Whenever a worker wants us to do an H1B for him or her, we insist that the employer comply with the strengthened USCIS regulations that require the employer to pay for all of the attorney and government processing fees. And, despite the nervousness of our clients at this news, we always succeed.
Employers want to abide by the law, cut through administrative delay, and just get their job done. When we tell them they will have to pay our fees – – which average out to only be $100 or so per month for the lifespan of that worker’s H1B – – the employers agree. We then help them cut through the administrative delay with our expertise.
In our notable case for September 2013, the client had received a promotion but had not received much extra money for that promotion. She and the employer were concerned that her salary would not rise to the required level for that industry. After considerable research, we found that there was no position directly equivalent to her position in the regulations and guidelines.
Therefore, we were able to do a very creative and extensive argument as to why her position was okay to receive what seemed like an inadequate salary. The extension was approved, the employer was happy, and the employee saved thousands of dollars in fees.