How does the application process work?

The application for the H-1B visa is handled by the American employer, who is referred to as the "petitioner". The foreign applicant is referred to as the "beneficiary".

The entire application process consists of three consecutive steps:

1. Labor Condition Application (LCA)

The first step is to file a Labor Condition Application with the US Department of Labor. This will contain information about wage, working conditions and the situation of workers similarly employed. This means, for smaller companies with a smaller workforce, e.g. for newly established companies, H-1B workers may not be a viable option (depending on the companies situation). In addition, for a period of ten days, employers have to post the job offer at a conspicuous place at their place of business. This must be confirmed and signed by someone within the company. If the job offer is found to be acceptable, the Department of Labor will approve the LCA.

This process is not to be confused with the "Labor Certification" process (H-2B visa). For an H-1B visa, the Department of Labor only checks the conditions of the position offered, the employer does not have to prove that local talent for the position was not available.

 

2. Petition filed with the appropriate US Citizenship and Immigration Services office

The second step is to file an H-1B petition with the appropriate USCIS service center. This is the U.S. employers official request for the permission to employ a foreign person.

In addition to the required form I-129 and the usual fees, extensive documentation concerning the position, the foreign worker and the US employer have to be submitted along with the petition.

It is possible to speed up the process and have the petition reviewed by the USCIS within 15 days, at the end of which the employer will receive a first reaction to the petition, which is, however, not a final confirmation. This so-called premium processing costs an extra US$ 1000.

 

3. Application filed with the consulate

Once the USCIS has issued a notice of approval (form I-797), the last step (usually) is to apply for the actual H-1B visa at the appropriate U.S. consulate in the applicants home country.