H-1B Visa Application Process

The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations. The process for obtaining an H-1B visa involves several steps.

Step 1: Find a Job Offer

To obtain an H-1B visa, an individual must first find a U.S. employer who is willing to sponsor them. The employer must offer the foreign national a job in a specialty occupation. A specialty occupation is one that requires a minimum of a bachelor’s degree in a specific field of study. The employer must also attest to the fact that they will pay the foreign worker the prevailing wage for that job.

Step 2: File a Labor Condition Application (LCA)

Before filing a petition with U.S. Citizenship and Immigration Services (USCIS), the employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). The LCA requires the employer to attest to several items, including the wages and working conditions of the H-1B employee. The DOL will certify the LCA if it meets regulatory standards.

Step 3: File a Petition with USCIS

Once the LCA is certified, the employer may file a petition with USCIS. The petition must include several documents, including the certified LCA, proof that the foreign national meets the minimum education requirements for the position, and proof that the employer has the ability to pay the prevailing wage for that job.

Step 4: Wait for USCIS Approval

USCIS will review the petition and either approve or deny it. If approved, USCIS will issue an approval notice, allowing the foreign national to begin working for the employer on the start date of the H-1B visa. If denied, USCIS will provide a notice of denial along with an explanation for the decision.

Limitations and Exceptions

There are several limitations and exceptions to the H-1B visa process. The number of H-1B visas is limited to 65,000 per fiscal year, with an additional 20,000 for individuals with advanced degrees from U.S. universities. Additionally, certain employers are exempt from the H-1B cap, including institutions of higher education and certain non-profit organizations.

Further Action

If a petition is denied, the employer may choose to appeal the decision or file a new petition in the future. In some cases, it may be beneficial to seek the advice of an immigration attorney to discuss options for further action. It is important to note that any action taken should be in compliance with current immigration laws and regulations.