How Long Is H1b Extension Taking In Texas Service Center

Since it began in 2001, the premium processing service has been a major relief to the U.S. work visa petitioners and casher, especially the H-1B applicants. This optional, but highly beneficial service allows visa applicants to expedite their application processing provided they meet the eligibility requirements.

What is an H-1B Visa?

The H-1B category is a temporary employment-based visa for strange nationals who wish to perform specialized services in different subcategories. Due to its relatively low requirements, information technology is the nigh pop nonimmigrant piece of work visa in the United states. Yous may utilise for an H-1B visa under whatever of these three subcategories:

H-1B: Specialty Occupations;
H-1B2: Department of Defense (DOD) Cooperative Enquiry and Development Project; or
H-1B3: Fashion Model

What is Premium Processing?

In general terms, premium processing for a visa application is a unique service that provides expedited processing for certain work-based petitions and applications. The H-1B visa, just like near employment-based petitions, requires that y'all have a job offer in the United States in whatever of the three subcategories. Yous must also meet the eligibility criteria for the visa. After giving yous a chore offer, your prospective U.S. employer will also need to sponsor your visa by following the guidelines below:

Department of Labor Certification

Your prospective employer will begin the process past filing an ETA 9035, Labor Condition Application (LCA) to apply for and receive the U.S. Section of Labor (DOL) certification. This DOL procedure applies to the specialty occupation and fashion model subcategories.

I-129, Petition for Nonimmigrant Worker

In one case the DOL certification is approved, the petitioner volition proceed past filing an I-129. The class must be completed, signed, and submitted along with the filing fee and related supporting prove. The approved DOL-certified LCA must exist submitted along with the I-129 petition.

H-1B Visa Application

In one case the above processes have been completed and approved, you (the beneficiary) can at present utilise for an H-1B visa with the U.Southward. Department of States (DOS) at a U.Due south. consulate or diplomatic mission in your country of residence. The processing for all these different stages usually takes several months to consummate.

When is the H-1B Premium Processing Service Needed?

H-1B visa petitioners and applicants usually choose to use the premium processing services when they demand to expedite the procedure and cannot afford to wait for the long H-1B processing time. It has a different filing fee, which must be paid when submitting your petition. The USCIS guarantees 15 calendar day processing time to the premium processing petitioners or applicants.

If the request isn't granted after the 15 days, a refund of the filing fee will be made. In a situation where the awarding requires the submission of additional evidence or a response to a notice of intent is denied, the USCIS will notify the petitioner. In this case, a new 15 agenda day menstruum will brainstorm once the USCIS receives a complete response to the asking for evidence.

Who is Eligible to File for the H-1B Premium Processing Service?

The H-1B premium processing service is filed by an employer on behalf of an alien visa beneficiary. The exception you lot are filing applying for an H-1B visa as an entrepreneur, in which y'all volition set upwards your ain visitor with a board of directors or CEO and then take the company sponsor your H-1B petition. In all other cases, but your employer tin can file. The USCIS also allows the attorney or representative who has filed a G-28 notice of appearance on behalf of the employer to request for this service.

Due to the annual numerical restrictions on the H-1B visa, it is recommended that the petitioner verify whether a cap applied to the chosen category has been met before filing for premium processing. This is because filing a premium processing application does not excuse beneficiaries from the cap.

Keep this in listen, considering if your petition is subjected to the H-1B cap, you volition exist restricted to certain dates for filing. Yous will only exist able to file during the outset week of April and volition only exist able to obtain your H-1B on October 1st. This ways that you will need to wait through this six-calendar month period even if you apply premium processing to expedite your petition's processing time.

How to Request for Premium Processing Service

An H-1B petitioner, attorney, or representative must complete an I-907, Asking for Premium Processing Service. This form may be filed concurrently with the I-129 or filed separately. A concurrent petition may exist filed with the service center stated as the appropriate location on the class instructions. Withal, if yous have already filed your I-129 and at present wish to request for a premium processing service separately, you lot will need to file your I-907 with the visa service middle where the I-129 is currently awaiting.

The request must be submitted with a copy of the I-797, Receipt Notice for the I-129. If your petition has been transferred to another service centre by the USCIS and yous were sent a transfer notice, it is very important to file your I-907 with the service eye along with the transfer notice. The USCIS may turn down your premium processing request if you file your I-907 at an office that doesn't accept geographic jurisdiction over the underlying petition.

The USCIS has a special phone number and e-mail address for each of the service centers, which is ever made available to premium processing service users to communicate with the officers in charge. Additionally, they will as well collect your contact information and so that you tin be sent an automatic email notification of the receipt and/or approval of your petition.

What is the Filing Fee for H-1B Premium Processing?

The USCIS H-1B visa filing fees are paid by the employer, but some can be paid past the beneficiary if good reasoning is stated. Currently, at that place are four major components of the fees if you are using the premium processing service. They are as follows:

H-1B Premium Processing Service fee – $1,440.
Fraud Prevention and Detection fee – $500
I-129 Petition Filing Fee – $460
Public Law 114 – 113 Fee: $4,000 (This is applicable to organizations that have upwards of 50 employees with more than one-half of H-1B or L-1 status).

Other optional fees include immigration attorney fees and certain charges at the embassy or consulate. These charges vary widely depending on your choice of attorney and the charges applicable at the embassy.

H-1B Visa Requirements

An H-1B visa applicant must accept at to the lowest degree a bachelor'due south caste or its equivalent in order to qualify. The annual total quota for this H-1B visa category is 65,000 with an additional twenty,000 H-1B visas for qualified applicants who have a main'south caste from the United states of america. Each of the three subcategories has specified requirements every bit follows:

H-1B premium processing

H-1B: Specialty Occupations

The H-1B visa for specialty occupations requires applied and theoretical expertise in different fields such as finance, Information technology, bookkeeping, mathematics, medicine, and science. Your task under this subcategory must run across one of the following criteria to authorize every bit a specialty occupation:

The minimum entry requirement for the position is a available's degree or higher or its equivalent
The required caste for the position is common in the industry, or the job is so unique or complex that it can be done only be a bachelor's caste holder
The employer unremarkably requires a minimum of a bachelor's degree or its equivalent for the chore
The nature of the tasks for the position is so specialized that required knowledge to carry them out requires a bachelor'south caste

H-1B2: DOD Research and Development Worker

For this subcategory, your job must meet ane of the post-obit criteria to qualify for a DOD cooperative research and development project:

The projection is provided for nether a government-to-regime agreement managed by the U.S. Department of Defense
A minimum of a bachelor's caste or its equivalent is required to perform the duties.

H-1B3: Fashion Model

In guild to authorize for this subcategory, you will need to testify that:

The services or position yous are applying for require a prominent way model.
As an applicant, you are a fashion model of extraordinary ability and merit.

To authorize as an applicant for either of H-1B or H-1B2 position, you must as well meet 1 of the following criteria:

Take completed a U.S. bachelor'southward degree or higher degree that is required for the position from an accredited university or college
Accept an equivalent foreign degree required for the position
Agree an unrestricted state registration, license, or certification every bit an authorization to fully exercise within the industry and be engaged in that job position in the land of intended employment
Have grooming, education, or progressive experience in the specific field that is equivalent to the completion of the required degree.

What Is the H-1B Visa Validity Period?

The H-1B nonimmigrant visa has an initial three-year menstruum of stay from your employment outset date. Simply similar most other nonimmigrant employment visas, you may extend the visa after the initial three years. Still, in many cases, the total period of stay cannot get across half dozen years. This means you can only have a maximum of three years extension later on the first blessing.

The exception to this would be if you had an approved I-140 filed with the USCIS. In this example, yous may be able to utilise for an extension across the typical half dozen-year maximum.

If your employer terminates your employment before the finish of your authorized period of stay, they will be liable for the reasonable costs and your return transportation. But if you choose to resign your position voluntarily, your employer will not exist liable in any way.

Can an H-1B Holder Apply for a Green Card?

You can use for and acquire a light-green carte by adjusting your status from an H-1B nonimmigrant to a permanent resident. This is 1 of the advantages of the H-1B visa, specially if you nevertheless desire to remain in the United States after the expiration of your six-twelvemonth period of stay.

In this instance, you must have a U.S. employer who is willing and qualified to sponsor your green card. The employer will need to offer y'all a task position that qualifies under an employment-based dark-green card category, complete PERM Labor Certification process, and also file an I-140 Immigration Petition for Alien Worker on your behalf.

You may run out your full vi years stay while you wait for your light-green card. Equally previously mentioned, if you are faced with this scenario, you tin request an extension of your H-1B in one-year increments. This volition permit you to maintain a lawful nonimmigrant status while yous wait for your greenish carte.

H-1B Premium Processing Interruption

While premium processing is advantageous in many cases when it comes to H-1B visas, it is not a guaranteed service. In social club to permit for the processing of H-1B petitions that did not opt for premium processing, the USCIS may suspend premium processing for all H-1B petitions for a season. This has happened several times over the by several years, and then exist certain to stay upwards-to-date with the latest H-1B news to run across if premium processing will exist available for your petition.

How Our Immigration Attorneys Can Help

H-1B premium processing is a highly sought-later on clearing service. Filing your petition improperly could lead to filibuster, denial, or rejection. This is why it is essential to seek immigration legal aid from an experienced H-1B premium processing attorney.

VisaNation Law Grouping has a team of highly qualified H-1B attorneys with an excellent track record of helping applicants obtain their visas in record time with premium processing service. They volition help yous file your petition and ensure all required documents are included to avoid delays or Requests for Evidence (RFEs). They volition besides guide you through each of the stages involved. You can schedule a consultation with 1 of VisaNation Law Group's H-1B experts today by filling out this contact grade.