What steps are involved in the processing of an H-1B petition?
A Labor Condition Application (LCA) must be filed with the Department of Labor (DOL) and approved before an H-1B petition can be filed. The LCA attests to the fact that the employer is paying the prevailing wage for the H-1B position, that working conditions will not be affected, that there is no work stoppage affecting the occupation, and that notice of the employer’s intent to hire an H-1B worker has been posted at the worksite. In certain situations, an LCA may already have been approved for multiple workers for the same position and location. Petitions consist of an application form, employer letter and other supporting documents including copies of the candidate employee’s educational credentials. Documents that support the H-1B petition may have to be translated and evaluated by a credentials service. Once the LCA has been approved and all of the documents are in order, the H-1B petition can be filed with USCIS. Upon approval, USCIS will issue a Notice of Approval that may be use
