The fees to USCIS for an H-1B petition include the $500.00 anti-fraud fee paid only for the initial petition, the $325.00 fee for I-129 form, and an employer fee of either $1,500.00 for employers with more than 25 employees, or $750.00 for employers with 25 or fewer employees. These fees must be paid by the […]
USCIS regulations define a “specialty occupation” as an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the […]
To show that a position is a specialty occupation, the petitioning employer must show one of the following: a) that a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; b) the degree of requirements common to the industry in parallel positions or in the alternative, […]
As a prospective Beneficiary of an H-1B petition, you need to meet the following requirements: a) hold a U.S. baccalaureate or higher degree required by the specialty occupation from an accredited college or university or b) hold a foreign degree determined to be equivalent to a U.S. baccalaureate degree. USCIS may request an evaluation of […]
I am a U.S. employer seeking to hire an employee pursuant to an H-1B visa. Is there a specific salary requirement I need to pay attention to?
Yes. All H-1B workers must receive the same benefits as U.S. workers. USCIS regulations require that the foreign employee be paid the “prevailing wage” that is paid for the position in the area of employment. This can be determined by accessing the Department of Labor online wage library for a preliminary determination or conducting a […]