MDIVANI CORPORATE IMMIGRATION LAW FIRMOur Areas of Expertise

H-1B Professional Visa

H-1B visa is a “workhorse” of business immigration.   Employers who learn how to use H-1B visas are way ahead of others in competing for the best technical talent in the world.   On the other hand, those employers are routinely put-off and disappointed by the numerous  hurdles the Department of Labor and US Citizenship and Immigration Services erect between the business need and availability of visas to be able to employ qualified workers to fill those needs.

ROLE OF A CORPORATE IMMIGRATION LAWYER in the H-1B PROCESS:

We evaluate facts, advise employer on the best way to proceed, let the employer know what to expect at every step of the way, draft and file the I-129 Petition for H-1B classification and change/extension of status/consular processing, and if necessary, prepare the employer consular package for the foreign worker’s H-1B visa application abroad.   We also assist, if necessary, with I-9 issues involving documenting work authorization for H-1B workers, especially in cases of pending extensions.

Resources & Training: 

H-1B Process in Stages

Stage 1:  Review and H-1B Petition Preparation

  1. H-1B CHECKLIST to Employer
  2. Signed LSA and CONFLICT WAIVER received
  3. LEGAL FEES received
  4. H-1B TRAINING offered
  5. REVIEW H-1B checklist information and documents received from Employer, analyze evidence, additional questions very likely
  6. JOB DESCRIPTION: define minimum requirements
  7. File PREVAILING WAGE (PW) request with DOL
  8. File LABOR CONDITION APPLICATION (LCA) with DOL + LCA copy & instructions to employee
  9. Post LCA for ten business days or Notice to Collective Bargaining Representative, if any
  10. Set up a LCA PUBLIC ACCESS FILE
  11. Issue FILING CHECKS payable to Department of Homeland Security – Premium Processing?

Stage 2:  Petition is Filed with USCIS

  1. File I-129 PETITION with USCIS for H-1B Classification + Change of Status, Extension of Status, or Consular Processing
  2. Handle possible RFE/Request for Evidence or NOID/Notice of Intent to Deny

Stage 3:  USCIS Has Made a Decision

  1. If DENIED , consider refilling and other options
  2. If APPROVED , what was approved?  H-1B classification and what, if anything, else?
  3. New I-94 :  Form I-9 Employment authorization update – Section 3

Stage 4:  Consular Processing

Consular Processing: if COS/EOS denied & when employee travels abroad:  prepare EMPLOYER CONSULAR  PACKAGE
H-1B Checklist for Employers
We ask for a lot of information, and appreciate your work on getting us the answers and documents.   It is best to return this checklist with your answers and documents in one e-mail.  Please answer all the questions and collect electronic copies of all the documents.  When everything is ready, please e-mail the checklist with requested documents to Mira Mdivani at mmdivani@uslegalimmigration.com
We will be very happy to see Word files, attached scanned PDF files, links to websites, or files in any other electronic format.  We look forward to reviewing your answers and documents.  Thank you.

EMPLOYER SECTION  – to be completed by Employer

Information about the U.S. Employer:
  1. Full legal name of the employer
  2. Year business was established
  3. Address of the employer
  4. Employer’s federal tax ID number / FEIN
  5. NAICS code, if known ( http://www.census.gov/cgi-bin/sssd/naics/naicsrch)
  6. A short paragraph describing the business
  7. Website address
  8. Number of employees in the U.S
  9. Number of H-1B employees
  10. Last reported annual revenue, from filed tax return
  11. Last reported annual net income, from filed tax return
  12. Have you received any TARP funding?
  13. Electronic copy of most recent corporate tax return
  14. Electronic copy of 941 returns for two last quarters
  15. Who will sign the petition on behalf of the employer
    1. Full Name
    2. Title
    3. Phone Number
    4. E-Mail
    5. Mailing Address
  16. Who will work with the employer’s attorney on the petition?
    1. Full Name
    2. Title
    3. Phone Number
    4. E-Mail
    5. Mailing Address
  17. Who will the H-1B worker report to?
    1. Full Name
    2. Supervisor’s Title
    3. Phone Number
    4. E-Mail
    5. Mailing Address
  18. Please answer the following employer questions with yes or no.
    1. Are you covered by ACWIA?
    2. Is the position covered by a Collective Bargaining Agreement (CBA)?
    3. Are you requesting consideration of Davis-Beacon (DBA) or McNamara Service Contract (SCA) Act?

Information about the Job to Be Offered:

  1. Proposed dates of employment
  2. Proposed Job Information, including:
    1. Title
    2. Job Duties (Please describe job duties specifically, including any required tools/knowledge/skillset)
    3. Minimum Educational requirements for the position
      1. Please specify major required
    4. Minimum Experience requirements, if any
  3. Will employee be closely supervised?
  4. Will the H-1B employee supervise anyone?
    1. If yes, how many employees will the H-1B employee supervise, and what are the job titles of employees reporting to this position?
  5. Proposed salary
  6. Short paragraph describing benefits offered to the H-1B employee
  7. Are benefits offered to H-1B employee different from those offered to non-H-1B employees?
  8. Is this a full-time job?  How many hours per week?
  9. Daily hours of work, from ____ to ____.
  10. Full address of the facility where employee will be employed
  11. What county is the job located in?
  12. Closest DOL job classification title/number, if known

Additional Information:

It is very likely that we will have to ask you for more information or documents, depending on your answers to this checklist.  We appreciate your cooperation and patience throughout the process.
H-1B Checklist for Employees
We ask for a lot of information, and appreciate your work on getting us the answers and documents.   It is best to return this checklist with your answers and documents in one e-mail.  Please answer all the questions and collect electronic copies of all the documents.  When everything is ready, please e-mail the checklist with requested documents to Mira Mdivani at mmdivani@uslegalimmigration.com
We will be very happy to see Word files, attached scanned PDF files, links to websites, or files in any other electronic format.  We look forward to reviewing your answers and documents.  Thank you.

EMPLOYEE SECTION (to be completed by potential H-1B Employee)
Information About the Potential H-1B Worker:
  1. Full legal name
  2. Any other name, if ever used
  3. U.S. Social Security Number, if any
  4. Contact information
    1. Phone number
    2. Cell phone number
    3. e-mail
    4. Address in the U.S.
    5. Address abroad
  5. Date of Birth, please spell out the month
  6. Town, Province, and Country of Birth
  7. Country of Citizenship:
    1. If more than one citizenship, please indicate here
  8. Passport Information:
    1. Passport number
    2. Date passport was issued
    3. Date passport will expire
    4. Please provide an electronic copy of your passport
If in the U.S.:
  1. Visa information, if applicable:
    1. Type of Visa
    2. U.S. Consulate where visa was issued
    3. Date visa was issued
    4. Visa number
    5. Please provide an electronic copy of your visa
  2. Last U.S. Entry:
    1. Date of last entry
    2. What status you entered in
    3. I-94 number
    4. I-94 expiration date
    5. Please provide an Electronic Copy of I-94:  Click “Travel History” for your most recent date of entry.
  3. Previous U.S. Entries:
    1. Date you entered U.S.
    2. Status/Visa?
    3. Date you left U.S.
Please list and provide documentation of EVERY H-1B you have ever had:
  1. Any periods of stay in the U.S. in H-1B or L-1 status (list all), if applicable:
    1. Date H-1B or L-1 status began
    2. Date Status expired
    3. Name and address of sponsoring Employer
    4. Please provide electronic copies of all I-94s, USCIS approval notices and visas, if any were issued by the U.S. government
  2. Any period of stay in F-1 student status, if applicable:
    1. Please provide copy(ies) of F-1 student visa(s)
    2. Please provide all I-20s
    3. Please provide all EADs, if any
  3. Any period of stay in J-1 status, if applicable:
    1. Please provide dates
    2. Please provide all DS-2019 or AIP-66
  4. Have you or anyone on your behalf ever applied for permanent resident including labor certification, I-140 or any other petitions or applications?
    1. If so, provide dates and copies
Education:
What college/university degrees do you hold?   Please state name(s) of the degree(s), major(s), name of college/university, and year degree(s) was/were issued.
    1. Provide an electronic copy of all college degrees
    2. Provide an electronic copy of all college transcripts
Experience:
Please provide an electronic copy of you most current CV/resume.
Problems with the Law:
Have you ever had any problems with the law in the U.S. or anywhere in the world?
Denials and Removal:
  1. Has the U.S. Consulate, USCIS, or U.S. Customs and Border Patrol ever denied your visa application, petition, or request for admission?
  2. Have you ever been in removal (deportation proceedings) in the U.S.?  Have you ever been in the U.S. out of status?
Family:
Will any family members (spouse, children) require H-4 dependent visas?
If so, provide names, dates of birth, place of birth, country of citizenship, current immigration status, copies of passports and I-94s, certificates of marriage, and birth certificates.
Additional Information:
It is very likely that we will have to ask you for more information or documents, depending on your answers to this checklist.  We appreciate your cooperation and patience throughout the process.
H-1B Timeline
https://uslegalimmigration.com/wp-content/uploads/2017/11/h1-b-timeline.png
Mdivani Corporate Immigration Law Firm

7007 College Blvd, Suite 460

Overland Park, KS 66211

913.317.6200

(c) Mdivani Corporate Immigration Law Firm, LLC 2004 - 2018