How to File an H1B Visa

The H1B visa is for workers coming into the United States who have skills and are considered "specialty" workers. To qualify, the foreign worker must have a college degree from a four year institution or the equivalent in experience or education. The sought-after job must also require a job a four year college degree. Here's some information to help you file for an H1B visa.

Instructions

Difficulty: Moderate

1. Obtain an application. Potential employers of foreign workers must obtain an application called a Labor Condition Application (LCA). The Department of Labor (DOL) must go through a process to certify the LCA before the petition for an H1B Visa petition can be filed.
2. Determine the correct wage. The potential US employer must determine both the standard or prevailing wage and the actual wage for the specialty occupation at issue since the US employer is required to pay whichever one is higher. The standard wage is usually determined by looking at the skills, responsibilities and experience needed for the job, while the actual wage is determined by comparing the wages of workers in similar situations.
3. Submit the form. By providing all necessary information and signing the LCA form, the employer agrees to pay the foreign worker the higher wage and represents that the employment of the foreign worker will not hurt the conditions of the other workers in that workplace.
4. Mail the LCA. After completing the required information, the LCA form should then be mailed or faxed to the DOL. A certified copy will eventually be returned to the employer.
5. Give notice. The employer must post notice of the H1B visa filing in two conspicuous places for ten days at their place of business days. If union employees are involved, the employer must also provide notice of the H1B filing to the union representative.
6. File the petition. After the DOL accepts the LCA, then the H1B petition is ready to be filed. If you are filing from out of the country, you can apply for your H1B visa at the US Consulate in your area. Any necessary supporting documents, like school transcripts,the LCA itself, a letter from your prospective employer or proof of necessary licensing should also be attached to your application.

Tips & Warnings

• Filing for a H1B visa can be complicated. You should consult with an experienced immigration attorney if you have any questions regarding the process.