H-1B Compliance on Public Access File requirement

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:

  • Form G-28, Notice of Appearance on behalf of the employer.
  • Forms I-129, I-129 H-Supplement and I-129DC.
  • Certified LCA Letter from employer in support of the H-1B petition.
  • Employment offer letter and employment contract.
  • 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.
  • 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.