Step One:
Obtaining Prevailing Wage Determination:
You must obtain a prevailing wage determination from an acceptable wage survey source or the local employment office that has jurisdiction over your geographical area of employment. After obtaining the prevailing wage for the offered position you must file an online LCA with Department of Labor.
Applying to the U.S. Department of Labor:
An LCA is an application to the U.S. Department of Labor ("DOL"), whereby an employer assures the DOL that hiring a foreign worker would not be detrimental to similarly situated U.S. workers. If certified, the LCA will then be submitted to U.S. Citizenship and Immigration Services along with the petition for H-1B classification.
Step Two:
Filing with the U.S. Citizenship and Immigration Services ("USCIS"):
Filing with the USCIS entails submitting proof of your qualifications and proof that the offered job conforms to the criteria set in place. Additionally, you must submit certain forms describing the job and providing certain basic information about the foreign worker and the employer. Below, please find a list of forms and documents that must be included in the petition:
1. Signed and completed Form I-907 (if case filed under premium processing);
2. Signed and completed Form G-28;
3. Signed and completed Forms I-129, Supplement H, and I-129 H-1B Data Collection Supplement;
4. Signed and certified Labor Condition Application;
5. Copy of foreign worker’s latest I-94;
6. If foreign worker on F-1 status, copy of I-20 and evidence of employment authorization, if applicable;
7. If foreign worker on H or L status, copies of current and all prior H/L approval notices and current evidence of earnings (such as latest 3 pay stubs), if applicable;
8. If foreign worker on J-1 status, copies of IAP-66 and evidence of J-1 waiver or request for waiver;
9. Letter from the employer in support of the H-1 petition; and
10. Evidence of foreign worker’s qualifications (such as education evaluation, degree certificates, transcripts, experience letters and resume).
This is the last step in the H-1B classification process. On certain occasions USCIS may require further documentation to prove various elements of H-1B classification.
Obtaining Prevailing Wage Determination:
You must obtain a prevailing wage determination from an acceptable wage survey source or the local employment office that has jurisdiction over your geographical area of employment. After obtaining the prevailing wage for the offered position you must file an online LCA with Department of Labor.
Applying to the U.S. Department of Labor:
An LCA is an application to the U.S. Department of Labor ("DOL"), whereby an employer assures the DOL that hiring a foreign worker would not be detrimental to similarly situated U.S. workers. If certified, the LCA will then be submitted to U.S. Citizenship and Immigration Services along with the petition for H-1B classification.
Step Two:
Filing with the U.S. Citizenship and Immigration Services ("USCIS"):
Filing with the USCIS entails submitting proof of your qualifications and proof that the offered job conforms to the criteria set in place. Additionally, you must submit certain forms describing the job and providing certain basic information about the foreign worker and the employer. Below, please find a list of forms and documents that must be included in the petition:
1. Signed and completed Form I-907 (if case filed under premium processing);
2. Signed and completed Form G-28;
3. Signed and completed Forms I-129, Supplement H, and I-129 H-1B Data Collection Supplement;
4. Signed and certified Labor Condition Application;
5. Copy of foreign worker’s latest I-94;
6. If foreign worker on F-1 status, copy of I-20 and evidence of employment authorization, if applicable;
7. If foreign worker on H or L status, copies of current and all prior H/L approval notices and current evidence of earnings (such as latest 3 pay stubs), if applicable;
8. If foreign worker on J-1 status, copies of IAP-66 and evidence of J-1 waiver or request for waiver;
9. Letter from the employer in support of the H-1 petition; and
10. Evidence of foreign worker’s qualifications (such as education evaluation, degree certificates, transcripts, experience letters and resume).
This is the last step in the H-1B classification process. On certain occasions USCIS may require further documentation to prove various elements of H-1B classification.