What to expect during your H1B case
Start
What to expect during your H1B case
Thank you for your interest in working on your H1B petition with Corstange Law Group! Below is an overview of the process and timeline.
Step 01/11
Representation Agreement and Invoice
To hire us, a company representative who is authorized to sign legal documents on behalf of the company will need to sign our representation agreement and pay the invoice for our attorney fee up front.
Step 02/11
Kick-off Email and USCIS Account Setup
After the agreement has been signed and the invoice paid, our Case Coordinator will email a list of documents and questionnaires we need from the company and the employee, as well as instructions for setting up an online USCIS account for the company. The Case Coordinator will answer any questions you have about the questionnaires, documents, or account setup.
Step 03/11
Minimum Wage Determination
Companies are required to pay H1B employees a minimum wage that is determined by the US Department of Labor (“DOL”). The minimum varies dramatically depending on the type of job, its seniority level, and the location where the employee will be working. We will complete the wage analysis to make sure that the DOL’s minimum wage isn’t above the salary offered to the H1B applicant. If it is, we will raise this issue privately with the company representative and discuss options to bring the two in line.
Step 04/11
Labor Condition Application (LCA)
Before we can file the H1B application, we have to file a Labor Condition Application with the Department of Labor (DOL). This application will lock in the required H1B wage and worksite location(s). To comply with DOL regulations, the employer must notify certain employees at the company that this application is being filed, and must keep certain records on file for the next three years, regardless of what happens with the H1B employee. We handle this regulatory compliance for you. One filed, DOL will take 7 days to certify this application.
Step 05/11
Drafting Forms and Company Support Letter
While the LCA is pending, we will draft all required application forms, and a company support letter to show that the position qualifies for H1B status, and that the H1B applicant is qualified to perform this job.
Step 06/11
Physical Signatures
USCIS still requires wet ink signatures from a company representative on the LCA and support letter. We will send pdfs of the final documents for you to print, sign in ink, and scan back to us.
Step 07/11
Final Company Review
We will send the company the completed application through the online USCIS portal. The company representative will review the application and request edits, if necessary, before approving the application in the portal.
Step 08/11
Filing Fees and Submission
We will submit the application through the portal and pay the government filing fees. We will invoice the company for the filing fees.
Step 09/11
Case Receipt and Tracking
Your receipt notice with case number will be available in the USCIS portal shortly after submission. We will send it to you along with instructions for how to track your case progress online.
Step 10/11
Case Processing
If you opted for regular government processing, USCIS does not guarantee processing times, but will typically act within 9 months. If you opted for Premium Processing, USCIS guarantees to take action within 15 business days (not including weekends or federal holidays). Within this timeframe, USCIS will either approve the case, or request additional evidence (see details below). If you originally opted for regular processing but later want to speed things up, you can upgrade to Premium Processing at any time.
Step 11/11
Request for Evidence (RFE)
While we make every effort to avoid an RFE by preparing thorough applications, sometimes they are unavoidable. If your case receives a Request for Evidence, we will have up to 87 days to respond. If you have opted for expedited Premium Processing, USCIS will issue its final decision within 15 business days of receiving our response. If you have opted for regular processing, USCIS aims to issue the final decision within 60 days of receiving our response (but they do not guarantee this).
Finish
Case Conclusion
When your case is approved, an online approval notice will be available in the portal, and the official paper notice will arrive by regular mail at the company's office. To conclude our work on your case we will provide a memo with information on maintaining your status, FAQs, and visa stamping. (If you would like assistance applying for or renewing your visa stamp at the consulate, we provide that as an additional service.)
Start
What to expect during your H1B case
Thank you for your interest in working on your H1B petition with Corstange Law Group! Below is an overview of the process and timeline.
Step 01/11
Representation Agreement and Invoice
To hire us, a company representative who is authorized to sign legal documents on behalf of the company will need to sign our representation agreement and pay the invoice for our attorney fee up front.
Step 02/11
Kick-off Email and USCIS Account Setup
After the agreement has been signed and the invoice paid, our Case Coordinator will email a list of documents and questionnaires we need from the company and the employee, as well as instructions for setting up an online USCIS account for the company. The Case Coordinator will answer any questions you have about the questionnaires, documents, or account setup.
Step 03/11
Minimum Wage Determination
Companies are required to pay H1B employees a minimum wage that is determined by the US Department of Labor (“DOL”). The minimum varies dramatically depending on the type of job, its seniority level, and the location where the employee will be working. We will complete the wage analysis to make sure that the DOL’s minimum wage isn’t above the salary offered to the H1B applicant. If it is, we will raise this issue privately with the company representative and discuss options to bring the two in line.
Step 04/11
Labor Condition Application (LCA)
Before we can file the H1B application, we have to file a Labor Condition Application with the Department of Labor (DOL). This application will lock in the required H1B wage and worksite location(s). To comply with DOL regulations, the employer must notify certain employees at the company that this application is being filed, and must keep certain records on file for the next three years, regardless of what happens with the H1B employee. We handle this regulatory compliance for you. One filed, DOL will take 7 days to certify this application.
Step 05/11
Drafting Forms and Company Support Letter
While the LCA is pending, we will draft all required application forms, and a company support letter to show that the position qualifies for H1B status, and that the H1B applicant is qualified to perform this job.
Step 06/11
Physical Signatures
USCIS still requires wet ink signatures from a company representative on the LCA and support letter. We will send pdfs of the final documents for you to print, sign in ink, and scan back to us.
Step 07/11
Final Company Review
We will send the company the completed application through the online USCIS portal. The company representative will review the application and request edits, if necessary, before approving the application in the portal.
Step 08/11
Filing Fees and Submission
We will submit the application through the portal and pay the government filing fees. We will invoice the company for the filing fees.
Step 09/11
Case Receipt and Tracking
Your receipt notice with case number will be available in the USCIS portal shortly after submission. We will send it to you along with instructions for how to track your case progress online.
Step 10/11
Case Processing
If you opted for regular government processing, USCIS does not guarantee processing times, but will typically act within 9 months. If you opted for Premium Processing, USCIS guarantees to take action within 15 business days (not including weekends or federal holidays). Within this timeframe, USCIS will either approve the case, or request additional evidence (see details below). If you originally opted for regular processing but later want to speed things up, you can upgrade to Premium Processing at any time.
Step 11/11
Request for Evidence (RFE)
While we make every effort to avoid an RFE by preparing thorough applications, sometimes they are unavoidable. If your case receives a Request for Evidence, we will have up to 87 days to respond. If you have opted for expedited Premium Processing, USCIS will issue its final decision within 15 business days of receiving our response. If you have opted for regular processing, USCIS aims to issue the final decision within 60 days of receiving our response (but they do not guarantee this).
Finish
Case Conclusion
When your case is approved, an online approval notice will be available in the portal, and the official paper notice will arrive by regular mail at the company's office. To conclude our work on your case we will provide a memo with information on maintaining your status, FAQs, and visa stamping. (If you would like assistance applying for or renewing your visa stamp at the consulate, we provide that as an additional service.)