IEEIS specializes in education evaluation and immigration services
We follow the guidelines of the Association of International Educators (NAFSA) and American Evaluation Association (AEA). Our evaluators are members of::
  • NAFSA (www.nafsa.org)
  • Association of International Educators
  • AEA (www.eval.org)
  • American Evaluation Association
Our Services
  • Education Verification
  • General Education Evaluation
  • Speciality Occupation Evaluation
  • Professional Work Experience Evaluation
  • Detailed Educational Evaluation
  • Document By Document Evaluation
  • By Course Evaluation and Equivalency
We provide the following Immigration Services


How Can We Help with Education Evaluation and H1-B Filing?

Here at International Education Evaluation and Immigration Services (IEEIS):
  • We can help you determine your education equivalency by providing education evaluation and also help you file the H1-B application through our immigration services.
  • At IEEIS, our immigration attorney can determine through consultation if you qualify for the H1-B visa that is, if the nature of the position and the beneficiary's (you) background are appropriate for the H1B, and suggest alternatives.
  • We can advise both the employer and prospective employee regarding the H1B documentation requirements and legal issues.
  • We can prepare paperwork and submit it to the Department of Labor and USCIS.
  • If applicable, we can prepare and file applications for dependent family members, as well.
  • We can also assist with applying for the H1B and H-4 (dependent) visas at the appropriate consulate abroad if needed.

Besides H1B visa, what other types of visa we can help you with?

In addition to H1-B, we can help you file the following types of visas

Work Visas
  • B1 Visa (Visitor for Business Purposes)
  • E1 Visa (Treaty Trader)
  • E2 Visa (Treaty Investor)
  • E3 Visa (Australian Specialty Worker)
  • H1B Visa (Specialty Worker)
  • H1C Visa (Temporary Nurse)
  • H2A Visa (Agricultural Worker)
  • H2B Visa (Seasonal Worker)
  • H3 Visa (Company Trainee)
  • J1 Visa (Exchange Program Participant)
  • J1 Waiver (§212E Visa Waiver)
  • L1 Visa (Intracompany Transferee)
  • O1 Visa (Alien of Extraordinary Ability)
  • O2 Visa (Essential Support Personnel of O1 Visa Holders)
  • P1 Visa (Artist/Athlete/Entertainment Group)
  • P2 Visa (Artist/Athlete in an Exchange Program)
  • P3 Visa (Artist/Athlete in a Culturally Unique Program)
  • R1 Visa (Religious Worker)
  • TN Visa (NAFTA Professional)
  • Y1 Visa
  • Z1 Visa
  • Third Country Visa
  • Visa Revalidation

H-1B Transfer

The requirements for H1-B transfer are the same as H-1B but applicant must be in H-1B status; admitted lawfully to the U.S.; maintained lawful status; worked in lawful status; and the new petition must be filed prior to the expiration of the employee’s current H-1B status.

H-1B Filing Fees

The fees* associated with the H-1B visa

The following government-filing fees apply in H-1B cases.
  • The base filing fee for an H1B case applies in every case. Presently, the fee is $320.
  • In late 2004, Congress passed legislation restoring a worker-retraining fee. The previously applicable worker-retraining fee was reinstated and increased to $1500. Employers with fewer than 25 full-time equivalent employees in the U.S. (including employees of affiliates and subsidiaries) pay $750. Previously exempt employers will continue to be exempt from the fee.
  • Additionally, there is a $500 fraud prevention and detection fee.
* Immigration filing fees change frequently. Our immigration attorney will provide you all the details prior to filing an H1B visa to ensure that you are in compliance with the most recent regulations and filing fee requirements

Green Cards

Employment Based
  • EB1/NIW Discussion (Self-Sponsorship Options)
  • EB1-EA (Alien of Extraordinary Ability)
  • EB1-OR (Outstanding Researcher)
  • EB1-ET (Executive Transferee)
  • National Interest Waiver
  • EB-2 (Second Employment Based Preference)
  • Schedule A (Nurses & Physical Therapists)
  • EB-3 (Third Employment Based Preference)
  • Labor Certification
  • RIR Labor Certification
  • PERM
  • EB-4 (Religious Worker)
  • VAWA (Violence Against Women Act)
  • E


  • B-5 (Immigrant Investor)
Family Based
  • Adoption (International)
  • Marriage Green Card
  • Other Family Based
Other
  • AOS (Adjustment of Status)
  • Asylum (Political)
  • Divorce
  • Green Card Lottery


Basic Outline of the H1-B Process

The first step in H1B cases is to locate "prevailing wage" information for the area in which the employment is to be located. It is possible to have the state issue a prevailing wage determination or, if there is a reputable and reliable published survey that would meet the labor department requirements, to use that instead. The prevailing wage data as well as other basic information is then entered on the LCA form that is submitted to the Department of Labor.

The next step is to submit to the INS a form, along with the LCA, and a letter describing the operations of the company, the job opening, and the prospective employee's background. It is also necessary to document the beneficiary’s degree and to show that the company is viable. A person who is already in H1B status may accept new employment and start working for the new employer immediately upon filing the new H1B petition if the person has: (a) been previously granted H1B status, (b) been lawfully admitted into the US; (c) filed a non-frivolous H1B or other non-immigrant petition which is pending for new employment; and (d) never been employed without authorization in the U.S. before the filing of the H1B petition. Depending upon the location of the employment, it can take 1 to 6 months for the INS to approve the petition.

The processing times vary depending on the caseload of the Service Center; these times are generalizations.

If the person is already in the country in some other valid legal status, then his or her status would usually be changed to H1B status with the H1B Petition approval, assuming the correct box was marked on the Form I-129 submitted to the INS. This also holds true for a person who has an H1B through another employer. Under AC21, a person who is working with another employer in H1B status is now allowed to work with a new employer upon filing the H1B Petition with the INS. This is a reversal of previous INS regulations. If the H1B applicant is in the foreign country, then it is necessary for him or her to go to the U.S. consulate and apply for an H1B visa at the U.S. consulate in that country based upon INS approval of the H1B Petition.

In future H1B overview articles, we will go into more detail about prevailing wage issues, employer record-keeping requirements, and other H1B issues.


H-1B Visa restrictions and limitations:

  • 65,000 visas are issued every year
  • Non-profit organizations are excluded from the annual cap
  • Higher education institutions are excluded from the annual cap
  • Over 130,000 applications were received during 2007-2008
  • H-1B visas are issued for a maximum of 6 years


Requirements for H1-B Visa

H1B VISA - Information and Requirements

The H1B Visa is the official and primary USA work visa available to professionals from all over the world that allows them to work in the specialty occupation in the U.S.

Many U.S. employers actively recruit worldwide for professional talent in fields ranging from engineering, Information Technology (IT) professionals, accountants, market research analysts, professors/scientists and others. The H1B Visa is given to a professional in a Specialty Occupation that allows a U.S. employer to fill a position with a qualified worker from abroad. The foreign worker must possess at least a bachelor’s U.S. degree or its equivalent. The equivalency of a foreign degree is usually determined by a foreign credential evaluation agency like us. In some cases, a combination of education and relevant work experience may substitute for the degree to qualify the foreign professional if it is determined by a credentials expert.

H1B Visa Details

The H1B visa is for workers who will perform in a specialty occupation. A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

Spouses and children of H1B visa holders may enter and remain in the US in H4 status. H4 visa holders may attend school in the US but cannot accept employment.

The US Government introduced the H1B visa to offer and enable highly skilled International Professionals and/or International Students, from all over the World, the opportunity to live and work in the USA.

One of the main advantages of the H1-B visa is that it is a 'dual intent' visa which means that you can apply for a Green Card (Legal Permanent Residency).



The Process to obtain an H1B Visa

Step 1 - you must 'first' find an H1-B Job with a US Employer (known as your "sponsor")
Step 2 - your Employer files your H1-B Visa Application with the US Immigration Bureau

   Note: individuals can NOT sponsor or apply for their own H1B visa. Only Your Employer can.

Qualifications
To Qualify for the H1B Visa Program, you must work in a 'specialty occupation.’

Specialty Occupation
A specialty occupation is one which "requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor's degree or higher in a specific specialty as a minimum for entry into the occupation in the United States."

The core Specialty Occupations include: IT, Computing, Finance, Accounting, Banking, Marketing, Advertising, PR, Sales, Recruiting, Engineering (all types), Teaching, HealthCare/Medical, Legal, Lawyers, Networking, Telecoms, Business, Management (see below for full H1B requirements and all H1B occupations).

Duration of H1-B Visa

An H1B visa is typically valid for up to six (6) years and entitles your spouse (husband/wife) and children (under 21) to accompany you and live in the USA on an H4 visa. The H4 dependent visa does not allow your spouse/children to work (unless they get their own H1B visa).

There are two requirements to be met for specialty occupation:

  1. The employer must demonstrate a need for someone in a specialty occupation as the minimum capability to perform the job; and
  2. The foreign national must have the required degree, or its equivalent, in a subject closely related to the position

Under the regulations, the need for a person in a specialty occupation can be shown by one of the following:
  • a) A bachelor's or higher degree is normally the minimum requirement for entry into the particular position;
  • b) The degree requirement is common in the industry in parallel positions among similar organizations, or the position is so complex or unique that it can be performed only by an individual with a degree;
  • c) The employer normally requires the degree for the position; or
  • d) The nature of the duties are so specialized and complex that knowledge required to perform them is usually obtained through a bachelors level or higher education.


Employer's Responsibilities

The employer must first file a "labor condition application" (LCA) with the U.S. Department of Labor in the region where the foreign national will work. The employer must attest to certain wage and working conditions.

A list of the attestations on the LCA is provided in the above article entitled "Update on the new LCA form for H1Bs" since a new form for the LCA will be used from January 19, 2001 onwards. We will also describe those requirements, including the complex "prevailing wage" issue, in more detail in a subsequent overview article.

The employer must give notice of the LCA to the relevant collective bargaining unit, if the job is unionized, or otherwise post a notice in a conspicuous location to enable other employees to see it.

The employer must pay certain costs and expenses on behalf of an H1B employee. The employer must also keep certain records. Further details on the above requirements will be included in subsequent overview articles.


Summary of the Employer and Employee Requirements for H1-B visa

The H-1B visa is a non-immigrant visa that allows business professionals to work in the United States for a specific amount of time. The purpose of the H-1B visa is to give U.S. employers the opportunity to hire foreign professionals if a U.S. citizen or resident is not available. In order for the H-1B visa to be issued, both the employer and employee must satisfy specific requirements.


Employer Requirements:
  • The job offer must be in a specialty occupation such as architecture, engineering, mathematics, etc.
  • There are criteria for wages offered and the actual job performed
  • No U.S. citizen or resident must be available for the job
  • The petition must be submitted by the company (not the employee)

Employee Requirements:
  • A Bachelor degree
  • Specialized skill
  • Speak and read English

Employee Rights:
  • Vacation
  • Sick leave
  • Maternity leave
  • Paternity leave
  • The spouse may enter on the H-4B visa