Applying for any of the three main types of H-1B visa is a detailed process that requires input and action from both the employer and employee. All H-1B visas are designed for foreign workers with special skills or those who work in a specialized industry.
While additional details are likely to come to light during the application process, here are the three primary steps required for an H-1B application:
- Employer completes and files a Labor Conditional application with the Department of Labor: In this application, the employer agrees to comply with all labor requirements associated with bringing an employee to the United States on an H-1B visa. Any violation of these requirements can result in a fine, banning additional visa applications and other sanctions.
- Employer completes and files a Petition for Nonimmigrant Worker with the U.S. Customer and Immigration Services: A Petition for Nonimmigrant Worker, also known as Form I-129, should be submitted to the proper U.S. Customer and Immigration Services center, based on location, and accompanied by a Labor Condition application.
- The prospective worker applies for an H-1B visa before entering the United States: After the employer submits the necessary information and receives approval, the foreign worker, who at that point is still outside the United States, will apply for an H-1B visa.
All three of these steps are a must in order for an employer to bring a worker to the United States on an H-1B visa. Any type of mistake along the way, such as neglecting to include the Labor Conditional application along with Form I-129, will result in a denial.
As the most coveted non-immigrant visa, the H-1B is not always easy to secure. Instead, it takes quite a bit of time and effort to get everything in order, both on the side of the employer and employee.
Further complicating your situation is the fact that the U.S. caps the number of H-1B visas it issues every year.
If you want to successfully bring a foreign worker to the U.S., it's imperative to tackle the application process in an efficient and timely manner.
For more information on the H-1B visa program, among other options, visit our website and read through our past blog posts.