Specific Steps to the H-1B Visa process

The H-1B visa is a US non-immigrant visa available to foreign nationals in specialty occupations which demand a bachelor's degree. Compared to the other non-immigrant categories, the process of applying for an H-1B visa is extremely complicated. There are a lot of steps and the whole procedures takes approximately 6 months.

This document provides only a brief overview of the H-1B visa processing. Therefore, if you have a specific question or require further explanation of each step please contact us (or call us at 1800 258 1036) for a more thorough answer.

In General, an H-1B Visa Process Step Includes:

1. The candidate must, first, find a job with a U.S. H-1B visa employer (called "sponsor").
2. The sponsor files H-1B visa application with the US Immigration Bureau.
3. The immigration bureau approves the H-1B visa request.
4. The applicant is eligible to work in the USA for his/her new
   employer.

Our services for your H-1B processing

1. Collection of information and documentation: See our H-1B Document Requirement List page. There, we list some specific items of information and documentation we need from the foreign worker and their employer in order to H-1B visa processing.

If Spouse and Children are living in the USA at the time we file for the foreign worker's H-1B visa: some items listed are needed in order to process their H-4 visas. If Spouse and Children are outside the country when we file the H-1B, there is no paperwork for us to file here in the U.S. Spouse and Children must appear at a U.S. Embassy to apply for an H-4 Visa.

2. Prevailing Wage Determination and Labor Condition Application (LCA) - Approximately 2 - 4 Weeks: As soon as the prospective employer suspects they will be hiring a new foreign worker, or need to extend an H-1B visa, the completion of the Prevailing Wage Determination and Labor Condition Application can begin. Depending on the state, and occupation, obtaining the Prevailing Wage Determination varies in difficulty and time involved (from a few days to 2 weeks or more).

In order to begin the Prevailing Wage Determination and the Labor Condition Application, we will require information such as employer's name and address, name of profession, job title and requirements (educational & experience) for the job, salary to be paid, the physical address where the foreign worker will actually perform the job, and type of setting where job will be performed once the Prevailing Wage Determination is obtained.

3. The ETA 9035 - LCA can be completed and posted at the work site (to be left up for 10 consecutive business days in two conspicuous places). Once the LCA (or a notice of the filing) has been posted, we can then file the LCA with the DOL. Within 3 - 7 business days, the approved (certified) copy of this form will arrive in our office. We will fax a copy of the filed form to the employer, along with instructions about giving a copy of the LCA to the (prospective) employee.

4. As soon as we receive all the information/documentation from the foreign worker and the employer, and while we wait for the approved LCA, the paperwork for the petition can begin. When the all information has been transferred onto the USCIS forms, authorized signatures are obtained. When all forms are signed and the certified LCA arrives, all is packaged and sent to USCIS.

5. Credentials Evaluation (education and/or work experience):

• If an education credentials evaluation was not obtained as a part of a licensure requirement (as is the case in most healthcare professions), many times, the USCIS requires that an evaluation of the foreign workers credentials be performed and added as supporting documentation to the visa application. This evaluation is done to make sure that the foreign worker's degree is equivalent to a U.S. degree. If an evaluation has not already been completed, we must have good, readable copies of the foreign worker's degree certificate(s), transcripts or mark sheets, any professional development course certificates and translations of any documents that are not in English.
• We coordinate with professional evaluation agencies. The more information provided to us, such as the documents listed above, the faster the education evaluation can be coordinated by our office and performed by the evaluation agency. Usually the cost for an education evaluation is approximately $200.00, however in some cases it may cost more.
• The evaluation process usually takes approximately 2 weeks to complete and is customarily performed at the same time that the Department of Labor is processing the LCA. Therefore, the credentialing process normally does not delay a file.