What is the process?

These are the steps to receive an H1-B visa.

SKIP TO:

Step 1 – Employer verifies FEIN
Step 2 – Employer submits an LCA
Step 3 – Employer submits Form I-129
Step 4 – Employee applies for a visa

1. Employer verifies FEIN

If this is the first time the employer is filing a Labor Condition Application (LCA) the LCA will not be certified unless the Federal Employment Identification Number (FEIN) can be verified by the Office of Foreign Labor Certification (OFLC), a division of the DOL. If the employer tries to submit the LCA it will flag the FEIN entry as an error, because of non-verification. The employer will then need to send documents verifying the FEIN identification. We recommend getting your FEIN verified way ahead of the H1-B filing cap season. An employer can apply for FEIN verification at any time. It usually takes between 5-6 business days, but during the H1-B filing cap season it can take longer due to the backlogging of DOL/OFLC with FEIN verification requests.

2. Employer submits an LCA

The second step is the employer filing the Labor Condition Application (LCA) with the US department of Labor. The employer needs to file an ETA form 9035 / 9035E online using the iCERT Portal System. The LCA contains the details of the offered position. It usually takes 7 business days to file the LCA. We recommend the employer start the filing process by the first week of March. The employer must notify his US workers of intent to hire a foreign worker.

By signing and submitting the application the employer confirms that: the wage he is offering to the H-1B holder is at least equal to the wage offered to similarly qualified employees; the employment of the H-1B holder will not affect the wages or working conditions of workers employed in a similar role; the employer will let his employees know that the LCA is being filed; and there must be no strike or work stoppage at the time the application is signed.

3. Employer submits Form I-129

After the LCA is approved, the employer files a Form I-129 (Petition for a nonimmigrant worker) to the USCIS requesting H1-B classification. This document must be accompanied by a copy of the approved LCA, supporting documents and fees.

4. Employee applies for a visa

Once the Form I-129 is approved, the foreign worker who is outside the U.S can apply for a visa using the approved Form I-129 and supporting documents. United States Citizenship and Immigration Services (USCIS) verifies and assigns the appropriate visa classification; in this case it would be H-1B status.