
H-1B visas require a sponsoring company in the U.S.
From Perrin's interview for the Masters of Immigration Law series on ReelLawyers.com
The H-1B employer must:
- Make a job offer for a specialty occupation, defined as a position where the normal minimum requirement for the job is at least a Bachelor's degree or its equivalent in a certain field.
- Obtain an approved Labor Condition Application (LCA) from the U.S. Department of Labor, consisting of:
- Required wage attestation
- Working conditions attestation
- No strike or lockout attestation
- Notice attestation
- Take additional steps if H-1B dependent (more than 15% of the U.S. workforce holds H-1B status); and
- Maintain LCA public access files
The foreign national wishing to acquire H-1B status must:
Hold at least a Bachelor's degree or equivalent in the required specific field
Establish maintenance of authorized status since the last entry to the U.S. (for a change of employer, extension of status or change of status request)
At a glance: Process and timing for H-1B petition
Who | Step | Typical Timeframe | Note |
---|---|---|---|
Employer |
Authorizes WSM to start H-1B process. | ||
WSM | Sends online questionnaires and list of needed docs to employer and employee. | Within 1 business day | |
Employee / Employer | Completes questionnaires and provides documents to WSM. | Within 3 days | WSM may provide earlier deadline based on case specifics. |
WSM | Prepares LCA materials and emails to employer for posting once completed employer questionnaire received. | 2 business days | May vary if an internal expedite is authorized or if additional information is needed from the employer. |
Employer / WSM | Employer confirms LCA posting; WSM files the LCA with DOL. | 1 business day | Note: WSM standard protocol is to file the LCA with the DOL one business day from sending the LCA for posting unless posting is confirmed sooner. |
DOL / WSM | DOL processes LCA; WSM reaches out to employee for additional information and documents if necessary; WSM prepares H forms and documents. | 7-10 days | Note: The earliest that an approved LCA is issued is 7 days. |
WSM | Sends documents to employer for signature once the LCA is approved. | Within 24 hours of LCA approval | This typically happens same day as LCA approval but could take longer if all employee materials have not been provided. |
Employer | Employer reviews and sign all necessary forms, and sends back to WSM with the filing fee checks (if applicable). | 1 to 3 days | |
WSM | WSM files the petition with the USCIS upon receipt of all signed H-1B and, if applicable, H-4 forms, as well as USCIS filing fee checks. | Within 24 hours of receipt | If H transfer and employee will start work upon receipt, WSM provides employer with confirmation of FedEx delivery of petition to the USCIS for completion of Form I-9. |
USCIS / WSM | USCIS sends WSM electronic receipt / official receipt notice; WSM notifies employer and employee of receipt issuance. | Premium processing: 2 days; Regular: about 1 week | |
USCIS / WSM | USCIS issues decision; WSM informs employer and employee. | Regular: 2-4 months Premium processing: 15 days |