ENVOY - FILING AN H-1B VISA PETITION

FILING AN H-1B VISA PETITIONWITH

FOR THE EMPLOYEE

ENVOY - FILING AN H-1B VISA PETITION 2

WELCOME TO ENVOY

VISA OVERVIEW 3

THE APPLICATION PROCESS 5

RENEWAL OPTIONS 11

010203

We’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 Envoy web application, immigration process and help you to successfully file an H-1B visa petition.

Table of Contents

VISA OVERVIEW:H-1B PERSON IN SPECIALTY OCCUPATION

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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.

3 yearsINITIAL STAY

RENEWALSTOTAL STAY

6 yearsExtensions of up to

3 yearsgranted

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 Green Card

Overview for Employees (http://www.

envoyglobal.com/resources/PDF/

Envoy-HR-Guide-GreenCards.pdf).

Validity Period

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H-1B VISA

N U M B E R O F D A Y SBEFORE CAP REACHED

7 DAYS

72 DAYS*

236 DAYS*

301 DAYS

266 DAYS

2017201620152014

2013

2012

2011

2010

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 P E T I T I O N SRECEIVED IN LAST THREE YEARS

236,000FY2017

233,000FY2016

172,000 FY2015

The H-1B CapThe H-1B work visa cap has filled quickly in recent years, requiring thousands of unselected petitioners to refile the following season or find a viable alternative. As more U.S. companies rely on foreign national talent to fill highly technical roles, and the H-1B work visa for specialty workers grows more popular, the intensity of competition during the cap season has reached an all-time high. Read on for a snapshot of cap seasons past, and gain insight into today’s most competitive U.S. work visa.

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APPLICATION PROCESS

Here is an overview of the application process.

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 and documents submitted

Envoy-a�liated attorneys review information and prepare case

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02APPLICATION PROCESS

Access Your Account

Your employer has created an online account with Envoy, which allows both of you to complete your designated portions of the H-1B application process including the submission of information to Envoy-affiliated attorneys and uploading documentation to support your case for a work visa.

STEP 1

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02APPLICATION PROCESS

Dependent VisasYour spouse and unmarried children 21 years old and younger may accompany you and be awarded 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. For help opening dependent petition cases, contact the customer support team.

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.

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Supporting Documentation Employee Documents:

• Passport

• Form I-94 Arrival/Departure Record

• Diploma

• Official 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 you have a non-U.S. degree. Contact the customer support team for more information.

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.

Any foreign-language documents, such as transcripts and diplomas, must be translated into English.

To complete this step, submit the case for another attorney review.

APPLICATION PROCESS

STEP 3 Upload Supporting Documents

Throughout the questionnaire, you’ll be prompted to upload a series of documents.

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02APPLICATION PROCESS

STEP 4

STEP 5

Attorneys file Labor Condition Application (LCA)

LCAAPPLICATION

The LCA is a promise made by your employer to the Department of Labor (DOL) that you will be paid the prevailing wage. To begin the certification process, the attorneys will obtain a prevailing wage determination from the DOL, which is an industry-standard wage assessment for your position in your region. Once that’s completed, the attorneys will prepare the LCA packet. Once the LCA is certified, the rest of the application can be completed.

Petition Filed with USCIS

Once the application has been prepared, the Envoy-affiliated attorneys will send the completed I-I29 Petition for a Nonimmigrant Worker along with all supporting documentation to USCIS for arrival the first week of April.

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.

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 week USCIS accepts H-1B visa applications. In the event that April 1 falls on a weekend or government holiday, the lottery will open the following business day.

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 Envoy via mail.

USCIS adjudicates the applications accepted into the lottery.

First day a new H-1B holder can begin work. You will have to wait until the change of status is approved to begin working, unless you are holding another status that provides work authorization.

BY MARCH 20

1ST WEEK OF APRIL

OCTOBER 1

APRIL 7

MAY-JUNE

MAY-JUNE

02APPLICATION PROCESS

Transfer CasesTransfer cases don’t have to follow this timeline since they are not subject to the cap. Instead, your new employer can sponsor the transfer petition at any time of the year.

Post ApprovalWhen can you begin working? There are two options:

1. You may begin working with your new employer 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’ll let you know that you can begin working.

2. Some companies prefer to wait until they have received an official receipt notice from USCIS to allow you to begin working. If this is the case in your situation, 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.

Note: Cases can be filed with premium processing, which speeds up the USCIS adjudication process.

However, it does not give the petition priority status over other Envoy cases.

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.

10ENVOY - SPONSORING AN H-1B VISA PETITION

RENEWAL OPTIONS

Your H-1B status is valid for up to three years. After that period, your petition can be renewed for 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 be sponsored for legal permanent residency (a green card) within the first two years of employment.

Learn more about the green card application process in the Green Card Overview for Employees.

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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 Envoy-affiliated attorney or another qualified professional.

Website, technology platform and administrative services provided by Envoy Global Inc., a Delaware corporation. Legal services provided by Envoy-affiliated attorneys. © 2017, Envoy Global Inc., All Rights Reserved.

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