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Today's Date: December 10, 2013
 

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H-1B Compliance on Public Access File requirement

Jan 17 2014

As
part of our office’s continued effort to provide our clients with first-rate
immigration services, we are advising all of our employers to begin the H-1B
sponsorship process
as soon as possible

Although
H-1B petitions for the 2015 fiscal year cannot be filed until April 1, 2014, it
is very important to have all of the supporting documents in place well in
advance
in order to avoid last-minute delays, hindrances, or
difficulties.  Additionally, the critically important Labor Condition
Application (LCA) that must be included with all H-1B petitions must first be
submitted to the Department of Labor for certification.  It can take the
DOL seven days to certify an LCA, so LCAs must be provided to the DOL as far in
advance as possible to ensure that they are ready to be included with the H-1B
submission.

As
a reminder, the following materials are generally required for all H-1B
petitions:

  1. Form G-28, Notice of Appearance on behalf of the employer.
  2. Forms I-129, I-129 H-Supplement and I-129DC.
  3. Certified LCA Letter from employer in support of the H-1B
    petition.
  4. Employment offer letter and employment contract.
  5. Cases where work location involves end-client’s location
    other than employer’s then the employer should submit Master Service
    Agreement between the employer and the mid-vendor and/or end-client if the
    H-1B is for a roving IT employee position. 
  6. End client letter that outlines the employee’s proposed
    duties and confirms that the H-1B employee and the H-1B employer will
    maintain an exclusive
    employee-employer relationship throughout the entire
    duration of the H-1B employment Credential evaluation report equating the
    Beneficiary’s educational degree to that of a U.S. Bachelor’s degree (if
    the employee has a foreign degree) Copies of the Beneficiary’s degrees,
    transcripts, and work experience letters Copy of biographical pages of the
    Beneficiary’s passport

Moreover,
there is a base filing fee of $325 and Fraud Prevention and Detection Fee of $
500 that must be paid by the employer to USCIS.  There are additional
filing fees that may be required depending on the size of the employer’s
company, the type of H-1B petition etc.  Contact our office today for a
detailed explanation of the fees required for your specific company.

 

 
   
   
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