Requirement 1 – You must have an employer-employee relationship with the petitioning U.S. employer.

In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker. In some cases, the sole or majority owner of the petitioning company or organization may be able to establish a valid employer-employee relationship, if the facts show that the petitioning entity has the right to control the beneficiary’s employment.

Requirement 2 – Your job must qualify as a specialty occupation by meeting one of the following criteria: 

• A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
• The degree requirement is common for this position in the industry or the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position;
• The employer normally requires a degree or its equivalent for the position, or The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

Requirement 3 – Your job must be in a specialty occupation related to your field of study.

Requirement 4 – You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.

The prevailing wage is determined based on the position in which you will be employed and the geographic location where you will be working (among other factors). The U.S. Department of Labor (DOL) maintains a database with applicable current prevailing wage levels based on occupation and work location. To view the wage database and estimate the prevailing wage that may be required for your position, click here.

Requirement 5 – An H-1B visa number must be available at the time of filing the petition unless the petition is exempt from numerical limits.

The H-1B visa has an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization, or a government research organization are not subject to this numerical cap.  Cap numbers are often used up very quickly, so it is important to plan in advance if you will be filing for an H-1B visa that is subject to the annual H-1B numerical cap. The U.S. government’s fiscal year starts on Oct. 1. H-1B petitions can be filed up to 6 months before the start date, which is generally April 1 for an October 1 start date.

H-1B Regular Processing

At The Law Offices of Yongbing Zhang will first evaluate your situation via consultation by email, fax, or telephone. If the evaluation result is positive and feasible, we will recommend that you apply for H-1B status. As part of our H-1B service, we will: obtain the prevailing wage determination (PWD) for your job from the National Prevailing Wage Center (NPWC) or a private survey agency; guide you to collect all the information and documents required for the H-1 application and, if applicable, the H-4 application(for dependent spouse and children); file a Labor Condition Application and obtain approval from the Department of Labor; complete USCIS’s H-1B forms; draft the petition letter for the employer; and submit a set of completed and signed H-1B petition materials to the USCIS.

In the event that the USCIS requests additional evidence about your pending application, an experienced attorney will submit the additional documentation required for your case.

H-1B Premium Processing

An experienced attorney(s) atThe Law Offices of Yongbing Zhang will do a preliminary evaluation of your situation via email, fax or telephone consultation. If the evaluation result is positive and feasible, we will recommend that you apply for H-1B status with a request for premium processing, in which the USCIS will make an initial decision on your case within 15 days.

We will finish the paperwork and file your petition within 3 business days of receiving all required documents from you.

In case the USCIS requests additional evidence about your pending application, an experienced attorney will submit the additional documentation required for your case.