The H-1B Application Process

Understanding The H-1B Application Process

A. Regular H-1B Filing:

  1. Hire us as your attorney: Sign a retainer agreement so that we can be your representative through the entire H-1B visa process.
  2. Ask your sponsoring employer to file the Labor Condition Application (LCA) with the U.S. Department of Labor verifying that the employer will pay the H-1B applicant the average market salary for the type of specialized work. We as your lawyers will provide written instructions to your employer.
  3. Once the LCA is approved, the Department of Labor will return a certified copy to the employer.
  4. The employer must post notices at two conspicuous places at their business of the H-1B position for 10 days or provide notice of the filing to the collective bargaining representative for their employees.
  5. On April 1st, we will file the H-1B visa petition with an USCIS service office along with the supporting documents: forms, fee receipts, document proofs, education and experience documents, license for the field of work, professional memberships, resume, etc.
  6. Wait for the petition to be processed by the USCIS. It usually takes two-to-five months time. If you pay an additional fee to USCIS, your application will be adjudicated within 15 days. This expedited service is called premium processing. – Link to premium processing page.
  7. USCIS mails the employer a receipt of the H-1B petition. There is a nine-digit reference number in this mail that can track processing time and general information about the petitioner and foreign worker. The employer should give notice to us upon receipt of this mail.
  8. Finally, USCIS approves the petition and mails an approval notice (Form I-797) to the petitioner.
  9. Depending on your status, you can adjust to H-1B status at the US consulate from your own country or you can adjust at a USCIS office here in the United States.

B. Expedited H-1B Filing:

The USCIS provides an option for a 15-calendar day premium processing. There is an additional $1,225 filing fee paid to the USCIS for this method.

To request for premium processing service, the petitioner needs to complete and sign Form I-907. Attach a separate remittance of $1,225. This form may be filed together with petitioner’s I-129 with the USCIS or filed after I-129 is petitioned.

Use our contact form to schedule an appointment and provide us more information.

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