H1B Visa Application Process – Regular method
* in the current H1B market, most companies now use the ‘Premium’ Processing method
H1B visa applications can be filed by the employer / sponsor company using either the ‘Regular Service’ OR the ‘Premium Processing Service’.
H1B Visa – ‘Regular’ Application Process:
1. Offer & Acceptance of Employment – Employer files a petition on your behalf.
An employer can be an individual, partnership or corporation. Applications are “job specific.” If your situation changes (for example, you lose your job or change locations), your new employer must file a new H1B visa petition. The visa is only valid for work with the employer that filed the original petition. The USCIS requires employment letters which provide:
” Specific information addressing the positions held
” The exact duties of the position
” The exact dates of employment
” Information regarding the supervisors and co-workers of the beneficiary.
2. The ‘Prevailing Wage’ and actual wage must be determined and compared. The employer is required to pay the higher of the two.
The prevailing wage is determined by the State Employment Security Agency by completing a special form, which asks the employer for the responsibilities, skills and experience needed for the job. The actual wage is determined by comparing other workers in the same positions with the same level of experience.
3. File the Labor Certification Application (LCA).
This is a two-page form that contains information about the employer. By completing and signing the form, the employer is agreeing to pay the higher of the two wages, that the employment of this individual will not adversely affect the conditions of other workers and that there is no strike for their occupation at the workplace. Recently, Congress determined
that employers must attest that they will offer H1B visa holders the same benefits as their other workers. This includes health, life, medical, retirement, stock options and bonuses.
Use the following:
Mail or Fax – Use Form ETA 9035
Or
Online Application – Use Form ETA 9035E
Fax # 1-800-397-0478
Mailing Address: ETA Application Processing Center, P. O. Box 13640, Philadelphia, PA19101.
4. When the LCA is approved, the Department of Labor (DOL) will return a certified copy to the employer.
5. The employer must post notices at two conspicuous places at their business of the H1B visa filing for 10 days or provide notice of the filing to the collective bargaining representative for their employees.
The LCA form can be used for the actual posting as well. After the Department of Labor accepts the LCA, then your employer can file your H1B visa petition. BCIS Form I-129
6. H1B Petition assembled & filed with appropriate BCIS Service office.
The filing must include the required forms, fees, documents and information; form I-129, education & experience evaluation & documents, training certificates, professional memberships, resume, employment agreement and letter of support.
7. Wait for the petition to be processed.
Processing times vary depending upon service center and the visa. It could be up to a three – to four-month wait. If the employer can show a substantial need for the employee, USCIS might approve the petition sooner. Employment cannot begin, however, until INS has issued the appropriate visa.
8. Receipt issued by USCIS
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