.
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4. Employer Information:
   • Verification that the company is legally registered in the U.S.
   • Evidence of ability to pay the salary offered.
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H-1B Petition Filing Process
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The first step in filing an H-1B petition is document preparation. This includes gathering all necessary documentation to support the Form I-129, which is the formal application for the visa. It is also mandatory to obtain a Labor Condition Application (LCA) certified by the Department of Labor, which verifies that the working conditions comply with U.S. laws and protects both the foreign worker and the local labor market.

Once document collection is complete, the employer must proceed with filing with USCIS. This involves sending the application package, which includes the Form I-129, the certified LCA and the appropriate fees, to the designated USCIS processing center. It is crucial that all documents are properly completed and submitted to avoid delays or possible rejections due to clerical errors.

Upon receipt of the application, USCIS conducts a detailed review and issues a decision. At this stage, the employer may receive a formal approval via Form I-797, which confirms that the petition has been accepted. In some cases, USCIS may issue a Request for Further Evidence (RFE) to obtain more information before making a decision. If the application does not meet the requirements, it may be denied. This process is critical and requires accuracy to ensure the success of the petition.

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Processing Times
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• Regular Processing: 2 to 6 months depending on the assigned service center.
• Premium processing (optional): Decision within 15 business days for an additional fee of $2,500 USD.
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Process Costs
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1. I-129 filing fee: $460 USD.
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2. Fraud Prevention and Detection Fee: $500 USD.
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3. Additional Employer Size Rate:
   • $750 USD (companies with less than 25 employees).
   • $1,500 USD (companies with more than 25 employees).
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4. Premium Processing Fee (optional): $2,500 USD.

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Important Considerations on the H-1B Petition
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It is important to understand that a petition approved by USCIS does not automatically guarantee the issuance of the H-1B visa. If the beneficiary is outside the United States, he or she must complete the application process at an appropriate U.S. consulate, where an interview and final evaluation will be conducted prior to visa issuance. If the beneficiary is already in the U.S., he/she must change his/her immigration status in order to work under the H-1B visa.

Additionally, it is possible to receive a Request for Evidence (RFE) from USCIS if they feel that the application needs more information or documentation to make a decision. This may delay the process, as the applicant must respond to the RFE within a specific timeframe to avoid having their petition rejected. Therefore, it is essential to ensure that all documentation is complete and clear to minimize the risk of receiving an RFE.

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How to hire our services for your visa application?

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Before starting the process, we recommend that you schedule a 1-hour immigration consultation with our expert U.S. immigration attorney. During this session, you will resolve your doubts and receive personalized advice about your case.

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 Exclusive benefit: The cost of the consultation will be applied as an advance to the fees of the application process for this type of visa.

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 Schedule your appointment here: https://www.immilandcanada.com/law/estados-unidos

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If you prefer to know more details about this service and its costs, please visit the following link:

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https://www.immilandcanada.com/law/contratacion-servicios-usa