Alda Professional Placement Services
International Medical Placement & Information Network
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Alda Professional Placement Services International Medical Placement & Information Network
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What are the steps and the time involved in the H-1B process? Answer: Approximately 6 - 10 weeks, if all goes well! As soon as the prospective employer suspects they will be hiring a new foreign worker, or need to extend an H-1B visa, the completion of the Prevailing Wage Determination and Labor Condition Application can begin. Depending on the state, obtaining the Prevailing Wage Determination varies in difficulty and time involved (from a few days to 2 weeks or more). In order to begin the Prevailing Wage Determination and the Labor Condition
Application, we will need the following information:
What information/documentation is required to begin the processing of an H-1B visa? 1. Information/Documentation needed from the foreign worker ‚ this is what we need from the foreign worker in order to process his/her H-1B visa. There may be items that the foreign worker does not have or is not familiar with. Those items are not applicable and can be ignored/skipped. If Spouse and Children are residing in the U.S. at the time we file for the foreign worker's H-1B visa: items listed are needed in order to process their H-4 visas. If Spouse and Children are overseas when we file the H-1B, there is not paperwork for us to file here in the U.S. Spouse and Children must appear at a U.S. Embassy to apply for an H-4 Visa. 2. Information/Documentation needed from the Employer ‚ this is what we need from the employer in order to process an H-1B visa. Once an employer is established with us, we only need the information specific for each potential new employee such as job title, detailed job description, salary offered, etc. Once the Prevailing Wage Determination is obtained...the ETA 9035 - Labor Condition Application (LCA) can be completed and posted at the work site (to be left up for 10 consecutive days in two conspicuous places). As soon as the LCA (or a notice of the filing) has been posted, we can then file the LCA with the Department of Labor. In approximately 10 - 14 business days, the approved (certified) copy of this form will arrive in our office. We will fax a copy of the filed form to the employer, with instructions about giving a copy of the LCA to the (prospective) employee. As soon as we receive all the information/documentation from the foreign worker and the employer, and while we wait for the approved LCA, the paperwork for the petition can begin. When the all information has been transferred onto the INS (Immigration and Naturalization Service) forms, authorized signatures are obtained. When all forms are signed and the certified LCA arrives, all is packaged and sent to INS. Credentials Evaluation (Education/Work): If an education credentials evaluation was not obtained as a part of a licensure requirement (as in the rehab professions), many times, the INS requires that an evaluation of the foreign workers credentials be performed and added as supporting documentation to the visa application. This evaluation is done to make sure that the foreign worker’s degree is equivalent to a U.S. degree. If an evaluation has not already been completed, we must have good, readable copies of the foreign worker’s degree certificate(s), transcripts or mark sheets, any professional development course certificates and translations of any documents that are not in English. The more information provided to us, the faster the education evaluation may be performed. Usually the cost for an education evaluation is approximately $125.00, however in some cases it may cost more. The credentialing process usually takes approximately 2 weeks to complete and is customarily performed at the same time that the Department of Labor is processing the LCA. Therefore, the credentialing process normally does not delay a file. Approximately 4 - 8 weeks: In approximately 14 - 21 days after mailing the I-129 Petition to INS, a "Receipt Notice of Action", form I-797, is received in our office. This means that INS has received the file and is beginning to process it. If this notice is not received in at least 21 days after mailing, we will investigate. If INS is satisfied with the file, they will send an "Approval Notice of Action", form I-797, usually within 14 - 36 days of the Receipt Notice. If we do not hear anything after 36 days, we will investigate! Occasionally, between the Receipt Notice and the Approval Notice, a letter from INS may be received requesting more information or clarification of a fact. With the employer's cooperation and/or the cooperation of the foreign worker, we simply comply with their request. If this happens, it can delay the process another 10 -14 (or more) days. Additional information that may be helpful during the hiring process: General questions that may be asked of the foreign workers during an interview to qualify a potential employee's immigration status. General immigration terms that may be encountered during the immigration process. When the Approval is received - Final Step! If the foreign worker is residing in the U.S. and has maintained valid immigration status, he or she may now go to work for the new employer. If the foreign worker is outside the U.S., they may now go to the U.S. Embassy listed on the I-129 Petition to have the visa issued and stamped, after which, they may enter the U.S. Please note that there are many, many situations and types of visas that a person could experience. The above information will hopefully give you a brief overview of the most common things you will need to know before applying for the H-1B visa. Anytime you have questions about a particular situation, contact an immigration attorney. |
