How to file an H-1B visa

Norma Lorenzo

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Immigration Attorney

Contributor Level 15

Posted over 4 years ago. 1 helpful vote

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1

Petitioner must acquire a prevailing wage for the beneficiary from the state's DOL in which the Ben. will work

Different state DOL's have different procedures for filing these prevailing wage requests. They usually involve getting a form and either submitting the form via email or fax in order to arrive at the prevailing wage. You may also use the online prevailing wage library when filing for H-1B in order to arrive at the correct prevailing wage.

2

Apply for the LCA

Once you have the prevailing wage the next step is to apply for the LCA which must be certified by the DOL before the petitioner actually files the H-1B application. This is currently being done through an online system called ICert. Either the Petitioner or the representing attorney will have to register with ICert and submit such LCA. LCA's take approx. 5 to 7 business to get certified.

3

Apply for the H-1B with the Service

Once you have a certified LCA then the petitioner must fill out immigration form I-129 and all supplemental forms that go along with it. Additionally, a Petitioner letter describing the job duties that the beneficiary will be performing is always a good idea to include. Also you should include documentary evidence that the petitioning company has the economical resources to pay the beneficiary's salary. Lastly, don't forget to include evidence of the beneficiary's degrees etc...that qualify him for this position.

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The Law Office of Norma Lorenzo, PLLC

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