Understanding the H1B visa petition process can be overwhelming, especially given the meticulous detail it demands. Our straightforward 10-step guide simplifies the process and helps you ensure every requirement is met, making your H1B application seamless and reducing the likelihood of rejection or denial by USCIS.
- Cover All Required Filing Fees: An H1B Visa Petition must be accompanied by all requisite USCIS filing fees. These may vary depending on the nature of the filing. Always stay updated with the current USCIS filing fees to prevent petition rejections due to incorrect fee amounts.
- Ensure Correct Signatures and Execution of Forms: All supporting forms and documents must meet USCIS signature requirements and be properly filled. Missing or improperly signed forms can lead to petition rejection or denial.
- Complete and Include all Required Forms: Incomplete or missing forms can result in a petition rejection. Ensure all USCIS forms and pages are complete and included in your petition.
- Provide Proof of Cap-Exempt Status or Cap-Subject Lottery Selection: Your H1B Petition must be supported by proof of your Cap-Exempt status or a lottery selection confirmation.
- Include a Certified and Executed Labor Condition Application (LCA): Each H1B Visa Petition should include a certified LCA from the US Department of Labor, covering the profession, time period, and area of employment.
- Include a Support Letter Detailing the Specialty Occupation: Include a letter addressed to USCIS detailing the nature of the job, how it qualifies as a specialty occupation, the job duties, the qualifications of the beneficiary, and the intended employment period and wage.
- Provide Proof of the Beneficiary’s Qualifications: The petition should be supported by proof of the beneficiary’s qualifications for the specialty occupation, such as degrees, certificates, licenses, or relevant experience.
- Show Proof of the Beneficiary’s Maintenance of Status: If the beneficiary is inside the US and requesting a change or extension of status, proof of maintained visa status is required.
- Mail the Petition to the Appropriate USCIS Service Center: The USCIS service center varies depending on the work location and filing type. Make sure your petition is mailed to the correct service center.
- Review Your Petition: Ensure all requirements are met and nothing is overlooked by thoroughly reviewing your petition before filing.
Follow these steps to make your H1B visa petition process hassle-free and successful.
H-1B Visas for Specialty Occupations
Schedule a Consultation with an Immigration Lawyer
Additional Outside Resources
We Can Help!
You may have questions regarding the H1B visa petition process. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.