To obtain an H-1B visa as an employer, the following process must be followed:
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The employer must first file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). This application ensures that the employer will pay the H-1B worker at least the prevailing wage for the job and provide working conditions that are not less favorable than those of similarly employed workers in the area.
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After the LCA is certified, the employer must file Form I-129, Petition for Nonimmigrant Worker, with United States Citizenship and Immigration Services (USCIS). This form requires the employer to provide detailed information about the H-1B job, including the job duties, qualifications, and duration of employment.
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USCIS will then review the petition and make a decision on whether to approve or deny it. If approved, the H-1B worker can then apply for a visa at a U.S. embassy or consulate abroad.
It is important to note that there are a limited number of H-1B visas available each year, and USCIS often receives more petitions than there are available visas. As a result, the process can be highly competitive and may require the assistance of an experienced immigration attorney.
Additionally, some employers may be subject to additional requirements or restrictions, such as the requirement to file an H-1B cap-subject petition during a specified filing period. Consulting with an immigration attorney can help employers navigate these complexities and ensure that they are in compliance with all applicable laws and regulations.
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