Process for H-1B Visa Text Size:

The process of obtaining an H-1B visa involves four distinct steps and takes a minimum of three months but may take as long as six months. The steps are:

1. Wage determination
2. Labor condition application
3. Petition for H visa status
4. Application for visa

Wage Determination

An employer must determine the prevailing wage for the position. The employer may:

• Request the State Workforce Agency to provide a prevailing wage determination
• Use an industry-standard survey or other published wage source
• Use any other valid source of prevailing wage information for the occupation in the area in which the employee will work

Labor Condition Application

The applicant, which is the employer, must file a Labor Certification Application (LCA) with the Department of Labor, certifying that it's paying the same wage to the H-1B worker as it would be paying to a US citizen.

In order for the wage to be certified, the wage paid to the employee must be the higher of:

• The actual wage paid by the employer for employees of similar experience and qualifications for that occupation
• The prevailing wage for the employee's occupation in the geographic area

An employer may choose to pay more than the required amount.

Petition for H Visa Status

Once the LCA has been approved, the next step in the visa application process is for the prospective employer to file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS).

Prospective employers should file the petition as soon as possible, but not more than six months before the proposed employment will begin, to provide enough time for petition and visa processing. The petition must be approved by USCIS before the prospective employee can apply for a visa at a US Embassy or Consulate abroad.

When the petition is approved, the employer is sent a notification of petition approval.

Apply for Visa

After a petition is approved, an application for an H-1B visa is generally submitted to a US Embassy or Consulate in the applicant's country of permanent residence.

As part of the visa application process, an interview at the embassy consular section is required for almost all visa applicants. The waiting time for an interview appointment for applicants can vary, so early visa application is a good idea. A visa applicant needs to have the receipt number from the approved Form I-129 petition when scheduling the interview appointment.

During the interview, the consular officer uses the receipt number to verify the Form I-129 petition approval. Also, a digital fingerprint scan and a digital photo are taken during the interview.

Generally the following are required for an H-1B visa:

• An application, Nonimmigrant Visa Application, Form DS-156, completed and signed
• A passport valid for travel to the US with a validity date of at least six months beyond the applicant's intended period of stay in the US unless country-specific agreements provide exemptions
• A 2" x 2" photograph

A Supplemental Nonimmigrant Visa Application, Form DS-157, may be required. This form provides additional information about travel plans.

Questions for Your Attorney

• What type of information is required on a Labor Certification Application?
• What happens during the H-1B visa interview?
• When is a Supplemental Nonimmigrant Visa Application, Form DS-157 required?

Related Resources on Lawyers.com^sm

Related Web Links