What is involved in applying for H-1B status?
An employer must first file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). Upon receipt of the certified LCA, the employer must then file with the Bureau of Citizenship and Immigration Services (U.S. C.I.S., formerly the Bureau of Citizenship and Immigration Services) a Petition for Nonimmigrant Worker (Form I-129), with the Form I-129H Supplement, supporting documentation, and a copy of the certified LCA. Upon approval of the petition, the employer may employ the individual in H-1B status. If the prospective employee is outside of the United States, s/he may apply at a U. S. Consulate for a visa to enter the United States in Nonimmigrant Worker (H-1B) status. In support of that application, the prospective employee should present to the consular official the employee’s portion of the Notice of Action (Form I-797) verifying the approval of the petition, and the other supporting documentation submitted with the Form I-129.
