Are you one of the nearly 6 million nationals of Singapore or one of the 19 million nationals of Chile who want to come to the United States? If so, congratulations–if you are interested in working in the United States, you have a built-in path specifically for you through the H-1B1 visa.
Of course, this visa is not exactly a “free for all”– there are certain conditions that an applicant must satisfy to apply for an H-1B1, namely, they must demonstrate the following:
- The job offered is a “specialty occupation”, meaning that the occupation requires a theoretical and practical application of a body of highly specialized knowledge and a bachelor’s or higher degree in the specific specialty (or its equivalent) is the minimum entry requirement for occupation in the United States.
- The foreign national possesses a bachelor’s or higher degree in the specific specialty (or its equivalent).
- The employment is only for a “temporary basis” (i.e., although the H-1B1 can be renewed indefinitely, the foreign national must demonstrate that they do not intend to remain or work permanently in the United States).
However, assuming that an applicant satisfies these requirements, the H-1B1 process is an amazing opportunity. The primary difficulty in moving forward with this application is in knowing how to complete the process. Having successfully completed numerous H-1B1 applications (both through a foreign consulate and through change of status applications in the United States), we are well familiar with the process. We hope the following step-by-step guide provides you with assistance in understanding the general process of applying for an H-1B1 visa in greater detail:
1. Verify Petitioner’s Employment Identification Number (EIN) — Before proceeding with the filing, a U.S. petitioner should get their EIN verified by emailing a copy of EIN documentation to lca.chicago@dol.gov. The subject line should say “Attn: LCA Business Verification Team”. It should only take a few hours on average for them to verify the EIN.
2. Obtain SOC/O*Net Code — Next, the Petitioner will need to confirm whether the offered job is in fact a “specialty-occupation” (i.e., one that requires at least a bachelor’s degree or its equivalent to perform) as required by federal regulations. It is most helpful to reference the following websites in selecting a code:
- For salary, consult with FLC Data Center: https://www.flcdatacenter.com/
- For SOC/O*Net Code, google occupation name and frequent O*Net site to find the most accurate code. https://www.onetonline.org/
3. File Labor Condition Application — After the EIN is verified and the SOC/O*NET code is selected, the Petitioner should then proceed with filing the ETA-9035 (e.g., the Labor Condition Application) with the Department of Labor at https://flag.dol.gov/. It takes approximately six (6) days for the LCA to be certified. Please note that the LCA should not be filed more than 180 days before the Employee’s proposed starting date.
4. Send LCA/Notice of Filing to Employer — While the LCA is pending with the Dept. of Labor, the Employer should either forward a “Notice of Filing” apprising other workers in the same employment position as the offered job or post the LCA itself at the place of employment. The employer should post the Notice of Filing or the LCA wherever the Employer normally publishes any notices.
5. Complete Forms and Supporting Documents — With all of the foregoing work done, the next step depends on whether the Petitioner is filing for a change of status in the United States or through consular processing is to complete the following forms:
a. Change of Status with USCIS
If the proposed employee is in the United States and wishes to file for a change of status without leaving the U.S., the employer should file the following forms with USCIS:
- Filing Fees
- Form I-129, fee of $460.00
- ACWIA Fee (either $750.00 or $1,500.00 depending on whether the Employer has 25 or less employees)
- Anti-Fraud Fee of $500.00
- Form I-129
- Form I-129H
- Form I-129W
- Certified ETA-9035; and,
- All required documents (listed below)
b. Consular Processing
Alternatively, if the applicant is applying for an H-1B1 visa abroad, the Petitioner will not file any paperwork–the Beneficiary will complete the required DS-160 and schedule their own appointment at the foreign consulate, the filing fee is only for $205.00 USD. The Beneficiary will also need to bring all of the required documents to their interview for the H-1B1 visa.
Required Documents: To file the H-1B1 application, the following documents should be provided:
- From the Employer:
- Job Offer Letter
- Job Description (Describe Duties, Hours, Proposed Salary, Etc.)
- Employment Contract
- Evidence that Business is Bona-Fide (i.e. Taxes, Utility Bills, Bank Statements, Photographs, etc.)
- O*NET Job Summary
- Postings of Similar Jobs (to show that they require BA/BS Degree, specialty occupations)
- From the Employee:
- Resume from Employee
- Evidence of Employee’s BA/BS Degree (or Academic Equivalency Evaluation if they have a foreign degree)
- If you are presently in the United States, Evidence of Maintenance of Non-immigrant Status (i.e. I-20s, I-94, etc.)
- If applicable, evidence of a qualifying relationship between the derivative and primary applicant
We hope the following information is helpful to you in considering the totality of the process involved in applying for an H-1B1 visa. The ImmiVisa Law Group is skilled in preparing H-1B1 applications in a number of different industries and job positions. We are available to provide further consultation with both employers and prospective employees to discuss this process further. Please schedule a consultation today for further questions.
Disclaimer: The article is provided only for general information, convenience, and reference purpose only and should not be relied on as legal advice. Please consult with an attorney before proceeding with your application.