What Is H1b Lca Why File It Salary, Processing Times: Fill & Download for Free

The shell game that is H1-B recruiting is played out in industry magazines and on web job boards, and should also appear on the list at this page : CareerOneStop for private corporation job boards. This Department of Labor site will list all jobs registered, by State, in the last 30 days. https://icert.doleta.gov/The first step before an H1-B application can be filed is the Labor Condition Application.What is H1B LCA ? Why file it ? Salary, Processing times - DOLThe employer is not required to recruit or interview from the existing US Workers, those legally able to work in the USA workforce, unless it is H1-B dependent, previously violated H1-B conditions, or in receipt of Government funds. Details of this part of the process are here : https://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62O.pdfThe Department of Labor used to run a site at www.doleta.gov, but that section is closed, but the new electronic filing site for LCA’s is at https://icert.doleta.gov/ . The site now for the Online LCA filing is currently here : Foreign Labor Certification Formsand the US Government CareerOneStop is an equivalent for all filed LCA positions.Then and only then is the next step an application for an HI-B. At the LCA stage the jobs are open to all applicants, and the prospective employer has to show that due diligence could not find a suitably qualified candidate in the local labor force with immigration conditions(Green Card mainly) or US Citizenship that allow them to work without immigration authorization.The employer attests that as of the date of filing, notice of the Labor Condition Application (LCA) has been or will be provided to workers employed in the named occupation. Notice of the application shall be provided to workers through the bargaining representative, or where there is no such bargaining representative, notice of the filing shall be provided either through physical posting in conspicuous locations where H­1B, H­1B1 or E­3 nonimmigrants will be employed, or through electronic notification to employees in the occupational classification for which nonimmigrants are sought. The employer further attests that each nonimmigrant employed pursuant to the application will be provided with a copy (or original, as appropriate) of the certified Form ETA 9035E or ETA 9035 (if applicable). As stated above for H­1B, H­1B1 or E­3 nonimmigrants, the employer must provide the certified LCA to the nonimmigrant, who must follow the H­1B, H­1B1 or E­3 procedures of USCIS and the Department of State. The notification shall be provided no later than the date the nonimmigrant reports to work at the place of employment. See 20 CFR 655.734. This is where there are job postings online with additional text that might indicate an H1-B filing is being made, so the chances of someone else getting the job are pretty low.Thank you for the A2A, Diane.

Typically, USCIS will start to accept petitions for the next fiscal year starting from April 1stof the previous fiscal year. USCIS fiscal year is from October 1stto September 30th. So, for H1B quota of fiscal year 2017, which starts from October 1st, 2017, USCIS would typically accept applications from April 1st, 2016. The H1B Visa 2016season started on April 1stof 2015. Also, in the H1B Rejected Notices of 2016, USCIS mentioned that, the non-selected candidates can file H1B petitions for FY 2017 on or after April 1st, 2016.USCIS announced on March 16th, 2016 that they will accept FY 2017 petitions from April 1st, 2016. Read Summary of USCIS press release FY 2017 .Also, we have written an article summarizing on What to expect in H1B FY 2017 SeasonWhat is H1B 2017 Cap ? What are the H1B 2017 Quota numbers ? Regular vs Masters ?If you new to H1B, I suggest you read All about H1B Visa Cap- Regular vs Masters. In simple terms H1B cap is a congressional mandated maximum number of petitions that USCIS can accept in a year. As of now, below are the H1B cap number for fiscal year 2017. The below numbers are confirmed in press release by USCIS on Mar 16, 2016.Regular H1B Quota : 65,000H1B Master’s Degree Quota ( only US Master Degrees) : 20,000Out of the above, a total of 6,800 is usually set aside for Singapore and Chile citizens as part of the free trade agreement between them.There have been many discussions around change in H1B cap numbers by Obama administration since 2013. The planned proposal was to increase the regular quota cap to 110,000 and Masters quota to 25,000. No changes for FY 2017, the above numbers of 65,000 and 20,000 are officially confirmed by USCIS in their press release.What is H1B Visa 2017 Prediction? Will there be Lottery again for FY 2017Update : USCIS Updated on April 12th, 2016 that they have received over 236,000 petitions for FY 2017 quota and the lottery was completed on April 9th.Looking at the past trend of H1B season in the past three years, we could very likely have lottery for FY 2017. Last year for FY 2016 quota, there were 233,000 applications. We have done a detail analysis with the H4 Visa EAD rule in place considering the economy, students graduating, OPT news, etc. You should read article H1B Visa 2017 Lottery Prediction News, results, Date .If H1B lottery, will there be any preference in lottery for Large companies ? Premium ProcessingWell, no preference for anyone, all are treated equally, including premium processing. There are many such misconceptions about lottery process, we have compiled a list of such myths and criteria, you should read Myths of H1B Lottery, CriteriaWhen to plan for H1B visa 2017 Application ? How soon ? What should be the strategy ?It is never too late to start planning for your H1B 2017 season. If you plan to work in US on H1B visa in the next coming fiscal year, below are some suggestions based on your situation.F1 Student in USA : If you are studying on F1 visa and about to graduate in next one year, you should seriously look at finding an internship or co-op at companies that can sponsor your H1B visa. You can search for H1B Sponsors in a particular area using our H1B Sponsors Search Tool and try to get an internship to work there on CPT or OPT after you graduate. This is a strategic move and will require sometime, so plan well.Professional from outside USA : If you are a working professional outside US, planning to work in US on H1B, your best bet is to find Multinational companies that have major US presence and secure a job there, so that you can position internally for applying to H1B visa, when the season starts. This is a very strategic decision, you need to carefully assess your options, speak to the company if such options exist and then only choose it.Other H4, L1 Visas : If you are on these visas, your best bet is to find companies just like I mentioned for F1 students that sponsor H1B visas and start interviewing and keeping the conversation going so that you can ask them to file H1B when the season starts.We have put together a Step by Step Plan on How to apply for H1B 2017 QuotaHow do I find a H1B Visa Sponsor – The most asked million dollar question ?If you are student in the US, it is very straight forward, you find the list ofH1B Sponsoring companies using the tool in an area as I mentioned above and get an internship in one of them so that they can sponsor your H1B visa. Unlike, if you are coming from outside US, it can be tricky. If you work for an Multinational company ( MNC), then they will have some internal process to pick the candidates and then process H1B visa for them…The other option that has been used and abused is the consulting companies route…Many a times, the H1B aspirants approach a body shop IT consulting company to file H1B for them and they apply for the same. It gets nasty with the body shop consulting companies. The comments on this H1B Companies Reviews article are quite eye opening. I advise, you beware of the consulting companies and avoid fraud. Also, WE as RedBus2US do NOT provide any guidance or assistance or sponsor anything. If someone claims that, it is pure fraud and they are trying to trick you, we are not responsible for that. Please be careful. Anyways, for various other options , You may read article How to find H1B 2017 SponsorsWhat is the H1B visa 2017 filing fee ? Is it same or any changes ?It changed slightly this year with the Omnibus Bill passed in December 2015, that will increase the H1B filing fee by $4000 for FY 2017, until 2025 for certain companies that have over 50 employees and have more than 50% of their employees as H1B or L1 visa holders in USA. Check USCIS Guidelines on H1B Fee increase. Depending on the size of the company, the H1B filing fee can vary anywhere from $1,600 USD to $7,400 USD + Attorney Fee. There are various fees components that make up this number range, for more details Read Summary of H1B Filing Fee 2017 – Who pays for What ? . Below is a high level summary. Also, one key change is that, there was $2000 USD additional filing fee as per Public Law 111-230, this law expired on Sep 30, 2015 and that is not included anymore.H1B Fee ComponentFee in USDBase filing fee$325AICWA Fee$750 or $1,500Fraud prevent & detection fee$500Fee based on Public Law 114-113 ( if applicable)$4000Premium processing fee (Optional)$1,225Immigration Attorney FeeVaries from $500 to $3000What about Comprehensive Immigration Reform(CIR) and Obama Executive Actions for H1B 2017 Quota Increase ?There has been many articles and discussions since 2013 around immigration reform by President Obama and changes around and some like below have been discussed in the last couple of years, nothing moved significantly.H1B Cap to be increased from 65,000 to 110,000 per year. Also have provisions to have it up to 180,000 in case of extreme demand.Advanced degree from US cap quota to increase from 20,000 to 25,000The Filing fee for H1B could go up to 10,000 USD ( Part of this came up as the fee increase in Omnibus Bill )Additional H1B rules to avoid H1B Visa fraud by employersMandatory LCA posting for 30 days before it is certified.The current status on all of the above are basically “No updates”, there are no set deadlines for any of them and none of these are happening for FY 2017. You may read Summary of CIR Changes to H1B . Officially as per press release on March 16, 2016, the H1B cap is confirmed to be 65,000 for regular and 20,000 for masters…hence, no changes.What is LCA for H1B Visa ? Processing times ?LCA is a form that has to be filed with US Dept of Labor and get it certified before filing H1B petition with USCIS. It has to be sent along with H1B Package to USCIS. It has all the relevant information about the job position like wage, location, title, etc. It takes about 7 working days for processing of the LCA by US Dept of Labor (DOL). You can read complete details at Why is LCA Needed for H1B – Processing Time, SalaryH1B Visa 2017 Premium Processing Time :USCIS Updated in their original press release on March 16, 2016 that the premium processing will begin no later than May 16, 2016. But, on April 22nd, they updated that the premium processing for FY 2017 will begin on May 12th, 2016. What it means is that the official 15 calendar day SLA for premium processing petitions will be starting from 12th. USCIS may process the petitions early as well, but officially their clock starts on that day.H1B 2017 Case Tracker :Did you apply for FY 2017 ? We have put together a tracker along with good graphs for analysis. It is completely anonymous as we do not capture your case number or any personal information. It is community contributed data, the more you add, the better for everyone, including You !Track your H1B CaseAnonymously Track your H1B Case - Share and Get updated from Community.H1B 2017 Case TrackerMost Recent News of FY 2017 H1BBelow is the most recent news regarding H1B 2017 season. You can check the updates page as indicated below for the full history and details.May 2nd, 2016 ( Official Update ) : USCIS updated that data entry is complete for selected petitions in lottery. if you were selected, you should receive receipt notices in 2 to three weeks. If not, the chances are very slim to get selected. You should look at your plan B. Read H1B Data Entry Complete Article for full detailsApril 22nd, 2016 : (Official Update) USCIS Updated that they will start premium processing from May 12th, instead of May 16th.April 12th, 2016 – 6:30 PM EST : Official Update : USCIS released a press note that H1B lottery was completed on April 9th and they received over 236,000 petitions for FY 2017 quota. Read Press Release SummaryApril 12th, 2016 – 11:50 AM CST ( Unofficial Update ) : It is reported on blog by attorney ( immigrationgirl ) that they have received about 40 email receipts of Premium Processing. What it means is that USCIS has already conducted lottery. We will keep you posted with updates. If I am not wrong, they are just drafting the press release now.

It’s plausible and varies by case but there are a few issues to consider before your employer should request a petition. As I am sure you already know, you cannot file the petition yourself (even in F1 status) as it has to be done by your employer. Startups often have concerns over whether or not they can successfully petition for H-1B visas.Just to preface, I've had some success with starting 2 internet based businesses along with spending a lot time/money navigating all the legal stuff.Currently, I'm helping 100's startup employees find and hire immigration lawyers at prices that work for them with: LawTrades.Okay, now that we have some credibility out of the way, let's get it on.Since the company is new, they have the burden of proof in regards to proving that they are a legitimate company. The USCIS absolutely has to be convinced of this and it is usually done with a business plan, contracts, leases, payroll records, clients, photos of the premises, etc. If there are any investors or any form of venture capital funding involved with the $200k in funding then they could certainly add credibility to the business as well as vouch for the nature of the funding. The company will also have to be of sufficient size (a 4 member team may suffice) and have the appropriate legal structure as these will be scrutinized along with everything else.I. The PrerequisitesJust to clarify a few things, the company seeking your services as an international student must be able to legally fit the description of a U.S. employer which is defined as a “person, firm, corporation, contractor or other association or organization in the United States with an IRS tax identification number known as a Federal Employer Identification Number (FEIN).” There must also be an employer – employee relationship which is demonstrated by the fact that you can be hired, fired, paid, or supervised.The company will also have to adhere to the Department of Labor (DOL) requirements in order to obtain a Labor Condition Application (LCA). The DOL will certify the LCA and then form I-29 will be submitted and reviewed by the USCIS and this is when all of the documentation needs to be presented. Your employer will need to validate the fact that the business has enough funds to pay “market wage” for you as this is one of the requirements. Market wage is often difficult to determine, however, the USCIS uses factors listed below and the average salary per the Department of Labor’s Occupational Outlook Handbook (OOH) along with other methods to determine such a value. Furthermore, your employer would also have to disclose why they think you are the only person that can fill the needs of this position. Without knowing some more specific information involving your situation, a monthly salary of $2,000.00 or an annual salary of $24,000.00 may or may not meet such a requirement. A few additional basic guidelines for establishing market wage include:Job titleJob descriptionJob locationType of employerRulings by the National Prevailing Wage Center (NPWC)Department of Labor’s Occupational Outlook Handbook (OOH)II. Specialty Position and Educational RequirementYour position would also have to be considered a specialty position and you need to be employed on a full or part-time basis. A specialty occupation normally requires a bachelor’s degree or higher or at the very least an equal amount of experience within that particular field. However, some positions that do not require a bachelor’s degree can still be considered a specialty position if they are so complex that only specialized individuals can perform them. In general, professional positions (accountant, architects, engineers, teachers, nurses, economists, lawyers, etc.) are considered specialty positions.This also ties into the educational requirements needed to engage within the specialty occupation. If you do have a bachelor’s degree and did not earn it from an accredited institution within the United States, then your degree will have to be evaluated and must be determined to be an equivalent degree to one in the U.S. If this test fails, then the requirement of sufficient work/education experience has not been fulfilled. As previously mentioned, if no bachelor’s degree has been obtained the substitute is typically three years of work experience equals one year of college education. For a four year bachelor’s degree, you would need 12 years of work experience in a specialty position. On top of everything else, if state law requires an employee to hold a certification (such as a registered nurse) then you will need to obtain that certification as well.III. H-1B Dependent EmployerFinally, if your employer is an H-1B dependent employer, a willful violator, or a TARP recipient, the will have to attest to three statements:The employer will not displace a similarly employed U.S. worker within 90 days of applying for an H-1B visaThe H-1B visa employee will not be placed at another worksiteThe employer sought out a qualified United States worker to fulfill the position at the same wage that is being offered to the H-1B visa employee. The employer will also offer the job to any United States worker that applies and is just as qualified if not better than the H-1B employee.IV. In ConclusionYou should also be aware that the number of H-1B visas issued per fiscal year is capped at 65,000. The fiscal year runs from October 1st to September 30th. 6,800 of these H-1B visas are reserved for Chile and Singapore in relation to the Free Trade Agreements between the United States and these specific countries. An additional 20,000 visas are available to those who have received a Master’s degree or higher from an accredited institution within the United States.This process may seem unattainable and daunting; however, even though it is sometimes difficult to do so, there is a high possibility for a startup to obtain approval for an H-1B assuming they meet all of the requirements. Here's a useful video where you can learn more: http://vimeo.com/13374673To summarize, as long as the process is carefully planned out and the documentation is available, the startup should have no issue obtaining an H-1B approval. However, an experienced attorney is an important part of this process and can navigate this often very complex process. We can connect you with a qualified immigration attorney today at LawTrades.