First, be aware you need a company to hire you and sponsor you in order for you to apply for a work visa. This company usually is called "Sponsor". Unless you are manager being transferred from an overseas company you typically will pursue is called an H-1B visa. If you are a manager please see the section on CORPORATE MANAGERS. An H-1B visa allows you to stay and work in the U.S. as a professional for a total of 6 years. You will normally be able to get two three-year visas.

What is the procedure?

To get your H-1B visa, you and your company needs to file papers first with the Department of Labor and then INS which show that you have at least a four year college degree or equivalent, that you will work in a position which normally requires such a degree, and that your company can afford to pay you a reasonable salary.

How long before I can start working for my sponsor?

Thanks to our extensive experience in this area, we take great pride in being able to file your 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 you can start to work and get paid depends on your situation. Please choose the situation which fits you:

• If you are working now with another company, you already have an H-1B visa and you want to change jobs, you can start working and being paid as soon as we file your case with INS.
  
  
• If you are a student and your practical training will expire soon, you 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 you are outside the U.S. you can start working after getting your H-1B visa stamp from the U.S. Embassy/Consulate outside the U.S. and return to the U.S. with your new stamp. To get your H-1B visa stamp you 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 you get your approval notice, you have to wait for the U.S. Embassy/Consulate to give you an H-1B visa stamp. This waiting time differs greatly depending on the country where you apply for the visa stamp. The shortest time to get a stamp is 7-10 days. You can find out the processing time by calling the Consulate nearest your 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)

One half (1/2) of the Legal Fee plus the Filing Fee is due before we can start working on your case. The second half 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 you and your family
    • Obtaining filing with INS in the U.S. and getting visa stamps from the U.S. Embassy overseas
    • Early warning when your visa will expire so you can prepare without any inconvenience to your job or family
• Filing fee
  • Filing fee in U.S.
    • Filing fee for H-1B visa is $1,110. Your employer is legally required to pay $1,000 of the fee. There are a few exceptions to this fee, but they usually do not apply for this industry.
    • For your family it would be an additional $120 regardless the number of people in your family.
• Local 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. We will outline these 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 to help you?

1. Copy of your college diploma and transcripts
2. Your Resume
3. Your job description, title and salary at the company that will employ you.
4. If you are in the U.S., proof that you are in legal status.
   1. If you are presently a student please give me your
   2. I-20 signed by your school official;
   3. I-94 (the little cardboard card stapled into your passport last time you came

   If you are not a student please give me

   1. I-94 (the little cardboard card stapled into your passport last time you came into the U.S.)
      
      
5. If you are already employed by another U.S. company,
   1. copies of the papers you filed to get your present visa
   2. copies of your last 2 pay stubs
6. Proof that your company can afford to pay your salary. If you are with a large well-known company this is not much of a problem, and you probably will not have to give me anything. If your employer is not large or well-known, please give me
   1. Company financial statements from a professional accountant
   2. Bank statements.
7. Your sponsor's Web site or brochure or other information about the company or its products.
8. Tell me if you are married and if you have a family. If so, let me know if your spouse and children's visas are tied to yours.
9. Complete the attached questionnaire.

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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