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H-1B’s are Almost Here. Don’t Wait!

H-1B’s are almost ready to be filed. Don’t wait.

Question: I heard that H-1B’s are about to be able to be filed. What can I do?

Answer: First, April 1, 2013, the doors open again and new H-1B’s can be filed. It does take time to prepare a quality H-1B, so time is of the essence and you should either get started right away and start getting a sponsor right away.

Question: What exactly do I need for the H-1B?

Answer: The job must meet one of the following criteria to qualify as a specialty occupation:
Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position;
The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree;
The employer normally requires a degree or its equivalent for the position; and 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.

Question: What do I need to accept a job offer for an H-1B:

Answer: For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria: Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university; Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation; Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment; have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Question: Is a Labor Condition Application required?

Answer: Yes. The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker.  

Question: Must I establish an employer-employee relationship?

Answer: The H-1B regulations currently require that a United States employer establish that it has an employer-employee relationship with respect to the beneficiary, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee. In addition to demonstrating that a valid employer-employee relationship will exist between the petitioner and the beneficiary, the petitioner must continue to comply with all of the requirements for an H-1B petition including: establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation; demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and  filing of a Labor Condition Application (LCA) specific to each location where the beneficiary will perform services.

3 Responses

  1. Hello:

    I would do the H-1B first so you do not go out of status.

      H-1B Specialty Occupation Visa
    You qualify for what is known as the H-1B Specialty Occupation Visa. You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to your degree. Our firm can do the entire petition. Once we begin processing and get it filed, it normally takes about six to nine months to get the approval.  Please note that H-1B’s are very limited and are only available for small periods of time during the year. Therefore, Premium Processing discussed next should be used. 
    If you want a work permit in an expedited manner, you can take advantage of the Premium Processing program at USCIS. This will allow you to have the expedited answer in less than one month. You will need to add $1,500.00 to the cost below for Premium Processing. There are only a limited number of H-1B’s and it must be filed by April 1. However, it is still possible it will not get selected for this years allotment.
    Attorney Fees (Filing Fees and Costs not included)
    The total Attorney Fees will be $2,500.00.
    Down Payment
Normally we take 50% down and then the balance can be paid monthly until paid in full. We accept all forms of payment included debit and credit cards, Western Union and Money Gram.

    If you pay by Western Union, simply put the name Brian D. Lerner and the address 3233 E. Broadway, Long Beach, California 90803. Then you would notify me of the 10 digit control number, date of deposit and how much you deposited.

    You can call my office at 562-495-0554 and make the down payment through check or credit card which we will put through our secure servers and you will get electronic verification.

    You can also go on the secure website at the following website address:


    Please let me know if you are interested in proceeding and we can start on your case immediately.

Should you have further questions, you can e-mail me back or call my office at 562-495-0554.


  2. Hello,

    I am on STEM OPT (F1) till end of May 2014. I have done my Masters in Computer Science from USA (Advanced Degree) and currently living and working in USA on STEM OPT EAD Card which is valid till 23 May 2014. On my Passport I have F1-Visa Stamp till July 2014.

    My Employer right now wants to start Green card application under EB2 Category. So I am wondering do I need to do H1B visa first starting 1st April 2013 and then once it is approved and then let my employer start Green card application or can they start Green card application before H1B since I already have work permit and visa till 23 May 2014.

    So should employer do H1B first is it required or employer can right away do Green card application under EB2 Category. My employer is talking with lots of Immigration lawyers which they use normally for all such work, but I want to get some knowledge on my end as well since I do not want to take a risk. I am ok with not leaving USA untill my Green card comes. Kindly suggest, if someone has some insights on this matter. I would appreciate that. If some lawyer wants to give info on this then I am fine to pay them as well.

    Thanks !!!!!


  3. can you help me miggrate?


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