H-1B Temporary Professionals

Many callers who inquire to  immigration attorneys about H-1B Temporary Professionals visas have done a great deal of research on the subject, so their questions tend to be very specific: “I want to change employers, how do I do that without falling out of status?”, “I am nearing my 6th year in H-1B, what do I have to do to keep from having to go back to my home country?”, “I want to work for this new company but they will not pay me the prevailing wage – what do I do?”

CHANGE OF STATUS OR EMBASSY PROCESSING TO H-1B ARE SOME OF THE MOST SCRUTINIZED PRODUCT LINES FOR IMMIGRATION.

The employer pays very hefty fees to the USCIS and this large fund is used to investigate the employers and audit the applications. You need to hire the best immigration attorney you can find to support you during this extremely complex application process, and the attorney must be paid by the employer!!

SAMPLE CONTRACT FOR H-1B

SCOPE OF LEGAL SERVICES: Request for Prevailing Wage and Preparation of Change of Status to H-1B for Employer and Employee:

  1. Review law and procedures for preparing and filing labor condition application, prevailing wage request and H-1B application with the U.S. Department of Labor and USCIS, including ONET; Dictionary of Occupational Titles and Occupational Outlook Handbook;
  2. Review questionnaires and obtain information on Sponsoring Company;
  3. Prepare and sign conflict of interest waiver;
  4. Review educational transcripts and credentials for Employee;
  5. Assist with drafting a job description for position;
  6. Prepare prevailing wage request with Department of Labor;
  7. Submit the agreed upon prevailing wage request with the Department of Labor (research processing times – can take several months);
  8. Review response to prevailing wage request; and
  9. Discuss response and next steps with you.

IF YOU APPROVE OF THE PREVAILING WAGE REQUIRED TO OBTAIN THE H-1B VISA, THEN WE WILL PERFORM THE FOLLOWING SERVICES:

  1. Prepare labor condition application with Department of Labor;
  2. Prepare postings for hiring H-1B worker;
  3. Review decision from Department of Labor;
  4. Prepare company letter offering employment and describing job duties and qualifications of professional worker for you to transfer to your letterhead and sign;
  5. Prepare I-129 application for H-1B worker and submit fees of $_____;
  6. Prepare public access file; and
  7. Review results of I-129 application and discuss the next steps with you.

If you have a similar situation we can help

We work with families and businesses who have cases ongoing with other firms and we simply take over the case and get it back on track. Or we can review your documents and advise you on how best to proceed. All of our work comes with the Integrity Refund and Performance Guarantee.