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H-1B Visa Application Process

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The H-1B visa gives foreign nationals permission to work in the United States for a U.S. company. To obtain an H-1B visa, the foreign national must work in a field that requires special knowledge and meet the job requirements that the employer was unable to find from a U.S. worker. Our Orange County employment immigration attorneys explain the steps a foreign national needs to take to apply for an H-1B visa.

H-1B Visa Application Process

Step 1: Find an H-1B Sponsor

When applying for an H-1B visa, the applicant must find a U.S. employer to hire them and sponsor them for an H-1B visa. The employer will need to pay for the applicant’s visa fees and submit the required documents on behalf of the applicant to work for their company. For such reasons, it is important that you ensure an employer is willing to sponsor you before you start the H-1B application process.

Step 2: Your Employer Must Submit Labor Conditions Approval (LCA)

Once your employer has hired you and accepted to sponsor you for your H-1B visa, they will need to submit the Labor Conditions Approval (LCA) to the Department of Labor (DOL). This document will explain the job requirements, pay, location, and working conditions. The DOL will need to ensure that your pay is equal to or greater than other employees in the area.

Step 3: Your Employer Must Submit Form I-129

Once the LCA has been approved, the employer will then file the Petition for a Nonimmigrant Worker, Form I-129. This step will also require the employer to submit the following:

  • Application fees
  • Education and experience evaluation
  • Training certificates
  • Cover letter and resume
  • Employment agreement
  • Professional membership documents

Step 4: Complete the Application with the Embassy or Consulate

Once steps one through three have been finalized, you will need to complete the H-1B visa application at your embassy or consulate. It will likely take two to three days to process your visa.

If you need assistance completing your H-1B visa application, contact our Orange County immigration attorneys today at (949) 478-4963!


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