H1B for Consultant: Requirements, Data, Processing

If you are about to apply for an H1B visa as a consultant, then knowing basic information and familiarizing yourself with the application process will help you navigate the waters of the US legal and immigration system much more easily.

Knowing what the H1B visa is and who it is destined for is the first step in aiming at obtaining a positive outcome. It is a non-immigrant visa type, used by U.S based companies or employers that offer specialty occupation vacancies to foreign nationals and wish to bring them to the United States.

However, there are certain employer-employee standards and requirements that must be satisfied in order to qualify for the H1B visa and of course, the job vacancy itself must be listed among the specialty occupations, in this case, consultants are included. Keep reading to find out more details.

H1B visa for Consultant entry requirements

Applying for an H1B visa as a consultant involves several procedures and requirements, which we have listed below. First of all, having a valid consultancy job offer that meets the specialty occupation standards from a U.S based employer who is willing to sponsor your application is the most essential eligibility requirement, as well as having at least a bachelor’s degree in consultancy.

Afterward, your employer will have to file for a Labor Condition Application from the Department of  Labor which will include and state all of their contract terms with you as the employee. Your employer will also have to demonstrate that he did not find any qualified U.S. applicants for the job and that you have the needed skills and expertise to perform the job duties. Then, the U.S. Citizenship & Immigration Services will conduct a random lottery to select the applications that will be going on to processing.

Then, if they select your application, that will allow your employer to move on to the next step by officially filing a petition starting April 1st of that year. Then, if the petition is approved, you can choose one of the following:

  • Either wait for your employment start date which is October 1st. Then, your status will be automatically adjusted to H-1B. In this case, this would be the ideal option if you are already in the United States but have a different non-immigrant visa type.
  • If you are outside of the U.S. borders, then the next step would be to go to a U.S. consulate or embassy for the purpose of obtaining a visa stamp and entering the country under an H-1B status.

Consultant H1B Sponsorship Data

YearApproval RateDenial Rate
202299.76%0.24%
202199.78%0.22%
2020100.00%0.00%
201999.89%0.11%
201899.40%0.60%
201799.18%0.82%
201699.43%0.57%
201598.96%1.04%

Average prevailing wages and top employers for Consultant in the U.S

For most of small business consulting firms consultants get paid on average a salary ranging between $65,000 and $70,000. While Senior consultants earn an average salary of $112,000-$120,000. On the other hand, for top hiring firms average salaries for consultants are between $80,000 and $149,500.

Company NameAverage Median Salary for H1B Visa for Consultant
Deloittensulting$96,576
Wipro$84,019
The Boston Consulting Group$179,747
Genpact$85,793
Sonata Software North America$73,474
Latentview Analytics$116,316
IBM$114,229
L.e.k. Consulting$165,000
Bain &$166,750
Headstrong Services$95,276

However, as of early 2023, H1B visa sponsors such as Deloittensulting, Wipro, The Boston Consulting Group, Genpact, and Sonata Software North America are successively ranked as the top 5 hiring parties applying for Labor Condition Applications. 

Top-hiring Cities for Consultants in the United States

The top-hiring and highest-paying consulting firms in the US are mainly located in New York, San Francisco, and Boston, take a look at the following table for detailed insight.

RankCityAverage Salary
1New York, NY$135,381
2San Francisco, CA$153,056
3Seattle, WA$137,843
4San Jose, CA$147,643
5Austin, TX$117,909
6Chicago, IL$111,267
7Sunnyvale, CA$154,276
8Atlanta, GA$105,984
9Mountain View, CA$162,028
10Houston, TX$105,542
11Irving, TX$105,663

H1B visa for Consultant Basic Processing Information

Processing time for an H1B visa varies depending on the service center in which it is being processed.

  • Regular H1B visa processing; takes from 1 to 6 months. But it also depends on the service center. The California and Nebraska Service Centers usually take 2.5 to 4.5 months for processing H1B visas, The Vermont Service Center takes around 12 to 15 months to do so.
  • Premium H1B visa processing; Specifically destined for employers who do not want to wait for a long period of time. With Premium processing, the petition will be processed within 15 days of the submission date.
  • Expedited H1B visa processing: Expedited processing requires certain criteria such as the following: 
  • In case there is a severe financial loss to the US employer or foreign employee;
  • There is an emergency situation;
  • For humanitarian reasons;
  • The petition is filed from a US Nonprofit Organization that will benefit the cultural and social interests of the US;
  • In Case the petition is from a US government entity due to national interest from the US Department of Defense;
  • In case there was an error from the USCIS.
  • In case the petition is of compelling interest to USCIS.

H1B Visa Fees

Type of feeAmount in $Paid for by
Registration Fee$10Employer
Premium Processing Fee (optional)$2,500Employer or  Employee
Public Law 114-113 Fee$4,000Employer
Basic Filing Fee$460Employer
USCIS Anti-Fraud Fee$500Employer
ACWIA Education and Training Fee$750 (less than 25 employees)$1,500 (more than 25 employees)Employer
Attorney FeeVariableEmployer

Get Help From Herman Legal Group

If you are a consultant and about to apply for an H1B visa in the United States and are looking for legal guidance, contact Herman Legal Group. We are an award-winning immigration law firm, founded in 1995, and experienced in all areas of immigration: family, employment, investor, deportation defense, and citizenship.

Sit down with attorney Richard Herman or one of the lawyers at Herman Legal Group to get experienced immigration help and let them analyze the facts to come up with the best legal strategy for your situation at your convenience.

You can schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online.  Consultations can be conducted via Zoom, Skype, Whatsapp, Facetime, phone, or in-office. We are looking forward to helping you! 

Project Manager H1B Visa Approval, Requirements, Processing

H1B visas are non-immigrant visa types used mostly by employers or businesses within the United States who want to bring workers from foreign countries to occupy job vacancies that requires specialized skills and proficiency. 

This includes all specialty occupations performers, among which project managers, they usually require certain conditions such as a high level of education mainly a bachelor’s degree in a field directly related to the job position which is in this case is project management, as well as other criteria that involve the applicants skills and expertise.

Therefore, in order to apply for an H1b visa, project managers must meet the eligibility requirements and the job vacancy itself must fulfill the specialty occupation standards that are imposed by U.S law. Keep reading for more details.

H1B Visa for Project Manager entry Requirements

To be eligible to apply for an H1B visa as a project manager, the minimum educational level acceptable has to be a bachelor’s degree in the field of project management, as well as an employer-employee relationship with a U.S. employer who is filing the petition for your visa.

Which means that in addition to having a valid job offer in a field directly related to project management it must  also meet the specialty occupation standards, which include the following conditions listed below: 

  1. The minimum entry level to the H1B visa programs is having a bachelor’s degree, higher, or its equivalent similarly used by other workers hired to fulfill the same job position that you are applying for in the United States.

In this case it is worth knowing that when evaluating a foreign degree, the U.S rules and regulations allow the consideration of the applicant’s experience, by substituting 3 years of progressive and relevant experience in that specific field, in this case project management as an equivalent of one year of college. 

  1. Having a valid job offer with a trustworthy employer in the U.S that fully understands his role and duties in bringing you to the United States, including payment of all application fees and providing you with a sustainable wage commonly paid to US workers occupying the same job position as you, meaning the same wage paid in the area of employment. 
  2. Your employer must apply for a certified Labor Condition Application (LCA) from the Department of Labor, this certification includes the terms and conditions of their contract with you as a new project management employee. 
  3. Your employer has to demonstrate that he did not find any qualified U.S applicants for the job.
  4. You must have the needed skills and expertise to perform the job duties.

The above mentioned are some of the requirements that must be fulfilled in order to be eligible and qualify for an H1B visa for project managers. 

Project Manager H1B Sponsorship Data

YearApproval RateDenial Rate
202299.85%0.15%
202199.51%0.49%
202099.92%0.08%
201998.90%1.10%
201899.02%0.98%
201799.14%0.86%
201699.14%0.86%
201598.72%1.28%

Average prevailing wages and top employers for Project Manager in the U.S

Project Managers earn on average $94,874 in the United States. While the average additional cash compensation is estimated at $10,270, which makes the average total salary of Project Managers in the United States $105,144. More details are listed below.

Company NameAverage Median Salary for H1B visa for Project Manager
Consultadd$93,185
Tata Consultancy Services$99,634
Tech Mahindra$95,659
Accenture$120,567
IBM$104,971
System Soft Technologies$85,689
Compunnel Software Group$104,076
Atos Syntel$94,733
Adroit Associates$80,129
Coforge F/K/A Niit Technologies$93,643

Project Manager top-hiring Cities

The field of project management in the United States is subject to an estimated 7% growth between 2021 and 2031, with around 70,400 vacancies for project management in some of the top-hiring and highest paying cities in the US, including New York, San Francisco and Chicago, more details are listed below.

RankCityAverage Salary
1New York, NY$126,408
2San Francisco, CA$142,808
3Seattle, WA$132,944
4Chicago, IL$105,061
5Sunnyvale, CA$145,710
6San Jose, CA$136,951
7Atlanta, GA$100,771
8Houston, TX$103,969
9Austin, TX$109,341
10Charlotte, NC$105,109
11Mountain View, CA$151,855

H1B visa for Project Manager Basic Processing Information

H1B visa processing usually approximately takes between six to nine months. California and Nebraska Service Centers take on average between 2.5 to 4 or 6 months, the Vermont Service Center however usually takes much longer to process H1B visas.

You can use your USCIS receipt number that is made up of 13 digits to find out where your application is being processed. You may also pay for premium processing which offers 15 day processing time if you wish to speed up the process.

H1B Visa Fees

H1B visa for project manager fees are paid for by the employer. The U.S law forbids the payment of H1B visa fee by the employee except for the premium processing fees which are optional. More details about the type and cost of each fee are listed below.

Type of feeAmount in $Paid for by
Registration Fee$10Employer
Premium Processing Fee (optional)$2,500Employer or  Employee
Public Law 114-113 Fee$4,000Employer
Basic Filing Fee$460Employer
USCIS Anti-Fraud Fee$500Employer
ACWIA Education and Training Fee$750 (less than 25 employees)$1,500 (more than 25 employees)Employer
Attorney FeeVariableEmployer

Get Help From Herman Legal Group

If you are Thinking about applying for an H1B visa for project manager in the U.S, you will surely need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law.

You can seek out professional counsel help from Herman Legal Group, a U.S. immigration law firm with over 25 years of experience in representing individuals, families and companies in all aspects of immigration law, in all 50 states and around the world.

Keep in mind that a consultation can help uncover the winning strategy and bring peace of mind. Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online.  Consultations can be conducted by Zoom, Skype, through the phone,  whatsapp, facetime, or in-office.

Unlocking the Secrets of the H1B for Developers

H1B visas for developers are non-immigrant temporary visas destined for foreign nationals, who are eligible to work in vacancies in their related field for US based employers, companies or institutions.

Both the foreign H1B visa applicant and his employer must satisfy the specialty occupations standards. These “standards” imposed by the Immigration and Nationality Act, section 101(a)(15)(H) allow foreign individuals to come to the U.S for the purpose of working under an H1B visa contract, the duration of stay is mainly three years, can be extended to six years afterwards, the applicant may need to reapply in case they want to lengthen their stay.

The minimum entry level for applying to an H1B visa is a bachelor’s degree, among other requirements which we will be stating below. Therefore, if you are a developer who just secured a new job with a U.S based employer and need more insight on everything related to the H1B visa, then you came to the right place! Keep reading for more details.

H1B Visa For Developer Entry Requirements

Like all of the specialty occupations, there are certain requirements that must be satisfied in order to qualify and be eligible for a position as a developer in the U.S through an H1B visa. 

The complex and challenging nature of a developer’s specialization which involve providing upgrades, bug fixes, testing, writing debugging and making other changes to programs and applications with the aim of improving the customer’s experience makes it a specialty occupation for which US based employers may hire foreign nationals and bring them to the United States, of course if other requirements are fulfilled, some of which include the following:

  • The applicant has to be a holder of a bachelor’s degree as minimum entry level in a field directly related to developing, that degree should also be common in similar industries among other people who work as developers in the United States.
  • The employer should file a labor condition with the Department of Labor. That labor condition will state the details, terms and conditions of  his work contract with the foreign developer.
  • You must have the needed skills and expertise to perform the job duties.
  • The employer should also demonstrate and prove that there were no qualified U.S applicants for the job.
  • Your employer has to pay all the fees and charges of the H1B visa. However, you may pay the premium processing fees. 

These are some of the most pertinent rules and conditions imposed to any H1B visa contract between an employer and a foreign employee, you can find more details at the USCIS H1B eligibility criteria.

Developer H1B Sponsorship Data

H1B visas for Developers have a relatively high approval rate, the highest denial percentage for the last few years has been recorded in 2015 for an estimation of 0.78% denied petitions and 99.22% approved ones. Take a look at the following table for more details:

YearApproval RateDenial Rate
202299.80%0.20%
202199.95%0.05%
2020100.00%0.00%
201999.78%0.22%
201899.82%0.18%
201799.65%0.35%
201699.65%0.35%
201599.22%0.78%

Average prevailing wages and top employers for Developers in the U.S

The average income for developers in the United States was estimated at $110,140 per year making that $9,178 as a monthly wage. More specifically, the average income for Junior developers is around $69,354 per year for $5,779 each month. On the other hand, the average senior developer salary, on is estimated at $104,188 per year or $8,682 per month.

Company NameAverage Median Salary for Developers
Tata Consultancy Services$93,736
Nagarro$86,277
Proficient Business Systems$89,427
Sap Labs$121,080
SuccessFactors$115,296
Concur Technologies$113,513
Ariba$118,804
Akuna Capital$153,750
Flexton$124,068
Health Care Service$98,485

Developer Top-Hiring Cities

Developer field has witnessed an important growth during the last few years, in both the average salary and job volume and vacancies available within the United States. The areas that pay the highest salaries for developers include San Jose, San Francisco, Seattle, Wenatchee, and Oxnard. More details are shown below:

RankCityAverage Salary
1New York, NY$135,381
2San Francisco, CA$153,056
3Seattle, WA$137,843
4San Jose, CA$147,643
5Austin, TX$117,909
6Chicago, IL$111,267
7Sunnyvale, CA$154,276
8Atlanta, GA$105,984
9Mountain View, CA$162,028
10Houston, TX$105,542
11Irving, TX$105,663

H1B visa for Developer Basic Processing Information

H1B visa processing time differs from the rest of the visa categories, mainly depending on the circumstances that involve the service center as well as the workload within that service center.

In addition to the fact that it involves multiple different government agencies for processing which may lengthen or shorten the procedures depending on the situation, that includes the Department of Labor (DOL) as well as the US Citizenship and Immigration Services (USCIS).  

The USCIS usually takes between 3 weeks to 11 months to review the eligibility criteria and determined whether the applicant should be granted an H1B visa or not.

However, the service center itself plays a very important role in determining the processing time. While the Vermont Service Center takes a long time to process H1B visas, the California and Nebraska Service Centers on the other hand process H1B visas for an average of 2.5 to 4.5 months.

If the petition is approved, then the H-1B visa will be issued. So preparing your application correctly and providing the necessary documentation since the beginning would be very helpful and will help you gain more time to your advantage.

Therefore it would be a good idea to consult with a specialized immigration attorney before applying.

H1B Visa Fees

Type of feeAmount in $Paid for by
Registration Fee$10Employer
Premium Processing Fee (optional)$2,500Employer or  Employee
Public Law 114-113 Fee$4,000Employer
Basic Filing Fee$460Employer
USCIS Anti-Fraud Fee$500Employer
ACWIA Education and Training Fee$750 (less than 25 employees)$1,500 (more than 25 employees)Employer
Attorney FeeVariableEmployer

Get Help From Herman Legal Group

If you are a developer planning to apply for a job position in the United States through an H1B visa and Need help navigating the complex immigration laws and procedures?  We can help. 

Herman Legal Group, founded in 1995, By Attorney Richard Herman, a national speaker, advocate, and author. He co-authored the acclaimed book, “Immigrant, Inc.” serves clients in all 50 states and Canada, and throughout the world. 

Their team speaks over 12 languages, including  Spanish, Arabic, Chinese, French, Russian, Serbian and Bulgarian. Schedule a consult with one of the experienced immigration lawyers at Herman Legal Group by calling 1-216-696-6170, or by booking online

Consultations can be conducted by Zoom, Skype, WhatsApp, Facetime, or In-office. 

H1B Visa For Assistant Professor

The H1B visa type is a non-immigrant visa category especially used by employers or businesses that are located in the United States and want to bring workers from foreign countries to occupy job vacancies that meet the specialty occupation standards.

All specialty occupations performers such as assistant professors are eligible for H1B visas, they usually require certain requirements such as a specific level of education mainly a bachelor’s degree in a field directly related to the job position, as well as other criteria that involve the applicants high skills and expertise.

Therefore, in order to apply for an H1b visa, the applicant must meet the eligibility requirements and the job vacancy itself must fulfill the specialty occupation standard that are imposed by the USCIS. We will be exploring more details in this article, keep reading to know more.

H1B Visa For Assistant Professor Entry Requirements

As mentioned above assistant professors are already defined as specialty occupations, however in order to be eligible to apply for an H1B visa for assistant professors, the following important requirements, among others, must be satisfied:

  1. A bachelor’s degree, higher, or its equivalent, are normally the minimum entry level condition into the teaching position as an assistant professor.
  2. The applicant must possess at least a bachelor’s degree or higher or its equivalent in a field that is related to the job position that they are applying for.
  3. The applicant’s educational course must be the equivalent to a U.S. bachelor’s degree.

However, one thing that is worth knowing and keeping in mind is the fact that when evaluating a foreign degree, the U.S regulations allow the consideration of the applicant’s experience, by substituting 3 years of progressive and relevant experience in that specific field as an equivalent of one year of college.

  • The foreign applicant must possess the necessary license in jurisdictions or institutions where it is demanded. However, in case the applicant is unable to provide the licensure before coming to the U.S. or obtaining a social security number, he or she can present proof from the licensing board documenting that he or she has met all of the requirements for the license but for status in the U.S. or a social security number.
  • Before finally submitting the H1B petition at the USCIS, the employing party, in this case usually an institution will have to apply for and obtain a certified Labor Condition Application (LCA) from the Department of Labor that included the terms and conditions of their contract with the new employee. Which also implies that by getting the Labor Condition Application, the employer guarantees, among other things, that:

They are responsible for paying the H1b applicant’s (assistant professor) wage. which have to be similar to the wages paid by other employers to employees working on the same positions in similar industries, therefore the same prevailing wage in the area of employment.

They will provide to the foreign assistant professor with working conditions that will not adversely affect the working conditions of U.S. assistant professors similarly employed in the area.

Assistant Professor H1B Sponsorship Data

YearApproval RateDenial Rate
202299.8%0.19%
202199.94%0.06%
202099.98%0.02%
201999.41%0.59%
201898.77%1.23%
201798.85%1.15%
201698.72%1.28%
201597.96%2.04%

Average prevailing wages and top employers for Assistant Professor in the U.S

Even though the national U.S average salary for assistant professors in 2022 was estimated at $98,669. That estimation is subject to significant variations based on the location as well as the employing institute. Below are some of highest paying institutions for Assistant professors in the United States as well as their median average salaries.

Institution NameAverage Median Salary for H1B Assistant Professors
University Of Oklahoma Health Sciences Center$150,822
The Pennsylvania State University$99,333
The Univ. Of Ala. At Birmingham (Uab)$216,001
Purdue University$112,318
University Of Wisconsin-System$122,976
University Of Alabama Health Services Foundation, Pc$229,340
Board Of Regents Of The University Of Nebraska$80,061
Rutgers, The State University Of New Jersey$148,176
Emory University$195,791
Medical University Of South Carolina$175,878

Assistant Professor top-hiring Cities

There are many assistant professor vacancies in the U.S, a large number of highest paying institutions for those vacancies are located in the regions shown below.

RankCityAverage Salary
1New York, NY$135,381
2San Francisco , CA$153,056
3Seattle, WA$137,843
4San Jose, CA$147,643
5Austin, TX$117,909
6Chicago, IL$111,267
7Sunnyvale, CA$154,276
8Atlanta, GA$105,984
9Mountain View, CA$162,028
10Houston, TX$105,542
11Irving, TX$105,663

H1B visa for Assistant Professor Basic Processing Information

H-1B petitions are much more complicated than other type of visas, that is mainly because they involve multiple different government agencies for processing, that includes the Department of Labor (DOL) as well as the US Citizenship and Immigration Services (USCIS).

All H-1B petitions for Boise State University are filed through the Center for Global Engagement (CGE). Keep reading for more details about the processing time-frame for an H1B application for assistant professors.

After successfully preparing all the required paperwork and submitting the application at the USCIS, it can take between 3 weeks to 11 months to review the eligibility criteria and determined whether the applicant should be granted an H1B visa or not.

That period of time depends on many circumstances such as the service center. The California and Nebraska Service Centers process H1B visas for an average of 2.5 to 4.5 months, while the Vermont Service Center takes much longer to process H1B visas.

For example during COVID-19 closures, the USCIS approved multiple H1B visa applications in the time-frame of 2 weeks. Within 90 days of being selected, the employers can then file their petitions at the USCIS for processing and pay the required filing fees and supporting documents. If the petition is approved, then the H-1B visa will be issued.

H1B Visa Fee

Type of feeAmount in $Paid for by
Registration Fee$10Employer
Premium Processing Fee (optional)$2,500Employer or Employee
Public Law 114-113 Fee$4,000Employer
Basic Filing Fee$460Employer
USCIS Anti-Fraud Fee$500Employer
ACWIA Education and Training Fee· $750 (less than 25 employees)· $1,500 (more than 25 employees)Employer
Attorney FeeVariableEmployer

Get Help From Herman Legal Group

If you are considering applying for an H1B visa for assistant professor you need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. Seek out counsel help from Herman Legal Group, a U.S. immigration law firm with over 25 years of experience in representing individuals, families & companies in all aspects of immigration law, in all 50 states and around the world.

Keep in mind that a consultation can help uncover the winning strategy, schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office.

H1B for Senior Software Engineer

The H1B visa which is a non-immigrant temporary work visa is initiated by a U.S based employer for the benefit of a foreign worker to occupy a job position that meets the specialty occupation standards.

Before initiating the H1B visa procedures for a foreigner the employer must prove that he was not able to find an American employee who is qualified enough to perform the work among other eligibility requirements. Some of these requirements involve the applicant having theoretical and practical knowledge as well as holding at least a bachelor’s or higher degree in the work field  or in a directly related field as a minimum entry level into the occupation.

H1B Visa for Senior Software Engineer Entry Requirements

The H1B visa cap plays a big role in granting these type of visas, as they are in high demand and currently the fiscal year cap is at 65,000. In addition to that, 20,000 extra visas are available for Masters Degree holders, so if you have a masters degree from a U.S institution then you are lucky!

Keep in mind that if your employer is an institution of higher education, a nonprofit organization connected to an institute of higher education, or a government research organization, then in your case the visa cap does not apply. If your specialization is subject to the U.S H1B visa cap, then you have to electronically register with the USCIS and enter the lottery, either by doing so yourself or through the help of an attorney. 

  • A  valid job offer matching the specialty occupation criteria, in this case a vacancy for the role of senior software engineer from a U.S. employer requiring knowledge Proof of at least a bachelor’s degree in this field.
  • A Labor Conditions Approval (LCA) presented by your employer concerning the details, terms and conditions of your work contract.
  • Form I-129 submitted by your employer. 
  • Proof of a stable “employer-employee” relationship, meaning that the employer must pay a regular salary to the foreign worker. Usually by paying the prevailing wage, or the actual wage (whichever is higher) for the position of senior software engineer in the geographic area of the employment similar to other companies in the same industry, and receive the standard and basic employee benefits provided by the employer.

Senior Software Engineer H1B Sponsorship Data

H1B visa applications for senior software engineering job positions have had a relatively high approval rate between 2015 and 2022. With a highest denial rated of 1.38% for both 2015 and 2016. 

YearApproval RateDenial Rate
202299.86%0.14%
202199.81%0.19%
2020100.00%0.00%
201999.60%0.40%
201899.14%0.86%
201799.04%0.96%
201698.79%1.21%
201598.44%1.56%

Average prevailing wages and top employers for Senior Software Engineer in the U.S

The average salary of a senior software engineer in the U.S is estimated at 150$ with an additional cash compensation of $21,832 making a total of $172,642. However, that remains subject to variations depending the geographic location of the job as well as the employing company itself.

Company NameAverage Median Salary for H1B Senior Software Engineer
Wal-Mart Associates$138,733
Bloomberg$189,829
Uber Technologies$183,632
Epam Systems$117,100
Microsoft$159,169
Intuit$158,531
Capital One Services$116,755
Globallogic$120,633
Lowe’s Companies$129,976
Salesforce.Com$136,854

Senior Software Engineer top-hiring Cities

Some of the top-hiring areas in the United States for senior software engineers in no particular order, include California, Texas, Colorado as well as Massachusetts. Find out more details below!

RankCityAverage Salary
1New York, NY$126,408
2San Francisco, CA$142,808
3Seattle, WA$132,944
4Chicago, IL$105,061
5Sunnyvale, CA$145,710
6San Jose, CA$136,951
7Atlanta, GA$100,771
8Houston, TX$103,969
9Austin, TX$109,341
10Charlotte, NC$105,109
11Mountain View, CA$151,855

H1B visa for Senior Software Engineer Basic Processing Information

In general the processing time of an H1B visa varies between 1 to 6  months but it can take more than that, up to one year depending on the circumstances as well as the service center. While the California and Nebraska Service Centers take on average between 2.5 to 4 or 6 months, the Vermont Service Center however usually takes much longer to process H1B visas and you can use your uscis receipt number that is made up of 13 digits to find out where your application is being processed.

You may use premium processing which offers 15 day processing time if you wish  to speed up the process.

H1B Visa Fee

H1B visa fees which are listed below, must be paid by the employer. The only exception which allows the employee himself to pay is the premium processing fee. Considering that it is optional and it grants the possibility of speeding up the visa processing procedures.

Type of feeAmount in $Paid for by
Registration Fee$10Employer
Premium Processing Fee (optional)$2,500Employer or  Employee
Public Law 114-113 Fee$4,000Employer
Basic Filing Fee$460Employer
USCIS Anti-Fraud Fee$500Employer
ACWIA Education and Training Fee$750 (less than 25 employees)$1,500 (more than 25 employees)Employer
Attorney FeeVariableEmployer

Get Help From Herman Legal Group

If you are considering applying for an H1B visa for Senior Software Engineer and need help navigating complex immigration laws and procedures, we can help. Contact Herman Legal Group, a U.S. immigration law firm with over 26 years of experience in representing individuals, families and companies in all aspects of immigration law, in all 50 states and around the world. 

Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office. The team is friendly, professional and looks forward to helping you!

PERM Prevailing Wage Determination FAQs

So, you have successfully aced your interview with a US-based business – congratulations! Before you pack your things, get excited about working in the US, and plan your trips to many landmarks across the US, let us first tell you about the next steps in the procedure for your migration and citizenship in the US, specifically if you are coming through an EB-3 employment-based green card.

EB-3, or Employment Third Preference E-3, is an immigration program that allows eligible people to legally work and live in the US by procuring an employment-based green card. This program is also one of the fastest methods to obtain a US Green Card and become a lawful permanent resident of the United States.

Several steps are involved in obtaining an EB-3 employment-based green card, but none is more critical for the successful outcome than the Prevailing Wage Determination (PERM) process. In this detailed narrative, we will discuss several aspects of the PERM procedure in the EB-3 immigration program, which will help you prepare your case in the best possible way.

What is Prevailing Wage Determination?

The PERM (Prevailing Wage Determination) is a permanent labor certification program that protects the job rights and working conditions of a native US national. Whenever an employer operating in and a permanent US citizen decides to hire someone for a job from outside of the United States, they are first required to initiate a detailed recruiting process within the US to see if there is already a qualified US citizen available to do the work.

US employers/companies must do an intensive recruitment process that includes a variety of marketing sources and a time limit of at least a 30-day job posting. The business/employer must wait another 30 days for eligible candidates to respond to the job requirement.

Suppose, during this period, and the employer doesn’t find any eligible candidate within the United States. In that case, they can then file for an EB-3 employment-based visa and green card for the selected foreign individual and request the National Prevailing Wage Center (NPWC) for prevailing wage determination data, an official service with the US Department of Labor.

In some cases, employers can also get wage data from government-recognized sources such as the Foreign Labor Certification Data Center (FLCDC) website. However, a private wage survey is also eligible in some instances, but it is recommended to consult an immigration attorney to get a legally-accepted report before filing. Immigration attorneys at Herman Legal Group can provide crucial help in preparing a conducive petition for you.

The Department of Labor will then determine the wage paid for that specific skill in the region where the business is located. The PERM application processing time could be around 60 to 90 days, while the period for wage determination is between a few weeks to over two months.

For the application to process further, the employer must agree to pay that wage to the incoming foreign worker and need to provide surety of being financially capable of delivering that wage continually. The employer had to show evidence of bank statements and salary/pay slips of a similar workforce in their organization.

There is more information available on the prevailing wage process and methodologies at the US Department of Labor website here.

What Are the Employer Requirements for Getting a PERM Labor Certificate?

The PERM stands for Program Electronic Review Management System Labor Certification. It is an e-processing system – made by the US Department of Labor – to facilitate labor certification filing for an employment-based green card. More information on the enaction and a detailed description of this system can be found on the US Department of Labor Employment and Training Administration website.

The requirements for an employer to get a PERM labor certification are varied. But the foremost of them is to ensure the USCIS that the admission of a foreign worker in the US will not, and must not, adversely affect the wages, working conditions, and job opportunities for the native US workforce.

To meet this end, it is the employer’s responsibility to file a PERM prevailing wage determination request to the Department of Labor, which will then be used to certify that the above stringent requirement is precisely met by the US Citizenship and Immigration Services (USCIS). The USCIS will then facilitate an employment-based visa and green card for the foreign worker.

Apart from meeting the unavoidable requirement mentioned above, the employer must also have to follow these requirements to get a PERM labor certificate:

  • The company/employer must not tailor job requirements based on the foreigner worker’s skill set.
  • The company/employer must be financially capable to pay the prevailing wage or greater.
  • The company/employer must successfully demonstrate that there are no qualified workers available for the job within the US.
  • The company/employer must offer a full-time job.
  • The company/employer must demonstrate that the position/wage of the foreign worker will not adversely affect the working conditions/wages of the native US workers.

Once these requirements are successfully met, the company/employer will become eligible to file an employment-based immigration petition to the USCIS on behalf of the foreign skill-worker.

What is the ‘Prevailing Wage Determination’ Validity Timeframe?

According to the official document on the DOL website, the validity period for a PERM prevailing wage determination is from 90 days to a year.

The determination report should be submitted as soon as received by the employer, within the validity period, along with the PERM recruitment file and Labor Certification to the USCIS.

One of our advanced guides on perm processing, timings, and costs can help you get a more in-depth look at the subject of validity and processing time for perm wage determination procedure over here.

What Are the Steps in the ‘PERM Labor Certificate’ Process?

The PERM process is a long and multi-faceted one. We will briefly lay out the entire procedure through which a US-based employer can successfully sponsor a foreign employee for employment-based immigration and green card. Here are the steps:

Filing the “prevailing wage determination request” to the US Department of Labor via Form ETA 9141.

The first step in obtaining a ‘PERM Labor Certificate’ is to file a “Prevailing Wage Determination” (PWD) request to the US Department of Labor on their official ‘FLAG System’ at the DOL website (https://flag.DOL.gov/). This step is done by the US-based company/employer on behalf of the foreign worker they are seeking to hire.

The US-based company/employer needs to use Form ETA 9141 to fill out this request. This request, and all the processing for almost all visa programs, are now processed electronically on DOL’s FLAG website since the June of 2019.

Form ETA 9141 highlights such information to the DOL as:

  • Minimum requirements for the job
  • Job duties to be performed
  • Worksite location
  • Employer’s information

Based on this information, DOL studies and issues a prevailing wage determination (PWD) to the employer. This PWD report will include information about the minimum wage for the specific job in that specific location/region of the work site. The employer must have to agree to pay the prevailing or greater wage for the job described in that specific location/region.

However, PWDs may vary according to the geographic location of a company/employer in a specific region of the United States. For those who prefer to download and fill out the form ETA 9141 at their convenience, they can download the form from the official DOL library here. You can find more helpful material on the documentation of PERM in the official form section at the DOL website here.

Initiating an Intensive Local Recruitment Campaign

After filing the prevailing wage determination request with DOL, the next step is to initiate an intensive recruitment procedure for the vacant post. This step is crucial for obtaining the PERM certificate because it will ensure the DOL that no viable US worker is available to fill the vacant position. Thus, the DOL will then be liable to issue a PERM labor certificate to the employer.

Here is how the PERM job advertisement process works:

1. The company/employer is required to post the job ad with their State Workforce Agency (SWA). The job shall be placed on the actual State Workforce Agency portal where the employer/company is looking to fill the position.

2. The employer must have to post a job order in “good faith” recruitment, which means that the job order must be prepared in such a way as to attract any available US worker.

3. Along with posting the job advertisement with the State Workforce Agency, the company/employer must also place the job order in a major newspaper in the intended employment area/region. The job advertisement should be placed in two different Sunday editions of the paper.

4. The employer/company must also post the job offer internally. This includes posting the job offer on the physical premise of the worksite location, town hall, or union hall; specifically for those recruitments that are in rural or remote areas of the United States.

5. On top of these job posting requirements, the employer/company must utilize 3 additional methods for placing the job order. The following is the list of additional recruitment methods out of which 3 ways must have to be used:

  • Using a local job fair/seminar event
  • Posting on popular job search engines (e. g. Indeed.com)
  • Placing the job advertisement in a trade or talent recruiting firm
  • Placing the job offer on the local College/University campus
  • Running the job advertisement on local radio or television channel

6.       All the job placements must be run actively for 30 days. After this period ends, the employer/company must wait another 30 days for an eligible US worker to respond to their job offer.

And that is how the PERM job advertisement step is done. However, since this step is utterly crucial for the success of your PERM initiative, and it involves a diversity of methods, it is highly recommended to consult an experienced immigration law firm to get you through. This will greatly help you to prepare a strong case for PERM certification.

Filing PERM application using Form ETA 9089 to the US Department of Labor

Once the combined two months period has been passed – 30 days with live job ad and 30 days response period – and the employer/company did not find any viable US worker for the job, the employer/company can now file the PERM application using Form ETA 9089. However, if the job position falls in the category of professional occupation, you can choose to have one of three recruitment mediums!

The form ETA 9089 is an application form to get permission to employ a non-US worker. This form is filled out by the sponsoring employee/company to the US Department of Labor (DOL) on behalf of the foreign worker they are going to hire. This step comes after the employer/company has obtained prevailing wage determination data and has ended the job advertisement phase.

The Form ETA 9089 highlights this information to the DOL:

  • Foreign worker’s full legal name
  • General employer bio-data (e. g. business name, Federal Employer Identification number, current employees, etc.)
  • Employer’s point of contact information
  • Agent or immigration attorney information
  • Prevailing wage information
  • Job opportunity information

The employer/company must submit the prevailing wage determination data along with the form ETA 9089. The employer/company can submit Form ETA 9089 either by mail or electronically at the DOL’s FLAG system online. However, the latter method is preferable by the DOL. The form can be downloaded from the official DOL website here, as well as being submitted online at the DOL’s website over here.

After the form and prevailing wage information is submitted successfully, it would take around 2 – 3 weeks before the application is either approved or declined. If the application is declined, the employer/company will be guided about the reason by the DOL.

If it is approved, the foreign worker will now become eligible to be hired as an employee by the US-based employer/company, and their employment will not adversely affect the working condition of the native US employees.

The approval of this step leads to the last step of the PERM process, which is to file the Form I-140 (Immigrant Petition for Alien Worker) to the USCIS (US Citizenship and Immigration Services), along with the PERM Labor Certificate received from the Department of Labor (DOL).

Filing Form I-140 (Immigrant Petition for Alien Worker) to the USCIS (US Citizenship and Immigration Services) with PERM Labor Certificate from the Department of Labor (DOL)

After all the above steps are successfully passed, the final stage in the EB-3 Employment-Based Green Card procedure is the filing of Form I-140 to the USCIS, along with the PERM Labor Certificate obtained from the US Department of Labor.

This form is also filed by the US employer/company on behalf of the foreign worker they are hiring. The US employer/company is the petitioner while the foreign worker is the beneficiary. This form will enable the USCIS to issue a work visa to the beneficiary.

The pre-requisites for the submission of Form I-140 are as follows:

Proof of financial stability to provide the minimum prevailing wage (or greater) determined by the DOL in the prevailing wage determinations report. The employer/company may need to provide annual financial reports, audited financial statements, federal tax returns, and employees’ salary/pay slips for that specific job.

  1. PERM Labor Certificate provided by the US Department of Labor.
  2. A filing fee of $700 at the time of submission, either online or by check/money order at the regional USCIS Service Center.
  3. A completely and accurately filled Form I-140. It is recommended to take help from a reliable immigration lawyer for accurate submission of the form.

Done! You have submitted your petition to the USCIS successfully. After receiving your documents, the USCIS will issue you a ‘Receipt Notice’ and assign a case number to your file. Now, you must wait for the approval of your case by the USCIS.

Although, it depends on the backlog of the USCIS in processing a case, as well as the case’s details; a general timeframe of either acceptance/declination is no more than 3 months.

Congratulations! As a US-based employer/company, you have done your part in sponsoring the foreign worker you wish to migrate to the US Now, once your case is approved, the remaining part will be done by the foreign worker through consular processing at a foreign US Consulate.

What are the Costs of the Entire PERM Procedure?

There is only one single filing fee (per applicant) of $700 when the employer/company submits Form I-140 to the USCIS. However, there are other PERM-related costs as well. If the employer/company hires a professional immigration attorney/firm to increase the chances of a successful process, they should consider a budget of somewhere around $2000 to $6000.

Form 9089 is filed completely free of any charge. However, the costs of job advertisements will fall on the employer/company. For 2 print advertisements in a major circular newspaper, especially the Sunday editions, a general cost average should be around $500 per ad. This is just an estimate because the prices may vary according to the paper and region where it is read.

Apart from the estimates above, any additional incidental costs or overheads may add up to the total expenditures. The role of an expert immigration law firm over here plays an important part as they can catch any loopholes in the entire procedure before the authorities do.

What are Some of the Common Errors to Avoid in the PERM Labor Certification Process?

Employers/companies sometimes do very simple mistakes in the PERM process which hinders the entire procedure, and often puts their cases to auditing by the DOL. However, audits can be caused by some factors like if you’ve hired someone from an employee referral program. That is why it is generally accepted that the major portion of a successful application lies on the US employer/company rather than the foreign worker.

To ensure successful PERM procedures, here are some of the common errors which US employers/companies must avoid in the process:

1.  Always double-check the ETA Form 9089 before filing. Even minor typographical errors, such as misspellings, can get your application declined – let alone incorrect information.

2.  A failure to respond to a simple questionnaire from the DOL can get your application denied. What happens is that when an employer/company submits form ETA 9089, DOL sends a quick and small questionnaire to the email address mentioned in the form. This is to check if the submission is done by a human and not by a bot; spammer, hacker, bot, etc. Not replying to this questionnaire within seven days can give a red flag to the DOL.

3.   Minimum requirements (qualification/work/experience/etc.) which the foreign worker’s academic and professional bio-data could not verify, or at the least does not stand in equivalence to the US standards, may get rejected. Being exact and verifiable in all aspects of the PERM process is the only way to approval.

4.  Practical experience matters! When processing the PERM job application, it is essential to highlight a quantifiable working experience of the foreign worker rather than the subjective. For example, if your selected foreign worker has tremendous knowledge of their skills, and that knowledge will bring lots of help to your work/product, it is not sufficient to reject a US native employee. Instead, if your selected foreign worker has practical accomplishments to show along with the advanced knowledge, that will pique the interest of the DOL.

5.  Placing advertisements on the wrong dates is another factor hindering the PERM process. If the employer/company has placed the first advertisement on the Sunday edition, the second one should be placed on the following Sunday. Putting both advertisements one after the other on subsequent days can decline your labor certification application.

While there are some other loopholes, the ones mentioned above are the most noticeable. It is always best in favor of the petitioner to double-check everything and avoid common mistakes that can ruin all the time, effort, and money. That is why getting help from an immigration lawyer by your side is recommended from the start till the end.

Let Herman Legal Group Be Your Assistant Throughout the Complex Legal Procedure of the PERM Permanent Employment Certification

The Herman Legal Group, founded in 1995, can help. The law firm is AV-Rated and has been awarded the “Best Law Firm” designation by US News & World Report. The firm serves clients nationwide and worldwide on all types of US immigration schemes/programs. Your perfectly optimized content goes here!

 H1B for Computer Programmer – The Super Simple Guide

An H1B visa is a non-immigrant visa popularly and commonly used by U.S based employers or businesses or business owners who are planning to bring workers from foreign countries to the United States to work for them in certain job vacancies called specialty occupations.

However, there are certain eligibility requirements for both the nature of the job vacancy as well as the applicants for that particular job.  The USCIS imposes specific rules in order to qualify for the specialty occupation.

For example, a bachelor’s degree or its equivalent in a field directly related to the job vacancy are usually the minimum entry level to be considered eligible for the job. Luckily, computer programmers are considered performers of specialty occupations, therefore they are eligible for an H1B visa! Find out more details below!

H1B Visa for Computer Programmer Entry Requirements

Computer programmers are individuals who specialize in the writing, modification, test coding and scripting that allow computer software and applications to work properly. Their job consists in turning the designs created by software engineers and developers into instructions that a computer can follow.

Computer programmers perform one of the specialty occupations which means that they are eligible to apply for H1B visas. However, they must meet certain requirements to be able to work in the U.S under the H1B visa program. Some of those requirements include the following:

  • A bachelor’s degree as minimum entry level in a field directly related to the job specialty, that degree must be common in similar industries for people who work as computer programmers in the United States.
  • Your employer has to file a labor condition with the Department of  Labor containing the details, terms and conditions of their contract with you.
  • Your employer has to demonstrate that he did not find any qualified U.S applicants for the job.
  • You must have the needed skills and expertise to perform the job duties.
  • Your employer is responsible for paying all fees and charges of the H1B visa. However, you may pay the premium processing fees.

For more details, check out the processing times at The USCIS specialty occupations.

Computer Programmer H1B Sponsorship Data

YearApproval RateDenial Rate
202298.98%1.02%
202199.42%0.58%
2020100.00%0.00%
201998.64%1.36%
201898.87%1.13%
201798.47%1.53%
201699.07%0.93%
201599.09%0.91%

Average Prevailing Wages and Top Employers For Computer Programmers in the U.S

Salaries for computer programmers are different from one company to another. We have gathered the average prevailing wages in some of the most well-known companies in the U.S.

Company NameAverage Median Salary for H1B Computer Programmers
Tata Consultancy Services$67,502
Igate Technologies$72,623
Tech Mahindra (Americas)$70,543
Larsen & Toubro Infotech$67,739
Hexaware Technologies$61,323
Fujitsu America$67,436
American Information Technology$50,743
Ntt Data$96,785
Deemsys$60,025
Natsoft$70,635

Computer Programmer top-hiring Cities

In the United States, San Francisco, New York and Huston Texas have been the hot spot for computer programmers. Their median annual wage has reached $93,000 as of May 2021. Below are the top hiring-cities for computer programmers as well as their average salaries per city.

RankCityAverage Salary
1New York, NY$97,446
2Houston, TX$82,249
3San Francisco, CA$107,074
4Atlanta, GA$81,230
5San Jose, CA$102 ,855
6Chicago, IL$82,081
7Sunnyvale, CA$102,454
8Charlotte, NC$80,995
9Irving, TX$73,484
10Dallas, TX$76,509
11Mountain View, CA$121,120

H1B visa for Computer Programmer Basic Processing Information

H1B visa processing time depends on many factors, such as the applicants specific case, and the service center where it is being processed. It generally takes between 1 to 6 months to process an H1B visa and it can take up to one year.

Processing time differs from one center to another, the California and Nebraska Service Centers for example take between 2.5 to 4.5 months to process an H1B visa application while the Vermont Service Center takes a lot longer than that.

On average around 12 to 15 months. The next step after USCIS processes your H1B visa, they might request more evidence. The petitioner must then provide the required documentation, allowing the USCIS to move forward with the processing of your application and finally be able to make a decision, either by accepting or denying your H1B visa application. 

H1B Visa Fees

H1b fees have to be paid by the employer who is hiring a foreign employee. The U.S law forbids the payment of H1B visa fee by the employee except for the premium processing fees which are optional. More details about the type and cost of each fee are listed below.

Type of feeAmount in $Paid for by
Registration Fee$10Employer
Premium Processing Fee (optional)$2,500Employer or  Employee
Public Law 114-113 Fee$4,000Employer
Basic Filing Fee$460Employer
USCIS Anti-Fraud Fee$500Employer
ACWIA Education and Training Fee$750 (less than 25 employees)$1,500 (more than 25 employees)Employer
Attorney FeeVariableEmployer

USCIS Memos concerning H-1B Visa for Computer Programmers

MEMO  issued by Trump’s administration gave the USCIS officers more authority to demand any additional proof demonstrating that entry-level computer programming vacancies qualify as a “specialty occupation”— which is a basic requirement to obtain an H-1B visa.

Due to this new MEMO more RFEs (Requests for Evidence) on all computer-related applications are likely to be made, as the USCIS has more discretion to do so and determine whether the position is really eligible for an H1B visa and meets the specialty occupation standards.

Get Help From Herman Legal Group

If you are planning to apply for an H1b visa, then a little professional guidance can help you save money and time. Herman Legal Group, founded in 1995, T serves clients in all 50 states and Canada, and throughout the world.  Their team speaks over 12 languages, including  Spanish, Arabic, Chinese, Russian, Serbian, and Bulgarian.

A consultation can bring you peace of mind and clear up any worries or ambiguity along your path. Call us and schedule a consultation at 1-216-696-6170, or by booking online.  Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office. We would be thrilled to help you!

H1B for Business Analyst

The H1B visa is a non-immigrant visa popularly and commonly used by U.S based employers or businesses who want to bring foreign nationals to work for them in specialty occupations. Those specialty occupations usually require a certain level of education, usually a bachelor’s degree in a field directly related to the job position, as well as other criteria involving high skills and expertise.

Which means that in order to qualify for the specialty occupation, applicants must meet the eligibility requirements imposed by the USCIS. Luckily, business analysts are eligible for H1B visas.

They belong to the specialty occupation list of jobs; meaning that if you are a business analyst and you meet all of the eligibility requirements then you can apply for an H1B visa and start working in the United States! Find out more details as you keep reading.

H1B visa for Business Analyst Entry Requirements

Business Analyst specialization as defined in section 214(i)(1) of the Immigration and Nationality Act and 8 CFR 214.2(h)(4)(ii)(A) is a specialty occupation. In order to qualify for an H1B visa the applicant for the position must meet one of the following criteria:

  • A baccalaureate, a higher degree or its equivalent are normally the minimum entry requirement.
  • The degree should be common to the industry in parallel jobs and among similar companies or, the employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree directly related to the job and having expert skills.
  • Have an H1B visa sponsor. Meaning, an employer offering you this job vacancy and willing to sponsor you and pay for the H1B visa processing fees.
  • Your employer must submit a Labor Conditions Approval (LCA).
  • Your Employer must submit Form I-129.

Business Analyst H1B Sponsorship Data

YearApproval RateDenial Rate
202299.85%0.15%
202199.51%0.49%
202099.92%0.08%
201998.90%1.10%
201899.02%0.98%
201799.14%0.86%
201699.14%0.86%
201598.72%1.28%

Average prevailing wages and top employers for Business Analyst in the U.S

The average salary for a Business Analyst working in the United States is $82,938, while the average additional cash compensation for that speciality is around $7,883. Therefore, making the average total compensation for a Business Analyst in the U.S around $90,821. Take a look at the following data for more details about the top employing companies as well as their median salaries for business analysts.

Company NameAverage Median Salary for H1B business analysts
Consulted$93,185
Tata Consultancy Services$99,634
Tech Mahindra$95,659
Accenture$120,567
IBM$104,971
System Soft Technologies$85,689
Compunnel Software Group$104,076
Atos Syntel$94,733
Adroit Associates$80,129
Coforge F/K/A Niit Technologies$93,643

Business Analyst top-hiring Cities 

The following data shows the top-hiring cities for business analysts in the US in 2022 including California, Virginia, Florida and New York City. Business Analysts are in high demand and the job market for this specialization is expected to grow by 14.3% between 2016 and 2026.

RankCityAverage Salary
1New York, NY$126,408
2San Francisco, CA$142,808
3Seattle, WA$132,944
4Chicago, IL$105,061
5Sunnyvale, CA$145,710
6San Jose, CA$136,951
7Atlanta, GA$100,771
8Houston, TX$103,969
9Austin, TX$109,341
10Charlotte, NC$105,109
11Mountain View, CA$151,855

H1B visa for Business Analyst Basic Processing Information 

Since the US authorities are aware of the extremely high demand for the H1B visas, they established a quite complicated and long process of application. There are also different ways through which these visas get processed. Which include the following:

  • Regular H1B visa processing; Which takes from 1 to 6 months. But it also depends on the service center. While The California and Nebraska Service Centers take on average 2.5 to 4.5 months for processing H1B visas, The Vermont Service Center takes around 12 to 15 months to do so.
  • Premium H1B visa processing; Specifically destined for employers who do not want to wait for a long period of time. With Premium processing the petition will be processed within 15 days of the submission date.
  • Expedited H1B visa processing: Expedited processing requires certain criteria such as the following:
  • In case there is a severe financial loss to the US employer or foreign employee;
  • There is an emergency situation;
  • For humanitarian reasons;
  • The petition is filed from a US Nonprofit Organization that will benefit the cultural and social interests of the US;
  • In Case the petition is from a US government entity due to national interest from the US Department of Defense;
  • In case there was an error from the USCIS.
  • In case the petition is of compelling interest of  USCIS.

H1B Visa Fees 

Most of the H1B visa filing expenses have to be paid for by the employer who is sponsoring them. That is one of the most important requirements of filing an H1b visa application. The filing fees for a business analyst H1b visa will cost  around $5000 (including government fees). You will find below a briefly detailed list of the most important fees related to H1b visas. They include the following:

  • $460 I-129 Fee.
  • $500 anti fraud fee.
  • If the company has 25 or more employees: $1,500.
  • If the company has less than 25 employees: $750.
  • Optional Premium Processing: $2,500.

Get Help From Herman Legal Group

If you are a Business Analyst planning to apply for an H1B visa and need help navigating complex immigration laws and procedures? We can help you! The Herman Legal Group, founded in 1995, T serves clients in all 50 states and Canada, and throughout the world. Their team speaks over 12 languages, including Spanish, Arabic, Chinese, Russian, Serbian and Bulgarian.

Schedule a consultation with one of the experienced immigration lawyers at Herman Legal Group by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office.

Herman Legal Group’s Guide to H1B for Software Engineers

The H1B visa is a non-immigrant visa popularly and commonly used by employers or businesses that are based in the United States, who want to bring foreign individuals to work for them in specialty occupations.

These specialty occupations usually require a certain level of education such as a bachelor’s degree in a field directly related to the job position, as well as other criteria involving high skills and expertise. Which means that in order to qualify for the specialty occupation, applicants must meet the eligibility requirements imposed by the USCIS.

Luckily, software engineering is one of the specialty occupations; therefore, if you are a software engineering and you meet all of the eligibility requirements then you may apply for an H1B visa! Find out more details as you keep reading.

H1B Visa for Software Engineers Entry Requirements

Even though specialties like software engineering as well as software development are among the job titles that are most used by H1B visa applicants, that does not mean that they are spared from meeting certain eligibility requirements. In order to apply for a software engineering job vacancy in the U.S through an H1B visa, you must:

  • Have at least a bachelor’s degree that is relevant to that position. However, if you have over 12 years of experience in a related field, you may be able to meet this H-1B requirement without being a holder of a bachelor’s degree but it is not guaranteed.
  • Have an H1B visa sponsor. Meaning, an employer offering you this job vacancy and willing to sponsor you and pay for the H1B visa processing fees.
  • Your employer must submit a Labor Conditions Approval (LCA)
  • Your Employer must submit Form I-129.

Software Engineer H1B Sponsorship Data

YearApproval RateDenial Rate
201598.58%1.42%
201699.1%0.9%
201799.04%0.96%
201899.01%0.99%
201999.44%0.56%
202099.97%0.03%
202199.78%0.22%
202299.81%0.19%

Average prevailing wages for Software Engineer in the U.S

While average salaries can vary from an employer and a city to another, software engineers make decent earnings each year. According to Dice Salary Survey, the average income for software engineers is $110,989.

However, these salaries always are subject to increased compensation and variation in the form of bonuses and stocks. Take a look at the following data for an overall idea about the median salaries for H1B software engineers in the U.S!

Company NameAverage Median Salary for H1B Software Engineers
Google$141,000
Microsoft$139,000
Apple$120,307
Facebook$170,000
Lyft$177,225
IBM$114,659
Airbnb$182,611
Uber Technologies$141,346
Linkedin$139,748
Mitchell/Martin$131,935

Software Engineering main Employers and Cities

The most popular tech companies in the U.S use H-1B visa to fill software-engineering roles.

RankCityAverage Salary
1New York, NY$117,878
2San Francisco, CA$135,091
3Chicago, IL$97,564
4Sunnyvale, CA$132,485
5Seattle, WA$125,959
6Houston, TX$98,081
7Atlanta, GA$93,850
8San Jose, CA$126,621
9Austin, TX$102,682
10Mountain View, CA$141,767

H1B visa for Software Engineer Basic Processing Information

The regular processing time for an H1B visa varies between 1 to 6 months and it can take up to one year depending on the circumstances. As it also depends on the service center. The California and Nebraska Service Centers process H1B visas for an average of 2.5 to 4.5 months, while the Vermont Service Center takes much longer to process H1B visas.

For example during COVID-19 closures, the USCIS approved multiple H1B visa applications in the timeframe of 2 weeks. Within 90 days of being selected, the employers can then file their petitions at the USCIS for processing and pay the required filing fees and supporting documents. If the petition is approved, then the H-1B visa will be issued.

H1B Visa Fees

Luckily for applicants, most of the filing costs have to be paid for by the employer who is sponsoring them. Which is also one of the most important requirements of filing an H1b visa application.

The typical H1B processing fees include the following:

  • $460 I-129 Fee.
  • $500 anti fraud fee.
  • If the company has 25 or more employees: $1,500.
  • If the company has less than 25 employees: $750.
  • Optional Premium Processing: $2,500.

USCIS Memos concerning H-1B Visa for Software Engineers

The March 31 memo clarifies what had already been in practice—that entry-level computer programmers are not presumed to be eligible for H-1B visas and cancels a previous memo from December 2000.  Which means that the USCIS has more discretion in requiring additional proof that entry-level computer programming jobs qualify as a “specialty occupation”.

What the Memo Says?

Employers who want to sponsor H-1B applicants for entry-level computer programming job vacancies will go through a much more difficult times proving that the position indeed qualifies a specialty occupation.

The memo also indicates that someone with only an associate’s degree can in fact perform the duties of computer programmers, such as writing or testing code, which is generally not considered as an attribute that qualifies as a specialty occupation.

The memo specifically says that “an entry-level computer programmer position would not generally qualify as a position in a specialty occupation because the plain language of the statutory and regulatory definition of ‘specialty occupation’ requires in part that the proffered position have a minimum entry requirement of a U.S. bachelor’s or higher degree.”

If you have any question about the H-1B Visa for software engineers do not hesitate to contact Herman Legal Group. We will do our best to answer it as soon as possible.

Can I Get a Green Card By Marrying a Green Card Holder?

A green card holder is one with a lawful permanent residence status who has legitimately obtained the green card. There are different ways you can obtain permanent resident status in the U.S., including marrying a U.S. citizen or green card holder.

If you are married to someone with this status, you can also apply to obtain the card for permanent residents. If you already live in the United States, you can petition the United States Citizenship and Immigration Services to adjust status.

If you’re a U.S. immigrant spouse seeking to obtain the green card for permanent residents, whether you live in or outside the US, keep reading. We will answer this question in more detail and also answer related frequently asked questions concerning green card applicants and what green card holders stand to benefit.

Meanwhile, it is always a good idea to visit a good law firm and hire an experienced immigration attorney. With a good attorney-client relationship, you will have low chances of making mistakes during any of your green card applications.

Can You Get a Green Card By Marrying Another Green Card holder?

You can also apply for a green card if you’re married to a green card holder, provided you’re eligible. To get the status, your permanent resident spouse must file a Form I-130 with the USCIS on your behalf. This form proves that you are married and your partner is a lawful permanent resident or green card holder. Once filed, you’ll normally wait for one to six months before the petition is approved, after which you can move on to the next step.

Applying for a green card will require that you do an interview. The immigration officer will ask you all sorts of questions concerning your marriage, conducting free evaluation of sensitive or confidential information.

What Are the Implications of Marrying a Green Card Holder?

If you are married to a U.S. citizen or lawful permanent resident, you have the liberty to work and live anywhere in the U.S. After marriage, you can apply to become a green card holder yourself, which you’re eligible for after two years based on your priority date.

If you and your LPR spouse have decided to live permanently in the U.S., you’ll need to apply for a marriage green card. Obtaining a marriage green card involves three steps, the first being filling and submitting Form I-130 to establish your marriage relationship.

The second step is to apply for the green card by filing Form DS-260 or Form I-485 and setting a priority date. Once the USCIS receives and deems you eligible for the next stage, you’ll attend an interview – which is the final step.

How Long Does It Take to Get a Green Card After Marrying a Green Card Holder?

It can take up to fifty-six months to obtain a green card after marrying a green card holder. The timeline for getting a marriage green card varies. Such as, It takes less time if you have a U.S. citizen spouse; U.S. citizen spouses can get it in eleven months. However, this number depends on a few factors, including whether or not you live abroad or in the U.S. It typically takes longer to get a green card if you’re living in the U.S and are married to an LPR.

The first stage of establishing the marriage relationship can take between five and thirty months. The second stage, which is filling and filing Form I-485, can take fifteen to twenty-four months. The last stage, that is the green card interview and approval, can take one to two months or longer.

How Long Does a Green Card Holder Have to Stay Married?

Marriage is relatively the easiest route to obtaining a green card, and the USCIS is aware of this. As such the USCIS grants conditional permanent residence for two years, after which you can remove the conditions.

If you’ve been married two years before you attend the interview, the green card you get will be permanent. Meanwhile, you’ll need to provide evidence that you’ve been married and have lived together with your spouse for those two years.

How Do You Apply for a Green Card for Family Members?

The green card holder spouse has to petition the USCIS to have his family members brought to the U.S. as a permanent resident. These family members include spouses, unmarried children below twenty one, and unmarried children of any age. If your relative is already resident in the U.S., such can adjust status with Form I-485 once a visa number is available. However, if they live outside the States, the USCIS will forward your petition to the National Visa Center (NVC).

Then, the NVC will send your petition to the appropriate United States Citizenship and Immigration Services address or consulate for consular processing when there’s an immigrant visa number available. Then the NVC will send a notice to your spouse, which will include the next steps to take.

Can You Work in the U.S. If You Marry a Green Card Holder?

You can work in the U.S. if you marry a green card holder, but you don’t necessarily secure a work permit immediately. As a spouse to an LPR, you’re under the preference categories and are subject to annual limits of green cards issued.

Due to high demands, you may need to wait a long time before you’re eligible to apply for employment authorization. Sometimes, you don’t have to wait; most of the time, you do – for at least four to five years.

To see the priority dates, you can visit the State Department’s Visa Bulletin and check category F2A on the family-based chart. If you see only the letter “C,” it means there is no wait and you can apply and complete the immigration process quickly.

What Are the Steps for Applying for a Green Card While Being Married to a Green Card Holder?

First, you need to pay legal fees, including government fees and medical examination fees. Then, start the green card process by filling and submitting Form I-130 to establish your valid marriage.

You’ll submit the form with government agency fees and supporting documents, including a marriage certificate; the USCIS will then issue an official receipt notice. If the USCIS doesn’t need more documents from you, you’ll move on to filing Form I-485, Adjustment of Status.

One month after the USCIS receives your Form I-485, you’ll be invited for a biometrics appointment at your local USCIS office where you are to go with a passport photo page. The USCIS will take your photographs and fingerprints for background and security checks, including a zip code start test. After this, you’ll be invited for an interview; if the interviewing officer is satisfied, he can approve the application immediately.

Note that the interview can be done in-person at the appropriate USCIS address or via the use of other automated technology depending on the state of the spouse seeking such application from the requisite state department. Virtual interviews are only scheduled when there is a manifest reason why the person to be interviewed cannot show up in-person for their interview due to reasons like a medical condition.

Can a Spouse of a Permanent Resident Adjust Status in the U.S.?

Spouses of permanent residents cannot apply for adjustment of status, even if they entered the U.S. legally. Adjusting status is only available to spouses of U.S. citizens or green card holders who have obtained citizenship.

For those with green cards, they must have provided the necessary documentation which includes a birth certificate and any other documents needed for the green card application process. With this, the Citizenship and Immigration Services USCIS will run a background zip code search, review message and data rates, and check everything that constitutes acceptance. If there are pre-recorded messages from the spouse seeking a preference category, it can also be tendered.

Conclusion

Spouses of permanent residents cannot apply for adjustment of status, even if they entered the U.S. legally. Adjusting status is only available to spouses of U.S. citizens or green card holders who have obtained citizenship.

For those with green cards, they must have provided the necessary documentation which includes a birth certificate and any other documents needed for the green card application process. With this, the Citizenship and Immigration Services USCIS will run a background zip code search, review message and data rates, and check everything that constitutes acceptance. If there are pre-recorded messages from the spouse seeking a preference category, it can also be tendered.

Work With Herman Legal Group

We understand that getting a green card after marriage can be a daunting task, especially with how strict the state department can be. However, from our many years of experience, we understand that this process can be simplified when you work with an experienced immigration lawyer. Herman Legal Group is known to have the best immigration lawyers in the United States who can help you with your green card application. To get started, you will need to schedule a consultation with any of our experienced immigration attorneys by calling +1-216-696-6170 or book online to schedule a consultation with Richard Herman.

Expert Legal Help At Herman Legal Group, LLC

24/7 Support, Just A Call Away!