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My Company's Staff Needs A Work Visa
First, be aware that if you want to hire a professional non-U.S. worker you will need to sponsor them for a work visa. You will probably sponsor them for an H-1B visa. It will allow them to stay and work for you, and only for you, as a professional for a total of 6 years. Your employee will normally be able to get two three year visas.

What is the procedure?

To sponsor your future employee for an H-1B visa you need to file papers first with the Department of Labor and then the INS to show that you are offering a job which normally requires a four year college degree or its equivalent, that you can afford to pay the normal wage for your area, and that your future employee has at least a four year college degree in a related major area.

How long before the person can start working for us?

Thanks to our extensive experience in this area, we take great pride in being able to file your future employee's H-1B application within a week of starting to work together in most cases.

For those of you who want more detail on the steps and timing of the entire process of an average case, you can click here to download a time chart.

When the person can start to work for you and get paid depends on your situation. Please choose the situation which fits you.

  • If the person is working now with another company and already has an H-1B visa and want to change jobs, he/she can start working and being paid as soon as we file your case with INS.

  • If the person is a student whose practical training will expire soon, he/she can start working when INS has approved your work visa request. This is now taking between 2-3 months in the East Coast and Midwest, 4-6 months in West coast

  • If the person is outside the U.S. he/she can start working after getting an H-1B visa stamp from the U.S. Embassy/Consulate outside the U.S. and returning to the U.S. with his/her new stamp. To get the H-1B visa stamp they will first need an approval notice from the INS for your visa. This is now taking between 2-3 months in the East Coast and Midwest, 4-6 months in West coast.

After he/she gets the approval notice they will have to wait for the U.S. Embassy/Consulate to give them an H-1B visa stamp. This waiting time greatly differs depending on in what country the person applies for the visa stamp. The quickest time to get a stamp would be between 7-10 days. You can find out the processing time by calling the Consulate nearest your home home or click here to see if the Embassy you are interested in has a web site which includes processing times.

How much does this cost?

There are four parts to the cost: the Legal Fee, the Filing Fee, Other Expenses, and Unusual Expenses (if any)

1/2 of the legal fee plus filing fee is due before we start working on your case. The 2nd 1/2 is due when you are approved for your visa by INS.

  • Legal Fee
    • $2,500 for new H-1B visa
    • $2,000 for extending present H-1B visa
    • Includes
      • Visas for your employee and his/her family
      • Obtaining filing with INS in the U.S. and getting visa stamps from the U.S. Embassy over seas
      • Early warning when your employee's visa will expire so you can help him/her prepare without any inconvenience to your company, and his/her job and family
  • Filing fee
    • Filing fee in U.S.
      • Filing fee for H-1B visa is $1,110. You are legally required to pay $1,000 of the fee. There are a few exceptions to this fee, but usually do not apply for this industry.
      • For your employee's family it would be an additional $120.
    • Filing fee for visa stamp
      • Filing fee for H-1B visa stamp is normally $45 per person. A few countries have an additional fee.
  • Other expenses include postal and messenger charges, telephone and copy costs and other miscellaneous costs which we will outline in a fee agreement between us before we start working together. These expenses are usually not a significant amount.
  • Unusual Expenses
    • If there are any unusual expenses in your case, we will inform you. (This is rare.)

What do we need in order to help your employee?

  1. Proof that you can afford to pay the salary you are offering. If you are a large company this is not usually a problem. If not, please send me copies of:
    1. Your financial statements from a professional accountant;
    2. Your most recent bank statements.
  2. The job description, title, and salary you will offer
  3. Company brochure or Web site

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James C. Nolan
75 Maiden Lane
New York, NY 10038-4810
P: 212-402-7840 F: 212-402-7841
http://www.jnolanlaw.com
jnolan@jnolanlaw.com