Immigration Lawyers Answer Employer FAQ About H-1B Visas For International Students

Hiring an international student can be uncharted territory for many employers. Berd & Klauss, PLLC, Manhattan’s knowledgeable immigration law firm, offers some insight into this area:

Q. When can work begin?

A. Once the Employment Authorization Document (EAD) has been received by the student, they can commence work. Prior to this point, Form I-765—the application for EAD—does not require an employment offer and is generally filled in by the graduate while still a student.

Q. Is there a deadline for H-1B filings?

A. Filing as early as possible – six months in advance of employment is best – is key. File as close to April 1st as possible, as slots often fill up within the first week. Also, if more than 65,000 applications are received during this week, a lottery takes place for those filing.

Q. How much does an H-1B application cost?

A. It costs $460 for a Form I-129 petition; $500 for the anti-fraud fee; and $1,500 for the education fund fee due of companies that employ more than 25 workers. But, if you’re employing less than 25 workers, the fee is $750. Fees often change so it is important to check current filing fees prior to filing.

Q. What sort of financial documentation do employers have to provide?

A. Firms may have to show additional documentation if they are new, have few employees or may find it difficult to pay the foreign employee. In some situations, the government is satisfied with a simple statement of capability regarding finances.

Q. How long is the wait for approval?

A. For regular response times, be prepared to wait anywhere from several weeks to several months.

Q. The international student previously had H-1B visa status. Does this affect a new Form I-129 application?

A. That depends. Approved students have their H-1B visa number for six years, so it might prove to be advantageous. But, with so many differing situations, it’s best to refer this question to a qualified immigration lawyer.

If you additional inquiries regarding visas, business immigration legal services or general immigration concerns, contact Berd & Klauss, PLLC at (212) 461-7152 or visit the firm online.