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Are you ready to file a Petition for a Nonimmigrant Worker?

Let us say your company has won the bid for building a water distribution system and you need a civil engineer to work in the design phase of the project. Your boss has someone in mind, a foreign national who has the experience to handle this kind of project. To begin the hiring process, you must file Form I-129 to bring this person to the U.S. on the H-1B visa.

About the H-1B visa

There are many employment-related visa categories for nonimmigrants. For example, the EB-2 visa is for those with exceptional abilities and advanced degrees. The EB-4 visa is for religious workers. The H-1B visa is for those in specialty occupations, such as the civil engineer your boss wants you to hire. This visa requires holders to provide proof of eligibility. The foreign national you want to hire, for example, must have at least a bachelor’s degree in civil engineering. The H-1B visa is good for three years, and the holder can file an extension for another three years.

Filing Form I-129

To hire your nonimmigrant civil engineer, you must file Form I-129 with U.S. Citizenship and Immigration Services on his behalf. He will then be able to apply for admission to the U.S. to work on a temporary basis or receive training. You should file the Form I-129 no earlier than six months before the proposed start date of employment. However, for an additional fee, you can request premium processing, which reduces the processing time to about 15 days. Keep in mind that processing times change. USCIS advises employers to check those times often.

Seeking the best employee

The water distribution system your company plans on building obviously requires certain employees with specialized knowledge. Your boss believes the requested civil engineer is the best person to lead in designing the system. However, this may be your first experience submitting Form I-129. If so, you are encouraged to learn more about the legal process involved.

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