H Work Visas HelpDesk

Q1: When will your firm accept H-1B CAP cases for this year?
A1: We are NOW accepting and preparing H-1B petitions for this year’s quota.

Q2: Does your firm accept other H-1B cases?
A2: Yes, we are also currently filing the following H-1B cases: (1) transferring H-1B from one employer to another, (2) renewing or extending current H-1B, and (3) filing new H-1B petitions by quota exempt organizations (Hospitals, higher education institutions or non-profit research institutions, etc.).

Q3: When will your firm file the applications?
A3: If the case is for a new CAP H-1B, we will file your H-1B applications on the last day of March since the earliest filing date will be April 1st, 2008. For other H-1B cases, we will file the packages whenever we have received the signed paperwork from you.

Q4: How much are the application fees for filing an H-1B?
A4: It depends on several factors. For a new CAP H-1B, the applications fees are as follows:

1. $320 for the USCIS I-129 petition form.
2. $1,500 for the USCIS "Education and Training Fee" (if the employer has 25 or more full time employees). Or $750 for employers with fewer than 25 full time employees (including U.S. affiliates and subsidiaries).

However the following employers do not need to pay this USCIS Education and Training Fee:

(1) Institutions of higher education and related or affiliated non-profit organizations;
(2) Non-profit and governmental research organizations;
(3) Any employer who is filing for a second or subsequent extension of stay for an H-1B nonimmigrant;
(4) Primary or secondary education institutions; and
(5) Nonprofit entities which are engaged in "established curriculum-related clinical training of students".

3. $500 for the USCIS Anti-Fraud Fee (official name: Fraud Prevention and Detection Fee). This USCIS Anti Fraud Fee is required for all new H-1B visa petitions, and for all H-1B transfers to new employers. However this $500 USCIS Anti Fraud Fee is not required for H-1B renewals / extensions with the same employer.

4. $1,000 for USCIS Premium Processing Service. If this fee is paid, USCIS will adjudicate the H-1B petition within 15 days of the filing.

Q5: What filing fees must be paid by the employer?
A5: Most employers chose to pay all filing fees listed above except for the premium processing fee. The $320 and the $500 Anti-Fraud fee should be paid by the employers.

Q6: Do we have to use the premium processing service (PPS)? Why?
A6: It is optional. But premium processing service is strongly recommended in the following scenarios:

you are filing a brand new H-1B application which is subject to the annual quota/CAP. Using of the PPS will increase the chance of getting the H-1B quota.
Your employer’s H-1B is expiring very soon and he needs to travel overseas.
Any other scenarios in which you need to have the official approval notice and you do not want to wait for the lengthy adjudication.

Q7: What types of H-1B applications are not subject to the annual H-1B CAP/Quota?
A7: The following 5 scenarios are not subject to the annual H-1B CAP/quota.

Employer is an institution of higher education (College or University).
Employer is a nonprofit organization or entity related to or affiliated with an institution of higher education (Examples: Hospitals, Public School Systems.). < research governmental a or organization nonprofit is>
You are a J-1 nonimmigrant Physician who received a waiver of the 2-year foreign residency requirement.
You have been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the U.S. for more than a year after attaining such status (H-1B Renewals and Transfers).

Q8: How much is your legal fee for preparing and filing an H-1B case?
A8: Our legal fee is low and reasonable in the industry. Please contact me at jeff@xielaw.com

Q9: Does your firm provide free consultation?
A9: Yes! Actually we do not charge legal fees on consultation to the employers. We have provided free instructions to the owners or HR personnel of both small to mid sized businesses as to how to do the hiring, retaining or firing of the H-1B workers. We have done free consultations to the employers by the telephone or onsite. We collect legal fees only when we are actually handling the H-1B cases, and we have a simple flat fee schedule—you will not receive any fee invoices from this office for consultations by phone, email, fax or mail.

Q10: How can we get the case started with your firm?
A10: Very simple process. Below are the steps:

Send an email to help@xielaw.com requesting a Retainer Agreement or asking evaluation or questions.
We will email the agreement and instruction list to you.
You will e-mail, fax or mail the requested documents including the signed Retainer Agreement and the check to me.
We will e-mail or mail the paperwork to you (or other designated employer’s representative) for review and signature.
We will file the petition package to USCIS as soon as when we have received the signed paperwork from the employer.
We will follow up with the USCIS until your petition is approved.

For more general information about H-1B work visa, please visit H-1B Work Visas Helpdesk

For more information about the steps, document list and filing fees, please visit H-1B Documents and Steps.

For free case evaluation or free consulation, please send email to help@xielaw.com jeff@xielaw.com

The information provided on this web site is of a general nature and offered for informational purposes only. The information may not apply to any particular facts or circumstances. Therefore it does not constitute legal advice from this law office.

While we try to make the information on this website accurate and current but we do not guarantee it. Law changes frequently, so does immigration law or regulations. Some information on this website may be out of date. In any event, this website describes general legal principles, not specific advice for particular situations.

However, we will provide updated information which may be applicable to your needs if you contact us and provide accurate information about your situation.