STEP ONE: Qualify as a U.S. Employer.

The employer must have a U.S. taxpayer identification number. Foreign businesses not established in the U.S. cannot use this H-1B visa to bring employees here. However, it is not difficult to open a U.S. branch of a foreign business here in the U.S. Be sure to consult with an expert in U.S. tax law before you take any action. We refer our clients to Cantor & Webb, P.A., a law firm specializing in tax. Click here for their contact details:

STEP TWO: Obtain an Approved Labor Condition Application.

The next step is for the attorney to prepare and file a Labor Condition Application (LCA) on behalf of the employer with the Department of Labor (DOL). The form requires the employer to state the job title, location and offered salary. The form is submitted via the internet to the Department of Labor. It then takes the Department of Labor eight (8) days to issue the certification. Do not confuse this process with the PERM Labor Certification; that is the first step towards U.S. Permanent Residence.

STEP THREE: Filing the H-1B Petition.

Once the LCA is certified, we assemble all of the necessary forms, employer letter of support and supporting documents and file with U.S. Citizenship & Immigration Service (USCIS). The letter of support, on the employer’s letterhead, confirms the employer’s field, the job title and duties, and why the potential employee is qualified. Once filed, USCIS will issue a receipt notice. With the receipt notice, the employer and employee can check the status of the pending H-1B online at:
Or sign up with USCIS for automatic email or text message updates by registering here:

STEP FOUR: Approval of the H-1B.

If the worker is in the U.S. and currently holds a valid non-immigrant status, he or she may, in some circumstances, apply for a change of status to H-1B. For example, if he or she is in lawful student status (F-1), the worker may seek a change from F-1 to H-1B. This change only gives the person the ability to work in the U.S. for the sponsoring employer. If the worker needs to travel abroad, he or she will need to apply for an H-1B visa at a U.S. Consulate abroad in Canada, Mexico or their own home country. Workers presently residing abroad apply for an H-1B visa with USCIS inside the United States; then with that approval notice, apply at a U.S. Consulate prior to entering for the H-1B visa stamp when they can then enter the U.S to begin work.