H-1B Visa Process

Once the USCIS approves the H-1B petition filed by the employer, the foreign worker can then get the H-1B Visa stamped at a U.S. embassy abroad or change status if he/she is already present in the U.S. The H-1B visa is granted for an initial 3 years period unless listed as a Chile or Singapore national. There are additional H-1B Visa requirements that must be followed by both petitioner (employer) and beneficiary (employee).

The H-1B visa process involves two major factors: the sponsorship by a U.S. employer and petitioning with the USCIS. The applicant must have a U.S. employer to start the process. When the potential H-1B holder finds a U.S. employer who is eligible and willing to file an H-1B visa on his/her behalf, the employer must receive a labor certification application and submit an H-1B petition to the USCIS.

• If the petitioner is obtaining attorney representation or H-1B lawyer, the petitioner must file a G-28 form. The G-28 should have all sections of the form completed. This entails a signature and printed name of the attorney and the signature of the petitioner.
• The U.S. employer is required to submit Form ETA-9035 (Labor Condition Application). The Labor Condition Application is mandated to be filed online through the Department of State’s iCert Portal System.
• The employer must have received an approval of the Labor Condition Application before filing the I-129 form. After approval, the employer is obligated to file a Form I-129 (Petition for a Nonimmigrant Worker), filing fee, supplementary documentation, and the approved Labor Certification Application.
• The I-129 must have a completed H Classification supplement which is located on pages 11 and 12 of the form.
• The petitioner is required to ensure proper completion of the H-1B Data Collection and Filing Fee Supplement. H-1B Data Collection and Filing Fee Supplement is on pages 17-19 on the Form I-129.
• If the petitioner wishes to request for Premium Processing, form I-907 must be completed. Premium processing requires a $1,440 filing fee in a separate check/money order, an I-129 receipt, and Form I-907. The I-907 is a Request for Premium Processing Service. This is filed after submitting form I-129.

H-1B Visa Requirements:

• Position Requirements
  • The job offered must be filed as a “specialty occupation.” A specialty occupation orders for a bachelor’s degree or an advanced level of education certification. There are distinct positions that may not mandate a bachelor’s degree due to the complexity or particular listed duties. However, most positions categorized under ‘professional’ require a bachelor’s degree.
  • Examples of qualified positions: engineers, professors, researchers, medical, accountants, attorneys, and architects. Click here for more details on position requirements
• Education Requirements
  • The bachelor’s or advanced degree must originate from an accredited university or college. The degree is required to relate to the H-1B specialty position. If the degree was obtained outside the United States, it must be equivalent to an available U.S. degree.
  • Work experience is not a pre-requisite if holding a bachelor’s degree. Education requirements may be substituted with at work experience. The general rule for the amount of accepted work experience: 1 year required of University = 3 years of work experience. Click here for more details on applicant’s education/experience requirements
• Department of Labor and USCIS Requirements

The H-1B visa requirements also entail the employer to submit an I-129 form to the USCIS once the DOL certifies the LCA.