H-1B Process: Are You Ready to File?

As April 1 is only a few weeks away, those who are lucky enough to have a job offer and find an employer that is willing to petition an H-1B application should start putting their application together NOW. The following is a brief explanation on the process of filing an H-1B application.

Starting from this year, the Department of Labor (DOL) has centralized the process of prevailing wage determination (PWD) for H-1B. You should file ETA Form 9141 through iCert (icert.doleta.gov), a website run by the Department of Labor. Applicants should expect to get the prevailing wage determination back in about 60 days. That means if your employer has not filed a PWD yet, you most likely will not be able to file your H-1B application by April 1.

While your are waiting for your PWD, your employer should inform other U.S. workers that you, an international worker, will be hired. Usually a notice on the company's bulletin board or an email is sufficient (hard notice of soft notice), depending on the usual channel of communication between the employer and the employees. You should receive a copy of the LCA as well.

After informing the U.S. workers about the intent of hiring an international worker and getting the PWD back, your employer should file a Labor Condition Application (LCA) with the DOL through iCert. A LCA will generally be approved within 7 business days unless something in the LCA is inaccurate or incomplete, which will require the employer to correct the information and resubmit the LCA.

After the LCA is approved, you may submit your I-129 application with H-supplement pages filled out and other supporting evidence, such as documents that prove your qualifications.

Disclaimer: Information included in this post does not constitute as legal advice and receipt of this page does not establish attorney-client relationship. For specific inquiries, please contact my office for an appointment.