Citizenship and Immigration Services is not required for the employment to begin, only the issuance of the receipt notice.
H-1B petitions are not transferable between employers.We can only provide estimates of the timing involved. Please note that we cannot guarantee that a H-1B petition will be approved by any specific date. This part of the process may take two to six months, depending on current federal processing times and whether an expedited processing fee is paid. When the case is approved, we will notify you (the hiring unit) and the applicant. Citizenship and Immigration Services (USCIS). If the LCA is approved by the DOL, we submit the H-1B petition to U.S. Once the actual or prevailing wage has been determined, we submit a labor condition application (LCA) to the Department of Labor. If necessary, we submit a Prevailing Wage Request to the Department of Labor. Department of Labor regulations and the hiring unit’s Actual Wage statement (submitted with the application materials). When all application materials are received, International Services determines the H-1B prevailing wage, based on the U.S. § 655.731(c)(9)(ii) and (iii)(C)).3 Submit the application (Office of Global Learning). Travel expenses while on employer’s business (20 C.F.R.Any expenses, including attorney fees and the premium processing fee (INA § 286(u)) directly related to the filing of the Petition for Nonimmigrant Worker (Form I-129/129W) (20 C.F.R.Any expenses, including attorney fees, directly related to the filing of the Labor Condition Application (Form ETA 9035 and/or ETA 9035E) (20 C.F.R.Any deduction for the employer’s business expenses that would reduce an H-1B worker’s pay below the required wage rate (20 C.F.R.Any part of the statutory $500 fraud protection and detection fee imposed by USCIS (INA § 214(c)(12)(A)) and/or.Citizenship and Immigration Services (USCIS) (INA § 212(n)(2)(C)(vi)(II)) Any part of the statutory training and processing fee imposed by the Department of Homeland Security’s U.S.
H1B PROCESSING TIME FULL
This fact sheet provides general information concerning illegal wage deductions under the H-1B program.Īn H-1B worker, whether through payroll deduction or otherwise, can never be required to pay the following:Ī penalty (as defined by state law) for the worker’s failure to complete the full employment period (INA § 212(n)(2)(C)(vi)(I))
However if the beneficiary pays the Premium Processing fee for the H1B Visa and it does not reduce his/her effective wage below the prevailing wage indicated on the LCA it should be fine.įact Sheet #62H: What are the rules concerning deductions from an H-1B worker’s pay? Our view is this: The safe harbor approach is for the Employer to pay the Premium Processing fee. Unfortunately this lack of clear guidance sometimes occurs in employment based immigration. USCIS says the beneficiary can pay the Premium Processing fee. DOL says only the employer can pay the Premium Processing fee. Who can pay the $2,500 USCIS fee for Premium Processing fee for the H1B Visa?: If the petition or application requires the submission of additional evidence or a response to a notice of intent to deny, a new 15 calendar day period will begin upon receipt by USCIS of a complete response to the request for evidence or notice of intent to deny. USCIS will issue an approval notice, a denial notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation within the 15 calendar day period. The 15 calendar day period will begin when USCIS receives the petition.Ĭlick here to see a list of other USCIS petitions that allow premium processing. The process involves submitting a completed and signed USCIS form I-907 and paying $2,500 payment to Department of Homeland Security.ĭepartment of Homeland Security guarantees a 15 calendar day processing time or they will refund the $2,500 Premium Processing Service fee. Premium Processing for the H1B Visa is a service provided by the Department of Homeland Security (USCIS) that offers 15 day processing time.
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