The process for obtaining an H-1B visa for a foreign employee involves several steps.
First, the sponsoring employer must file a Labor Condition Application (LCA) with the Department of Labor. This application requires the employer to attest to various conditions, including that it will pay the H-1B employee the prevailing wage for the position and that it will not displace a U.S. worker with the H-1B employee.
Once the LCA is approved, the employer can file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS). This petition must include several forms, including Form I-129 and Form ETA 9035E (the LCA), as well as supporting documentation such as proof of the employee's qualifications and education.
If the H-1B petition is approved, the employee can apply for an H-1B visa at a U.S. embassy or consulate abroad. The employee will need to provide proof of their qualifications and education, as well as proof of their ties to their home country to show that they intend to return home after their visa expires.
It is important to note that the H-1B visa program is subject to annual caps on the number of visas that can be issued each year, and that certain employers (such as nonprofit organizations) may be exempt from some of the requirements of the program. Additionally, there have been recent changes to the program regarding wage requirements and the definition of "specialty occupation," which may impact the application process.
If an employer encounters difficulties in the H-1B application process, it may be advisable to consult with an experienced immigration attorney.
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