The process for obtaining an H-1B visa can vary, depending on the applicant and the job offer.
Step 1: Obtaining a PERM Labor Certification
To begin the process, the sponsoring employer must obtain a PERM certification from 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 or lower standard wages. 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.
The basis of this step is the I-129 form, Petition for a Nonimmigrant Worker, which is filed with the United States Citizenship and Immigration Services (USCIS). Along with the petition, you must submit the employer’s labor certification and any necessary attachments and 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 some of these steps sound vague or incomplete, this is because the requirements can vary for each applicant, based on the details of the job, the applicant’s background and other factors.
To learn more about how the process applies to your situation, contact an H-1B work visa lawyer from Buhler Thomas Law, P.C. today. We are based in the Salt Lake City, Utah, area, but we can assist you no matter where you are in the world.