The H-1B visa program is highly sought after by international professionals seeking employment in the United States. The process begins with the H-1B Registration Lottery, where applicants are randomly selected for further processing.
Various procedures are involved in obtaining an H-1B visa for an employee, which entails coordination with the Departments of State, Labor, and Immigration in the United States. Here’s a concise guide for employers interested in filing H-1B visas after the selection process is completed.
Understanding the H-1B Petition Process
Once an employee is selected in the H-1B lottery, the employer has a designated window to file a formal petition with U.S. Citizenship and Immigration Services (USCIS).
Steps for H-1B Petition Filing
Labor Condition Application (LCA):
The labor condition application is the second step in the H-1B visa application process. Form ETA-9035 must be completed and electronically submitted to the Department of Labor. This is necessary to ensure fair treatment of the foreign beneficiary and to confirm that hiring them won’t adversely affect the American labor market. It’s important to note that the Department of Labor will not approve the application in the event of labor disputes or strikes at the workplace.
Petition Process:
For this step, several forms and documents must be completed, assembled, and mailed to USCIS. The appropriate USCIS Service Center will vary depending on the employer’s location. Legal assistance from an immigration attorney can be invaluable in navigating the petition procedure. Form I-129 is the initial requirement for the petition, which solicits details regarding the petitioner, beneficiary, and position.
Fees and Forms:
There are associated fees for filing the LCA and H-1B petitions. Please contact us for detailed information on these fees.
Additional Tips for a Smooth Application:
- Early Start: Begin gathering documents and collaborating with your employer well before the filing deadline to avoid a last-minute rush.
- Legal Counsel: Consider consulting an immigration attorney to ensure a robust and error-free petition.
- Stay Updated: USCIS regulations are subject to change, so stay informed about the latest updates.
Your application may be accepted, denied, or require further information from USCIS. Under premium processing, you should receive a response within 15 days, assuming USCIS does not request additional evidence. If your petition is accepted, you will receive Form I-797. At this point, the beneficiary should schedule an appointment with the US consulate in their area. If they have already entered the US and filed as a “Change of Status,” their status will automatically change to H-1B.
Conclusion:
Please note that this is a general overview of the procedure. The requirements for an H-1B visa are stringent, and the application process can be time-consuming and complex. Even minor errors or oversights could result in visa denial. Employers are advised to consult with an immigration attorney to ensure a successful application.