What Is A Premium Processing For H-1B And How Long Is It Valid?

The Premium Processing Service offered by U.S. immigration authorities offers American employers faster processing of their petitions for H1-B visas and certain other forms of immigration status. The U.S. employer pays a premium with a guarantee from the U.S. immigration authorities that if the petition is not processed within 15 calendar days, the premium will be refunded. The initial petition for an H-1B visa is approved for a maximum of three years, a period that begins when the foreign national arrives in the U.S. The visa may be extended for an additional three years, for a total maximum of six years. The person must leave the U.S. for one year following that six-year period but then may re-enter the U.S. on a new H-1B visa.

What Is The Role Of An Immigration Service Agency In Applying For An H-1B Visa?

The Law Offices of Jimmy Johnson PLLC takes the following steps to obtain H-1B visas for clients (employers):

· Analyze the job being offered, the applicant’s education, and work experience to determine if the specialist/professional criteria are met;

· Gather documents and data to support the employer’s (petitioner’s) petition;

· Evaluate and document the prevailing wage for the job being offered by the petitioner;

· Document the employer’s actual wage;

· Prepare the LCA for the employer;

· File the LCA with the Department of Labor;

· Obtain an evaluation of the employee’s college education, if it was obtained outside the U.S., to show that it is equivalent to a U.S. degree;

· Prepare an H-1B petition and company-supporting letter, and send them to the employer for review and signature; and

· File the LCA and H-1B petition with U.S. immigration authorities once the Department of Labor approves the LCA.

In sum, H-1B visa approvals are usually issued within two to three months from the date of filing with the relevant United States government agency. However, the process differs somewhat for an employee who is overseas or has a valid H-1B visa from a previous employer and seek to change/extend his/her status.

See the Law: The Immigration and Nationality Act (INA) is the legal basis for getting approval to hire temporary or permanent alien worker(s) within or abroad. Specifically, employment-based immigrants are addressed in the INA § 201, INA § 202, INA § 203 and INA § 204. Besides, the Federal Register publishes Rules on specific criteria that clarify the eligibility requirements for individuals petitioning for employment-based immigration and these rules are subsequently codified in the Code of Federal Regulations [CFR] at 8 CFR § 204.5.