The process for obtaining an H-1B visa can vary, depending on the applicant and the job offer.
Step 1: Obtaining a Labor Certification
To begin the process, the sponsoring employer must obtain a labor certification from the U.S. Department of Labor.
To obtain the certification, the employer must provide evidence that hiring a non-citizen for the job in question will not have any negative effect on the local labor market and that the area’s prevailing wage will be paid. The employer must also provide evidence that no jobs will be taken away from American workers.
Step 2: Filing the H-1B Visa Petition
Once the employer receives labor certification, the next step is petitioning for approval to obtain a work visa.
This is accomplished by filing a Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). Along with the petition, the employer’s labor certification is submitted and any necessary attachments or documentation, based on the specifics of the job and the applicant’s qualifications.
Step 3: Obtaining the Visa
Once the petition is approved, the applicant officially applies for the H-1B visa through either the U.S. State Department, a nearby U.S. Embassy, or a U.S. Consulate. This requires providing petition approval and, in most cases, other documents as necessary.
If any of these steps sound vague or incomplete, this is because the requirements may vary for each applicant, based on the details of the job, the applicant’s background, and other factors.
To learn more about how the H-1B process applies to your situation, contact Buhler Thomas Law, P.C. today. We are based in Provo, Utah, but we can assist you no matter where you are in the world.
