How to File for an H1 Visa for an Employee
Under the Immigration and Nationality Act, employers may hire a limited number of nonimmigrant specialty workers or accomplished fashion models for employment in the United States. These workers are granted permission to work in the United States by obtaining H-1B visas. As of 2011, up to 65,000 new H-1B visas could be issued to workers with at least a bachelor’s degree. Another 20,000 visas were allowed for workers who have at least a master’s degree from a U.S. college or university. Filing for an H-1B visa occurs in two phases. The employer must first obtain approval to hire worker(s) under the H-1B program. Workers then must file their visa applications individually.
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Instructions
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Employer Actions
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1
Provide notice of your intent as an employer to hire nonimmigrant alien workers to the bargaining representative at the locations where the workers will be employed. This notice must include the number of workers, their occupations and how long they will be employed. You must also state the salaries the H-1B workers will be paid. This notice must be provided not more than 30 days prior to filing for approval with the Department of Labor. If there is no bargaining representative, post a notice at the worksite or notify the employees electronically.
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2
Complete a Labor Condition Application (LCA). On the LCA you must state the salary a nonimmigrant worker will be paid. The salary must be the same as that paid to comparable employees or the prevailing wage in your area, whichever is higher. Nonimmigrant workers must receive the same benefits as other employees. File the LCA with the Department of Labor.
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Contact the U.S. Citizenship and Immigration Service once you receive approval of your LCA from the Department of Labor. Obtain and complete USCIS Form I-129 (Petition for a Nonimmigrant Worker). Send a notarized copy of the I-129 form and a copy of the LCA to the worker. She will need these documents to make the actual H-1B visa application.
Worker Actions
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4
Obtain the documentation required to file for your H-1B visa. You need proof of your educational qualifications, such as your college diploma or transcript. In addition, be prepared to show evidence of strong ties to your home country, such as bank accounts, land deeds or other property titles. You will have to provide two passport-size photographs not more than six months old. Once your U.S. employer sends you copies of the I-129 and LCA forms, add them to your documentation package.
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5
Request a blank Form DS-156 (Application for Nonimmigrant Visa) and a blank Form DS-157 (Supplemental Nonimmigrant Visa Application) from the U.S. Consulate in your area. While you are at it, make an appointment for an interview at the consulate (this is required).
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Arrange to pay the application fee for the H-1B visa. The fee as of 2011 was $150. Payment must be made through a financial institution approved by the U.S. Consulate.
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Go to your appointment at the U.S. Consulate. Bring your documentation and completed Form DS-156 and Form DS-157 with you and submit them. The U.S. Consulate will issue your visa once your application is processed.
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