H1B Petition for Non-immigrant Worker Requirement

The H-1B is a non-immigrant visa that allows US employers to employ workers in specialty occupations. Regulations define a “specialty occupation” as requiring highly specialized knowledge in a field including but not limited to architecture, engineering, mathematic, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts.


Job positions must require a bachelor’s degree or its equivalent as a minimum qualification. H-1B work-authorization is strictly limited to employment by the sponsoring employer. It is important that the job description submitted is tailored to labor certification requirements.


Current law limits 65,000 H-1B visas to each fiscal year and an additional 20,000 for those with a Master’s degree or higher and certain salary brackets. The USCIS starts accepting applications on the first business day of April for visas that allow for employment beginning in October. Before the I-129 can be submitted, ILOHB must complete a wage determination collect a number of important documents.
The following documents are required to begin the H-1B process. Consistent collaboration between the beneficiary, employer and ILOHB is essential for a successful H-1B visa application.

Form I-129: Petition for Nonimmigrant Worker

From the beneficiary

Comprehensive and up to date C.V.
Copy of degrees (and transcripts if evaluation is required)
Passport copy
I-94 copy
Proof of Continuous Lawful Status, ex: DS 2019 or I-20s
212(e) Waiver (if applicable)

From the petitioning employer

ILOHB’s Employer Intake Form
Proof of Valid Business, ex: Business license, bank records
Proof of ability to support prevailing wage, ex: Tax records, bank statements

H-1B Filing Fees

Form I-129 Filing Fee

$460

Fraud Prevention and Detection Fee (if applicable)

$500

ACWIA Fee: 1 to 25 employees // 26+ employees

$750 // $1,500

Estimated Filing Fee Total

$1,710 to $2,460
H-1B visa holders can bring immediate family members (spouse and children under 21 yrs) to the US under the H4 visa category as dependents. The USCIS Filing Fee for the H-4 is $290 under the I-539 Form.

The Immigration Law Offices of Hadley Bajramovic strongly recommend that you seek legal assistance due to the limited visas and time-sensitive nature of this filing. Contact our office at (951) 588 9838.