A Guide To H1B Visa Petitioning Process For Employers

US employers apply for H1B visas. The employer must have a job opening and cannot find a suitable American worker. Any job that requires a college degree or is too specialized for most people is considered this.

After receiving applications, the company begins the US H1B visa process if a foreign candidate meets job requirements.

A US employer is defined as a company or corporation which has an IRS (Internal Revenue Service) number.

As the H1B visa procedure begins with a US employer, they must be able to meet certain conditions set by the country. The procedure is also known as H1B visa sponsorship.

Here are the steps that employers need to go through to petition a foreign worker:

• Have a Labor Condition Application (LCA).
• File a petition with USCIS.
• Fill in form I-129.
• Submit the forms and the documents file.
• Wait for the review from USCIS.

Have a Labor Condition Application (LCA)

US employers need an  approved Labor Conditions Application (LCA) from the US Department of Labor. This authorizes US employers to hire foreigners. It also promises fair pay and treatment from the employer. Finally, it establishes that the company must hire a foreign worker because no US resident is qualified, accessible, or willing to work in that capacity.

That form should indicate how long they will hire foreign labor. This form assures US and employees that this employer will:

• Pay the foreign employee the full prevailing wage.
• Provide an adequate working environment and conditions.
• Notify the employee of any changes made in the labor certification.
• Notify the government of the location where the work will be performed.
• Provide company information and the number of employees.
• State employee job description and income.

The LCA is filed with the US Department of Labor (DOL). The employer must have an approved LCA before taking any other steps in hiring the employee. The employee cannot start working before all certifications and documents are obtained.

File a petition with USCIS

The next step is to make a job offer to the foreign worker and complete Form I-129. This is the petition that is submitted to the United States Citizenship and Immigration Services (USCIS). The basic form is Form I-129, Petition for Nonimmigrant Worker, and USCIS is the principal authority in processing the petitions. This form is used to request approval from the United States government to hire a foreign worker.

I-129 forms

Employers have to file separate I-129 forms for each employee.

I-129 forms are required:

• If the employee is being hired by two companies, each one has to file a Form I-129
• If the employee wants to extend their work, the employer has to file a Form I-129
• If the employee is switching jobs, the new employer has to file a new Form I-129 (H1B Transfer)

Submit the forms along with the document file

The forms must be signed in black ink and compiled in a file. The petitioner must include the fee checks and the following supporting documents:

• I-129 Form filling fee – Employers can also apply to waive this fee from USCIS by filling in Form I-912
• Employer Funded Training Fee ($1,500 for employers with more than 25 full-time employees in the US; $750 for employers with less than 25 full-time employees in the US)
• Fraud Prevention and Detection Fee of $500 for each foreign employee
• Pay the Public Law 114-113 Fee of $4,000 – this fee applies if the employer has more than 50 employees, and 50% of them are on H1B or L visas. The employer does not have to pay the fee is they are extending or amending the USCIS petition.
• Employees who want Premium Processing from USCIS have to pay an additional $1,225 (and Form I-907)
• If the employer is represented by an attorney, Form G-28 is also needed
• Form I-129

Other documents:

• Proof that the foreign worker meets the educational qualifications (copies of diplomas/certifications)
• A copy of the foreign worker’s passport
• A copy of the contract signed by the employer and employee
  Internal Tax Returns of the company
• A report of state wages paid to employees
• 15 photographs of the premise of your business

Where do I submit the petition?

The petition is then submitted to USCIS in one of its four locations:

• Nebraska Service Center (LIN for Lincoln, Nebraska);
• Vermont Service Center (EAC for Eastern Adjudication Center);
• Texas Service Center (SRC for Southern Regional Center);
• California Service Center (WAC for Western Adjudication Center)

The employer must submit the petition at their nearest service facility. It will receive a case number from USCIS. Case numbers are formatted. Example: EAC-18-107-50321. Check petition status at this number.

Vermont’s service center is EAC. 18 is the petition year. This year is 2018. Application date (107) is the other number. From the day USCIS opens the application session to the last day, excluding weekends and holidays. Your case number is 50321. This case number is not in order of application receipt. USCIS does not disclose their numbering system.

Wait for the review from USCIS

The petition will be reviewed by USCIS, who will evaluate whether the job is speculative or actual, and will either grant or deny it. Before this petition or H1B sponsorship process is granted, neither the employer nor the employee can take any action. If the petition for foreign workers is approved by USCIS, a Form I-797 will be issued. This indicates the employee can begin the application process.