The Law Offices of Robert Nadalin

What Are The Steps Included In The H-1B Visa Process?


Initially, an employer must confirm that the employee will be sponsored for a specialty occupation for which the employee qualifies. Once that initial work is completed, there may be an additional step to confirm the candidate’s credentials and personal qualifications with an outside evaluator.

After that, the next step is usually to confirm the required wage rate with U.S. Department of Labor. That is done through the filing of a Labor Condition Application (LCA). After that is in place, the petition papers are prepared and filed with USCIS.

Cap-related case are all filed within the first 5 business days of April. USCIS assigns a lottery number to each petition through its “random number generator.” After the lottery process is completed, any persons in line for a visa number will receive a case receipt notice assigning a USCIS case number. USCIS will return the petition documents along with the government filing fee checks to any employers who do not receive a visa number.

Does An Approved H-1B Petition Guarantee Admission To The United States?

An approved petition is essentially an option for the employer to employee the sponsored employee. It confirms that the employer is offering a job that qualifies under the H-1B regulations and that the employee is qualified to work in that position. Persons already in the U.S. often remain by having their lawful status “changed” to H-1B. Persons not in the U.S. or who depart must obtain an H-1B visa stamp in order to return to the U.S. in lawful H-1B status. Although most cases do not encounter any irresolvable problems, there is no guarantee of admission into the U.S. because the sponsored employee must clear any ground of inadmissibility that may apply. Inadmissibility grounds can include previous criminal law incidents, previous immigration law violations, and other matters that may impact U.S. national security or public safety.

How Many H-1B Visas Can Someone Obtain In A Lifetime?

Sponsored employees can obtain up to 6 years of H-1B time among all employers. Unless the employee qualifies for one of the 6 year max exceptions or another category of visa, the employee must depart the U.S. After remaining abroad for at least one full year, the employee can again become eligible for another 6 years of H-1B time.

For more information on Steps In H-1 B Visa Process, please feel free to contact our office by calling (619) 234-8875 today.

The Law Offices of Robert Nadalin

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