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Sponsoring an H-1B Visa Petition WITH VISANOW fein For the Employer
SPONSORING AN H-1B VISA PETITION 2
Welcome to VISANOWWe’re glad to be your immigration partner. It’s our mission to make
sure that you have the most efficient application process possible. This
guide will walk you through the VISANOW web application, immigration
process and help you to successfully file an H-1B visa petition.
table of contents
Visa Overview
The Application Process
Post-Approval Options
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SPONSORING AN H-1B VISA PETITION 3
01 Visa Overview:H-1B PERSON IN SPECIALTY OCCUPATION
The H visa program allows international employees to enter
the United States and work for a fixed period of time. U.S.
Citizenship and Immigration Services (USCIS) created multiple
subcategories for the most common employment situations.
The H-1B visa is designated for individuals working in a
specialty occupation. These professions usually fall into the following industries:
healthcare, biotechnology, human resources, education, engineering,
information technology, computer sciences and management. Additionally, the
visa petitioner must have a bachelor’s degree (or foreign equivalent) and be paid
at least the prevailing wage for the job.
Did you know? The H-1B visa is dual intent, meaning its holders may apply for legal
permanent residency, commonly known as a green card, under this status.
Validity Period
INITIAL STAY RENEWALS TOTAL STAY
6 yearsExtensions of up to
3 yearsgranted
Up to
3 years
TipH-1B holders who’ve completed select
portions of the green card application
process can extend their status beyond
the six-year max-out date. Learn more in
the HR Guide to Green Cards (http://www.
visanow.com/resources/PDF/VISANOW-
HR-Guide-GreenCards.pdf).
SPONSORING AN H-1B VISA PETITION 4
01 VISA OVErVIEW
The H-1B CapThe U.S. government limits the number of new H-1B visas
granted each year to 65,000. This number is known
as the “cap.” As a result, April 1 — the first day H-1B
petitioners may file new applications — is referred to
as the start of cap season. The cap and filing deadline
doesn’t apply to transfer cases.
H-1B CAP
B R E A K D O W NC A P O P E N S A P R I L 1
20,000SPECIALTY WORKERS WITH
advanced degrees
58,200all SPECIALTY WORKERS
6,800SPECIALTY WORKERS FROM
Chile AND Singapore
85,000TOTAL PETITIONS
accepted
N U M B E R O F D A Y SBEFORE CAP REACHED
N U M B E R O F P E T I T I O N SRECEIVED IN LAST THREE YEARS
7 DAYS
72 DAYS*
236 DAYS*
301 DAYS
266 DAYS
201620152014
2013
2012
2011
2010
233,000FY2016
172,000FY2015
124,000FY2014
*Days before cap reached for general pool. All other data are both general pool & advanced degree pool.
SPONSORING AN H-1B VISA PETITION 5
02 Application Process
Here is an overview of the application process.
F I L I N G A C T I V I T I E S
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Receipt notice issued by government; receipt number posted
Government reviews and adjudicates
Approval notice issued
C A S E F I N A L I Z E D
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Customer review of case
ETA 9035 Labor Condition Application (LCA) submitted to Department of Labor
ETA 9035 (LCA) certified
Final attorney review and case sent to government
D A T A G A T H E R I N G
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Case opened
Questionnaire completed
VISANOW-retained attorneys review information and prepare case
Documents for case submitted to VISANOW
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K E Y
EmployeeHR GovernmentVISANOW
Note: This is a general timeline. The actual time required to complete a case may vary. For more specific timelines, please post to the VISANOW Communication Center. Appointment times have not been included in this timeline.
TN
SPONSORING AN H-1B VISA PETITION 6
Step 1: Send account invite to your candidate
02 aPPLICATION PROCESS
Creating an account for your international employee allows him or her to upload documents and ask attorneys
questions directly through the Communication Center. Reference the Onboarding Guide (http://www.visanow.
com/resources/PDF/VISANOW-Onboarding-Guide.pdf) for information on sending account invites.
SPONSORING AN H-1B VISA PETITION 7
02 aPPLICATION PROCESS
Step 2: Complete the Questionnaire
The Questionnaire needs to be filled out by both you and your foreign national candidate.
Not all questions will be applicable to your case. Simply
input “N/A” into the field if a question doesn’t pertain
to your situation. Note: The application process cannot
progress until the Questionnaire has been completed.
To complete this step, submit the case for attorney review.
Dependent VisasEmployees may be accompanied by their spouses and
unmarried children 21 years and younger with an H-4
nonimmigrant dependent classification. Dependents
are allowed to study while they have H-4 status. Select
spouses are entitled to work authorization once the H-1B
holder has reached a certain point in the green card
application process. Ask your employee if he or she is
interested in filing dependent visa petitions. For help
opening dependent petition cases, contact your VISANOW
account representative.
case statusES
Case Statuses
Questionnaire
The Questionnaire helps attorneys gather important
application information needed to prepare the case.
This needs to be fully completed and payment needs to
be received before moving on to the next step.
Attorney review
When a case is in attorney review, it means that an
attorney is drafting forms, reviewing documents or
finalizing a case.
Customer action needed
The attorneys can’t continue working on the case until
you or your employee complete a specific action. Log
into the account and view the case or Communication
Center to review the action item. Necessary steps may
include providing documents, reviewing forms and
letters, and making payments.
Sent
The completed application was sent to USCIS for
processing. Some applications are sent directly to the
visa applicant if consular processing is necessary.
Complete
The application has been approved by the government.
SPONSORING AN H-1B VISA PETITION 8
Supporting Documentation
Company Documents:
• Statement of work or itinerary of engagement
• Financial statements or annual report
• Catalogs, brochures or other marketing literature
• Employment contract
• Company letterhead (if new to VISANOW)
• FEIN letter from IRS (if new to VISANOW)
Employee Documents:
• Passport
• Form I-94 Arrival/Departure Record
• Diploma
• Transcripts or mark sheets
• Resume or curriculum vitae
• All previous form I-797 Approval Notices
• Pay stubs for the last two pay periods
• Previous employment authorization document
cards, if applicable
• All prior I-20 Certificates of Eligibility for
Nonimmigrant Students, if applicable
• All prior dates spent inside the United States in
H-1B and L-1 Intracompany Transferee status
• Visa stamp
• Education evaluation
Recommended if the employee has a non-
U.S. degree. Contact the customer support
team for more information.
02 aPPLICATION PROCESS
Note: This is not a complete list of documents, and all might not apply to your
particular case. Attorneys will upload a list specific to your case once they finish
reviewing your Questionnaire.
For a printer-friendly document list, download the H-1B Checklist (http://www.visanow.
com/resources/PDF/H1-B-Checklist.pdf). Please reference the Onboarding Guide
(http://www.visanow.com/resources/PDF/VISANOW-Onboarding-Guide.pdf) for
instructions on how to upload documentation.
To complete this step, submit the case for another attorney review.
Step 3: Upload supporting documents
SPONSORING AN H-1B VISA PETITION 9
02 aPPLICATION PROCESS
Step 4: Review forms and letters
Once the attorneys draft the forms and letters that will be submitted with the visa
application, you and your candidate will have the opportunity to review each
document for accuracy.
• If you see any errors or need to make updates, those changes can be made
in the web application.
• Please reference the Onboarding Guide (http://www.visanow.com/resources/
PDF/VISANOW-Onboarding-Guide.pdf) for instructions on how to review and
approve forms.
After the documents and forms have been submitted and approved, the attorneys will review the case
again before completion.
To complete this step, submit the case for a final attorney review. This review period takes between
three to five business days.
Step 5: Attorneys file Labor Condition Application (LCA)First, the attorneys will obtain a prevailing wage determination from the Department of Labor (DOL),
which is an industry-standard wage assessment for your employee’s position in your region. Once that’s
completed, the attorneys will prepare the LCA packet, comprised of forms and letters promising the DOL
you will treat the international worker fairly and pay him or her the prevailing wage for the position. Once
the LCA is certified, the rest of the application can be completed.
Action Needed.
REVIEW DOCUMENTS
SPONSORING AN H-1B VISA PETITION 10
02 aPPLICATION PROCESS
Step 6: Petition filed with USCIS
Important Dates
When attorneys file LCA
• Processing time is seven to 10 days.
• The certified LCA must be received by March 31 for the
attorneys to file the H-1B application.
The first day USCIS accepts H-1B visa applications.
The likely date USCIS will stop accepting cap submissions.
Receipt numbers for petitions accepted into the lottery will be provided by the USCIS.
If your petition was not accepted in the lottery, the government will return your
application to VISANOW via mail.
• If your petition is not accepted in the lottery, VISANOW will refund your
government filing fees.
• VISANOW will refile your case in the following year’s lottery for free if no changes
need to be made to the petition. Note: While we’re not recharging you for service
fees, you’re still responsible for government fees.
USCIS adjudicates the applications accepted into the lottery.
First date a new H-1B holder can begin work. If the candidate is not in H-1B status when
the case is filed, he or she will have to wait until the change of status is approved
to begin working, unless the individual is holding another status that provides work
authorization.
Once the application has been prepared, the VISANOW-retained attorneys will send
the completed I-I29 Petition for a Nonimmigrant Worker along with all supporting
documentation to USCIS for arrival on April 1.
Updates that are received from the government agency will be posted in your
Communication Center.
USCIS takes three to five months to process any H-1B case. Some important dates and
timelines are included below.
By MARCH 20
OCTOBER 1
APRIL 1
APRIL 7
MAY-JUNE
JUNE-OCTOBER
Processtime
SPONSORING AN H-1B VISA PETITION 11
PREMIUM PROCESSINGYou can elect to have an H-1B cap case premium processed. This allows
you to hear back from USCIS earlier if the case was accepted into the
lottery and will provide expedited adjudication after acceptance, but
does not increase the chance of being accepted.
Transfer CasesTransfer petitions don’t have to follow this timeline since they are not subject to the cap. Instead you can
sponsor the case any time of the year.
When can your new employee begin working? There are two options:
1. He or she may begin working at your company as soon as USCIS has received your petition packet.
Once we have confirmation from our shipping service that your packet arrived at its destination, we
will advise you that your new employee can begin working.
2. Some companies prefer to wait until they have received an official receipt notice from USCIS to
allow the individual to begin working. If this is the case, the receipt number will arrive in two to three
weeks if the petition was filed without premium processing and within 72 hours if it was filed with
premium processing.
02 aPPLICATION PROCESS
fein
VISANOW.COM
Content in this publication is not intended as legal advice, nor should it be relied upon as such. For additional
information on the issues discussed, consult a VISANOW-retained attorney or another qualified professional.
Website, technology platform and administrative services provided by VISANOW.com, Inc.,
a Delaware corporation. Legal services provided by VISANOW-retained attorneys.
© 2016, VISANOW.com, Inc., All Rights Reserved.
Questions? Contact us [email protected]
03 Post-Approval Options
Renewals Your employee’s H-1B status is valid for up to three years. After
that period, you can sponsor the individual for a renewal of up to
an additional three years. Since there is a six-year max-out date
with H-1B visas, we recommend you consider whether you’d like to
sponsor the employee for legal permanent residency (a green
card) within the first two years of employment. The green card
application and approval process takes multiple years to complete,
but planning ahead will allow you to retain valued international talent for the long haul.
Learn more about the green card application process in The HR Guide to Green Cards
(http://www.visanow.com/resources/PDF/VISANOW-HR-Guide-GreenCards.pdf).
MAX6 yearS
