FILING AN H-1B

VISA PETITION
WITH

FOR THE EMPLOYEE

ENVOY - FILING AN H-1B VISA PETITION
 WELCOME TO ENVOY
We’re glad to be your immigration partner. It’s our mission to make sure that
you have the most efficient application process possible. This guide will walk
you through the Envoy web application, immigration process and help you to
successfully file an H-1B visa petition.

Table of Contents

01 VISA OVERVIEW 3
02 THE APPLICATION PROCESS 5
03 RENEWAL OPTIONS 11

ENVOY - FILING AN H-1B VISA PETITION 2

 VISA OVERVIEW:
01 H-1B PERSON IN SPECIALTY OCCUPATION

The H visa program allows international employees to enter the United States and work
for a fixed period of time. U.S. Citizenship and Immigration Services (USCIS) created
multiple subcategories for the most common employment situations.

The H-1B visa is designated for individuals working in a specialty occupation. These
professions usually fall into the following industries: healthcare, biotechnology, human
resources, education, engineering, information technology, computer sciences and
management. Additionally, the visa petitioner must have a bachelor’s degree (or foreign
equivalent) and be paid at least the prevailing wage for the job.

DID YOU KNOW?

The H-1B visa is dual intent, meaning its holders may apply for legal
permanent residency, commonly known as a green card, under this status.

Validity Period

RENEWALS TIP
INITIAL STAY TOTAL STAY
Extensions of up to H-1B holders who’ve completed

3 years 3 years 6 years select portions of the green card

application process can extend their
granted status beyond the six-year max-out
date. Learn more in the Green Card
Overview for Employees (http://www.
envoyglobal.com/resources/PDF/
Envoy-HR-Guide-GreenCards.pdf).

ENVOY - FILING AN H-1B VISA PETITION 3

 H-1B VISA
01
The H-1B Cap
The H-1B work visa cap has filled quickly in recent years, requiring thousands of unselected petitioners to refile the following
season or find a viable alternative. As more U.S. companies rely on foreign national talent to fill highly technical roles, and the
H-1B work visa for specialty workers grows more popular, the intensity of competition during the cap season has reached an
all-time high. Read on for a snapshot of cap seasons past, and gain insight into today’s most competitive U.S. work visa.

H-1B CAP NUMBER OF PETITIONS

BREAKDOWN RECEIV ED IN LAST THREE YEARS
CAP OPENS APRIL 1

172,000 236,000
FY2015
FY2017

233,000
85,000 FY2016

TOTAL PETITIONS
accepted NUMBER OF DAYS
BEFORE CAP REACHED

20,000 2017
2016
2015 7 DAYS
SPECIALTY WORKERS WITH 2014
advanced degrees

58,200 2013 72 DAYS*

all SPECIALTY WORKERS
2012 236 DAYS*
6,800
301 DAYS
SPECIALTY WORKERS FROM
2011
Chile AND Singapore

2010 266 DAYS

ENVOY - FILING AN H-1B VISA PETITION 4

 APPLICATION
02 PROCESS
Here is an overview of the application process.

DATA GATHERING

1 Case opened EMPLOYER

< 1 week - multiple

Depends on HR and employee

weeks
SPONSORED
2 Questionnaire completed and documents submitted EMPLOYEE & EMPLOYER

3 Envoy-affiliated attorneys review information and prepare case ENVOY

CASE FINALIZED

Depends
days
on HR
4 Customer review of case 1-3 EMPLOYER

business days
ETA 9035 Labor Condition Application (LCA)
5 submitted to Department of Labor
ENVOY
7-10

6 ETA 9035 (LCA) certified GOVERNMENT

days

7
1-2

Final attorney review and case sent to government ENVOY

FILING ACTIVITIES
weeks

8 Receipt notice issued by government;

1-3

GOVERNMENT
receipt number posted
months

processing
15 days w/
premium
4-6

9 Government reviews and adjudicates GOVERNMENT

w/ premium
processing
weeks
7-10 days
2-3

10 Approval notice issued GOVERNMENT

ENVOY - FILING AN H-1B VISA PETITION 5

 APPLICATION PROCESS
02
STEP 1 Access Your Account
Your employer has created an online account with Envoy, which allows both of you
to complete your designated portions of the H-1B application process including the
submission of information to Envoy-affiliated attorneys and uploading documentation
to support your case for a work visa.

ENVOY - FILING AN H-1B VISA PETITION 6

 APPLICATION PROCESS
STEP 2 Complete the Questionnaire
Dependent Visas
Your spouse and unmarried children 21 years old and
younger may accompany you and be awarded an H-4
nonimmigrant dependent classification. Dependents
are allowed to study while they have H-4 status. Select
spouses are entitled to work authorization once the
H-1B holder has reached a certain point in the green
card application process. For help opening dependent
petition cases, contact the customer support team.
ENVOY - FILING AN H-1B VISA PETITION
02
The Questionnaire needs to be
filled out by both you and your
foreign national candidate.
Not all questions will be applicable to your case.
Simply input “N/A” into the field if a question
doesn’t pertain to your situation. Note: The
application process cannot progress until the
Questionnaire has been completed.
7
 APPLICATION PROCESS
02
STEP 3 Upload Supporting Documents
Throughout the questionnaire, you’ll be prompted to upload a series of documents.

Supporting Documentation
Employee Documents: • All prior I-20 Certificates of Eligibility for
Nonimmigrant Students, if applicable
• Passport
• All prior dates spent inside the United States in
• Form I-94 Arrival/Departure Record
H-1B and L-1 Intracompany Transferee status
• Diploma
• Visa stamp
• Official transcripts or mark sheets
• Education evaluation
• Resume or curriculum vitae
• Recommended if you have a non-U.S. degree.
• All previous form I-797 Approval Notices Contact the customer support team for more
• Pay stubs for the last two pay periods information.
• Previous employment authorization document
cards, if applicable

Note: This is not a complete list of documents, and all might not apply to your
particular case. Attorneys will upload a list specific to your case once they finish
reviewing your Questionnaire.

Any foreign-language documents, such as transcripts and diplomas, must be

translated into English.

To complete this step, submit the case for another attorney review.

ENVOY - FILING AN H-1B VISA PETITION 8

 APPLICATION PROCESS
02
STEP 4 Attorneys file Labor Condition Application (LCA)
The LCA is a promise made by your employer to the Department
of Labor (DOL) that you will be paid the prevailing wage. To begin
the certification process, the attorneys will obtain a prevailing wage
LCA determination from the DOL, which is an industry-standard wage
APPLICATION
assessment for your position in your region. Once that’s completed,
the attorneys will prepare the LCA packet. Once the LCA is certified,
the rest of the application can be completed.

STEP 5 Petition Filed with USCIS

Once the application has been prepared, the Envoy-affiliated attorneys will send
the completed I-I29 Petition for a Nonimmigrant Worker along with all supporting
documentation to USCIS for arrival the first week of April.

Updates that are received from the government agency will be posted in your
Communication Center.

USCIS takes three to five months to process any H-1B case. Some important dates and
timelines are included below.

Important Dates
BY MARCH 20 When attorneys file LCA

• Processing time is seven to 10 days.

• The certified LCA must be received by March 31 for the attorneys to file
the H-1B application.

1ST WEEK The first week USCIS accepts H-1B visa applications. In the event that April 1 falls on a
OF APRIL weekend or government holiday, the lottery will open the following business day.

APRIL 7 The likely date USCIS will stop accepting cap submissions.

MAY-JUNE Receipt numbers for petitions accepted into the lottery will be provided by the USCIS.
If your petition was not accepted in the lottery, the government will return your
application to Envoy via mail.

MAY-JUNE USCIS adjudicates the applications accepted into the lottery.

OCTOBER 1 First day a new H-1B holder can begin work. You will have to wait until the change
of status is approved to begin working, unless you are holding another status that
provides work authorization.
ENVOY - FILING AN H-1B VISA PETITION 9
 APPLICATION PROCESS
02
Transfer Cases
Transfer cases don’t have to follow this timeline since they are not subject to the cap. Instead, your new
employer can sponsor the transfer petition at any time of the year.

Post Approval
When can you begin working? There are two options:

1. You may begin working with your new employer as soon as USCIS has received your petition packet.
Once we have confirmation from our shipping service that your packet arrived at its destination, we’ll let
you know that you can begin working.
2. Some companies prefer to wait until they have received an official receipt notice from USCIS to allow
you to begin working. If this is the case in your situation, the receipt number will arrive in two to three
weeks if the petition was filed without premium processing and within 72 hours if it was filed with
premium processing.

Note: Cases can be filed with premium processing, which speeds up the USCIS adjudication process.
However, it does not give the petition priority status over other Envoy cases.

PREMIUM PROCESSING
You can elect to have an H-1B cap case premium processed. This allows you
to hear back from USCIS earlier if the case was accepted into the lottery
and will provide expedited adjudication after acceptance, but does not
increase the chance of being accepted.

ENVOY - SPONSORING AN H-1B VISA PETITION 10

 RENEWAL
03 OPTIONS
Your H-1B status is valid for up to three years. After that period, your petition
can be renewed for up to an additional three years. Since there is a six-year
max-out date with H-1B visas, we recommend you consider whether you’d like to
be sponsored for legal permanent residency (a green card) within the first two
years of employment.

Learn more about the green card application process in the Green Card
Overview for Employees.

(312) 964-6300 | WWW.ENVOYGLOBAL.COM

Content in this publication is not intended as legal advice, nor should it be relied upon as such. For additional
information on the issues discussed, consult a Envoy-affiliated attorney or another qualified professional.

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