PROCEDURES IN PROCESSING H-1B PETITION
I. Free Evaluation
1. Initial Evaluation
a. Complete the H-1B Petition Initial Evaluation Questionnaire;
b. E-mail the completed Questionnaire and resume to email@example.com for a free evaluation; and
c. Attorney reviews resume and e-mails back an evaluation of the case.
2. Follow-Up Communications
a. Send follow-up questions to Attorney via e-mail or phone;
b. Notify Attorney if you will also be filing H-4 petitions for your dependents; and
c. Attorney answers follow-up questions and makes necessary clarifications.
II. Establishing Attorney-Client Relationship
1. Obtain the Attorney-Client Agreement (“Agreement”)
a. If you are interested in retaining Attorney to handle your case, notify Attorney to obtain an Agreement;
b. Attorney e-mails you an Agreement and a Client Record Form; and
c. Review the Agreement and ask any questions arising from the Agreement.
2. Important Things You Need to Know Before Signing the Agreement
a. Whether your Employer will sponsor and pay for the mandatory U.S. Worker Training Fee and, depending on your offered wage, the fraud investigation fee, filing fee, and attorney’s fee for your H-1B Petition;
b. The specific services covered by the agreement;
c. Whether the legal services listed include answering Request for Evidence (RFE);
d. Whether extra fees will be charged for a service you need but is not listed in the Agreement;
e. Whether you fully understand what Attorney has explained to you regarding the chance and the risk your case bears; and
f. If necessary, revisit the previous communications you had with Attorney and make sure each of your concerns is clarified.
3. Sign the Agreement and Pay the Initial Legal Fee and Filing Fee
a. Sign the Agreement by an authorized representative of the Employer; and
b. Mail the signed agreement, Client Record Form, and a check payment of initial fees.
4. Attorney-Client Relationship
a. Attorney receives the Agreement and payment of the initial legal fee;
b. Attorney signs the Agreement and the attorney-client relationship is established;
c. Both the Employer and the Beneficiary are clients;
d. Attorney mails a photocopy of the signed Agreement to the Beneficiary; and
e. Under Attorney-Client relationship, Attorney is bound by professional rules and other pertinent laws, and owes a fiduciary duty to client.
III. Processing the Case
1. Draft Job Description
a. Attorney e-mails Questionnaire and instructions to Employer and Beneficiary;
b. Employer and Beneficiary complete and e-mail the Questionnaire to Attorney;
c. Attorney drafts the job description and designs the qualifications according to the information provided; and
d. Attorney will work with Employer and Beneficiary to revise the job description and qualification requirements.
2. Obtain Prevailing Wage
a. Once the job description is finalized, Attorney obtains a prevailing wage from the Department of Labor (“DOL”) for the proper position and skill level.
3. Comply with Posting Requirement
a. Attorney prepares and e-mails a draft Notice of Filing and Certification of Posting to Employer;
b. Employer reviews Notice of Filing and makes modifications if necessary;
c. Employer posts Notice of Filing at the place of employment for 10 consecutive business days; and
d. Employer completes the posting requirement and signs the Certification of Posting.
4. Labor Condition Application
a. Employer notifies Attorney that the Notice of Filing is posted;
b. Attorney prepares and submits the Labor Condition Application (“LCA”);
c. DOL may take 7 business days to certify LCAs (without FEIN verification issues). Employers may choose to pre-verify FEIN with DOL to avoid unnecessary delays and erroneous LCA denials.
5. Supporting Documents
a. Attorney prepares the necessary USCIS forms;
b. Attorney prepares a draft model petition letter for the Employer;
c. Attorney e-mails the above documents to Employer for review;
d. Employer makes modifications as necessary after consulting with Attorney; and
e. Employer reviews and signs the USCIS forms, the LCA, the petition letter, and the Certification of Posting.
6. Return of Documents
a. Employer mails the signed supporting documents, including: USCIS forms, the LCA, the support letter, Notice of Filing, and any company brochures and information to Attorney; and
b. Beneficiary mails copy of diploma, transcript, license, and other applicable supporting documents requested pertaining to his/her qualifications to Attorney.
7. Filing the H-1B Petition
a. Attorney makes final review of the accuracy and completeness of the documents to be submitted to the USCIS;
b. Attorney signs relevant documents and finalizes the H-1B petition package;
c. H-1B petition is shipped to USCIS via FedEx;
d. Attorney e-mails Beneficiary the FedEx tracking number for the shipment; and
e. This step will take approximately 1 week.
IV. After the H-1B Petition is Filed
1. Receipt Notice
a. Attorney receives USCIS receipt (usually within 2 weeks after case is filed);
b. Attorney e-mails Beneficiary a scanned copy of the USCIS receipt notice; and
c. Beneficiary may check the online case status with the USCIS receipt number.
2. Approval of the Case
a. Attorney receives approval notice from the USCIS;
b. Attorney notifies Beneficiary of the approval;
c. Employer or Beneficiary mails the payment due for legal fees upon approval;
d. Attorney mails Beneficiary the approval notice and a copy of the H-1B petition package; and
e. Attorney closes the file.
V. Request for Evidence (RFE)
1. USCIS issues RFE;
2. Attorney notifies Employer and Beneficiary regarding the contents of the RFE and e-mail client a scanned copy of the RFE;
3. Attorney advises Employer and Beneficiary of the additional documents to be prepared;
4. Employer and/or Beneficiary mails additional documents requested to Attorney;
5. Attorney drafts the response letter to RFE;
6. Attorney mails the response letter and additional documents to USCIS; and
7. See Section IV. (2) above after case is approved.
VI. Erroneous Denial
1. Upon receipt of the USCIS denial notice, Attorney notifies Employer and Beneficiary of the denial and USCIS reason for the denial;
2. Attorney advises Beneficiary and Employer of appeal or other available relief and options;
3. Employer determines whether to appeal or to pursue other options; and
4. Attorney takes further action to appeal or to pursue other options.