The H1B visa is an employment-based, non-immigrant visa category for temporary workers. For such a visa, an employer must offer a job and apply for your H1B visa petition with the US Immigration Department.
Mijeong "MJ" Kim is our DSO who works with H visa holders. Please reach out to her if you require assistance (mkim@latech.edu, 318.257.4321)
Costs and Timeline for Green Card Process Updated 4/16/2024
Below is a breakdown of the costs and average timeline for an employment-based green card process based on labor certification. LA Tech has historically only paid for the labor certification stage. Here's a breakdown of the costs and timeline of the three stages:
Step 1. Labor Certification (aka PERM): This step is currently taking about 18 months due to the backlogs at the Department of Labor. By law, an employer is required to pay for all the costs and fees in this stage. Ware Immigration charges LA Tech on an hourly basis based on the rates set by the LA Attorney General. Total fees will vary based on the amount of time we spend on a case, but in general, Special Handling Labor Certification (SHLC) cases for teaching faculty will require less of our time than a regular labor certification case for a non-teaching position. In addition, advertising is less expensive for SHLC cases. (Advertising for SHLC cases is about $550 and for regular labor certification cases it's about $2,800).
Step 2. Immigration Petition (Form I-140): It typically takes about 10 months to get this stage approved but an additional fee can be paid to the USCIS to get it approved in 3 weeks. LA Tech has not normally paid for this stage, leaving it to the sponsored employee to pay. Ware Immigration’s legal fee to the employee is $2,500 for this stage. In addition, the employee pays the mandatory USCIS application fee of $715. Admin fee $150
Step 3. Adjustment of Status (Form I-485): On average, this stage is now taking about 18 months to be approved. The employees have been responsible for the costs and fees in this stage, which include Ware Immigration fee of $2,500 and the USCIS fee of $1,440. Ware Immigration charges additional fees for family members who are applying in this stage – Attorney’s fee for a spouse is $1,500 and for a child it's $1,000. The spouse and children must also pay application fees to the USCIS. Admin fee $150
*LA Tech’s payment Step 1. $4800~5,300 = Attorney fee $2,000~2,500 + Advertising $2,800 *Employee’s payment Step 2. $3,365 = $2,500 Attorney fee + $150 admin fee + $715 USCIS filing fee Step 3. $4,090 = $2,500 Attorney fee + $150 admin fee + $1,440 USCIS filing fee
*Recruitment efforts Example: 1. A job order with LA workforce Commission for at least 30 days 2. Two Sunday ads in Monroe New-Star newspaper 3. Ad on Jobvertise, an employment website for 5 days 4. Ad on the ULM Career Services website through Handshake for 8 days 5. Ad placed in the Ruston Daily Leader
Section 214(i)(l) of the INA defines "specialty occupation" as: ... an occupation that requires--
(A) theoretical and practical application of a body of highly specialized knowledge, and
(B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
"Specialty occupation" is defined at 8 CFR 214.2(h)(4)(ii) as: ... an occupation which requires theoretical and practical application of a body of highly specialized knowledge in such fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.
Additionally, 8 CFR 214.2(h)(4)(iii)(A) requires a specialty occupation to meet one of the following criteria:
(1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
(2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
(3) The employer normally requires a degree or its equivalent for the position; or
(4) The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
To be consistent with section 2I 4(i)(l) of the INA, USCIS interprets the term "degree" set forth in the criteria at 8 CFR 214.2(h)(4)(iii)(A) to mean not just any bachelor's or higher degree, but one in a specific specialty that is directly related to the offered position.
Updated 4.22.24
Office of International Affairs will do the H-1B visa process by filing a petition on your behalf.
To do this, we need to submit a Labor Condition Application (LCA) to the Department of Labor (DOL) for Certification. (Form ETA -9035/9035E) The purpose of the LCA is to confirm that LA Tech University will pay you the same wage as other similarly qualified workers in the same geographic area, and that your working conditions will not affect other our employees. In order to do that, we need an official offer letter from your department for your detailed job description, salary, starting date. And it takes 7 business days.
Once the LCA has been certified by the DOL, we will complete Form I-129, Petition for a Nonimmigrant Worker, and file both the LCA and the I-129 to USCIS, along with the fees and additional documentation. These other documents may include evidence of your education (bachelor’s degree or higher), any training certificates, your resume, transcript, a confirmation letter from the department (LA Tech), passport, visa, I-94, I-20s, OPT card, DS-2019, and so on.
If your Form I-129 is approved (and you are within the United States), you’ll get I-797 approval. This whole process takes 4-5 months.
Normally, your first H-1B visa will be good for three years and it may be extended for an additional three years. H-1B visa comes with a six-year maximum validity.
