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– H1B Regular Processing

H1B visa applications can be filed by US employers one of 2 methods:
– H1B Regular Processing, or
– H1B Premium Processing

The difference is that H1B Premium Processing is a faster method to obtain an H1B visa. However, the US Government does charge an extra fee of $1,225 for Premium Processing (to expedite the application processing in as little as 15 days).

Regular Processing is a more cost-effective method but it takes longer. There is no set timeframe for a visa to be processed by the USCIS when filed through Regular Processing (it can take anywhere from 1 month to 6 months)

Below is an outline for the Regular H1B visa Processing method

H1B Visa – ‘ Regular’ Application Process:

Offer & Acceptance of H1B Employment – H1B Sponsoring Company files a petition on your behalf.
An employer can be an individual, partnership or corporation. Applications are “job specific.” If your situation changes (for example, you lose your job or change locations), your new employer must file a new H1B visa petition. The visa is only valid for work with the employer that filed the original petition. The USCIS requires employment letters which provide:
» Specific information addressing the positions held
» The exact duties of the position
» The exact dates of employment
» Information regarding the supervisors and co-workers of the beneficiary.

The ‘Prevailing Wage’ and actual wage must be determined and compared. The H1B sponsoring company is required to pay the higher of the two.
The prevailing wage is determined by the State Employment Security Agency by completing a special form, which asks the employer for the responsibilities, skills and experience needed for the job. The actual wage is determined by comparing other workers in the same positions with the same level of experience.

File the Labor Certification Application (LCA).
This is a form that contains information about the H1B Sponsoring Company. By completing and signing the form, the sponsor company is agreeing to pay the higher of the two wages, that the employment of this individual will not adversely affect the conditions of other workers and that there is no strike for their occupation at the workplace. Recently, Congress determined that H1B sponsor companies must attest that they will offer H1B visa holders the same benefits as their other workers. This includes health, life, medical, retirement, stock options and bonuses.

When the LCA is approved, the Department of Labor (DOL) will return a certified copy to the H1B sponsoring company.

The sponsor company must post notices at two conspicuous places at their business of the H1B visa filing for 10 days or provide notice of the filing to the collective bargaining representative for their employees.
The LCA form can be used for the actual posting as well. After the Department of Labor accepts the LCA, then your employer can file your H1B visa petition.

H1B Petition assembled & filed with appropriate USCIS Service office.
The filing must include the required forms, fees, documents and information; form I-129, education & experience evaluation & documents, training certificates, professional memberships, resume, employment agreement and letter of support.

Wait for the H1B petition to be processed.
Processing times vary depending upon service center and the visa. It could be a few months wait. If the H1B employer can show a substantial need for the employee, USCIS might approve the petition sooner. Employment cannot begin, however, until USCIS has issued the appropriate visa.

Receipt issued by USCIS
The petitioner (sponsoring company) is sent a receipt by the USCIS Service Centre which bears a 9 digit reference number pertaining only to that particular case, H1B processing times and general information about the petitioner and foreign worker. This is the petitioners first confirmation that the petition is in the adjudicating queue.

A notice is generated by the prospective employerand mailed to the applicant notifying him/her of this receipt and outlining information on processing times etc. The notice should warn the consultant not to resign from current employment, sell accommodation or make any major life changes until it is communicated that the H1B visa petition has been approved.

Petition Approval
Generally a case will be approved within or on the designated time frame outlined in the USCIS receipt. An approval notice (Form I-797) is issued to the petitioner. The Form I-797 shows dates of validity for the foreign worker to work in H1B status for the petitioner .

~ The H1B visa beneficiary then applies for personal and family visas at the Consulate.
~ Normally, people apply to the Consulate that is closest to where they live.
~ Visa processing normally takes 2-3 days, depending on the Consulate.

Once the passports are returned with valid H1B visa stamp, the Consultant and his/her family may enter the U.S. in H status.

* View details of the latest H1B Fees Increase

* To learn how to expedite your H1B visa application by using the Premium Processing Service ~ click here

H1B Visa Learning and Information:

For Professional Assistance to obtain H1B Jobs and Visa Sponsorship – GO HERE

» H1B VISA – Program Overview

» H1B Visa Requirements to Qualify for an H1B Work Visa

» H1B Professions that Qualify to obtain an H1B visa

» H1B Visa Filing Procedure – for H1B Premium Processing

» List of H1B Documents Required for H1B Visa Petition Filing

» H1B Visa Fees and Costs for Filing an H1B Application

» H1B Visa Extension – Steps to Extend / Revalidate an H1B Visa

» H1B Visa Transfer – How to Transfer an H1B to a new Employer

» Multiple H1B Visas – Rules for Holding Multiple H1B visas for multiple Employers

» H1B Visa Status – Procedure To Check the Status of a Filed H1B Visa Application

» H1B Visa Interview at the US Consulate Office Explained

» H1B Visa Stamping – Documents and Procedure for H1B Stamping

» Information for H1B Employers and H1B Sponsor Companies

» The H1B Cap Exempt Visa Program Explained

H1B Visa News including Latest H1B Quota Updates

August 25, 2017August 25, 2017

Optional Practical Training (OPT) for F-1 Students

Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.

Types of OPT

All OPT must be directly related to the student’s major area of study. Students may participate in OPT in two different ways:

Pre-completion OPT: F-1 students may apply to participate in pre-completion OPT after they have been enrolled in school for one full academic year. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full time when school is not in session.
Post-completion OPT: F-1 students may apply to participate in post-completion OPT after completing their studies. Students authorized for post-completion OPT may work part-time (at least 20 hours per week) or full-time.

Please Note: Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis for one full academic year at a college, university, conservatory, or seminary that has been certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enroll F-1 students. The “one full academic year” requirement may be satisfied while in another nonimmigrant category, not just while in F-1 status. Students may participate in OPT both before and after completing their studies. However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.

STEM OPT Extension

Students who have earned degrees in certain science, technology, engineering and math (STEM) fields may apply for a 24-month extension of their post-completion OPT employment authorization if they:

Are an F-1 student who received a science, technology, engineering, or mathematics (STEM) degree included on the STEM Designated Degree Program List (PDF),
Are employed by an employer enrolled in E-Verify, and
Received an initial grant of post-completion OPT employment authorization based on their STEM degree.

If you are interested in applying for a STEM OPT extension, please see our Optional Practical Training Extension for STEM Students (STEM OPT) page for more information.

Applying for OPT

Generally, if you are an F-1 student who wants to apply for OPT, you must:

Request that your designated school official (DSO) at your academic institution recommend the OPT. Your DSO will make the recommendation by endorsing your Form I-20 and making the appropriate notation in the Student and Exchange Visitor Information System (SEVIS).
Properly file Form I-765, Application for Employment Authorization with USCIS, accompanied by the required fee and the supporting documentation as described in the form instructions.

When to apply

If you are applying based on a…	For…	Then you…
STEM degree	Pre-completion OPT	Must apply within 30 days of your DSO entering the recommendation for OPT into your SEVIS record, and May apply up to 90 days before you complete a full academic year, as long as you do not start OPT employment until you complete one full academic year.
STEM degree	Initial post-completion OPT	Must apply within 30 days of your DSO entering the recommendation for OPT into your SEVIS record, and May apply up to 90 days before you complete your degree, but no later than 60 days after you complete your degree.
	Post-completion STEM OPT extension	Must apply within 60 days of your DSO entering the recommendation for OPT into your SEVIS record, and May apply up to 90 days before you complete your degree, but no later than 60 days after you complete your degree.
Non-STEM degree	Pre-completion OPT	Must apply within 30 days of your DSO entering the recommendation for OPT into your SEVIS record, and May apply up to 90 days before you complete a full academic year, as long as you do not start OPT employment until you complete one full academic year.
Non-STEM degree	Post-completion OPT	Must apply within 30 days of your DSO entering the recommendation for OPT into your SEVIS record, and May apply up to 90 days before you complete your degree, but no later than 60 days after you complete your degree.

You may begin your OPT only after USCIS approves your Form I-765 and you receive your Employment Authorization Document (EAD).

Cap-gap Extension for F-1 Students with Approved H-1B Petitions

If you are an F-1 student with a timely filed H-1B petition and change of status request, and your F-1 status and employment authorization will expire before the change of status to H-1B occurs (typically October 1), you may be eligible for a cap-gap extension. Go to our Cap-Gap Extension page for more information.

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