How do I file an H-1B petition?

The foreign national does not file the H-1B petition at all, even if he or she is the beneficiary of the filing. Rather, the U.S. employer files an H-1B petition. First, the H-1B employer determines and documents the prevailing wage for the area of intended employment because a foreign national must be paid at least the prevailing wage. Then the employer submits a Labor Condition Application (LCA) to the Department of Labor (DOL), and last, once certified, the employer files an H-1B petition with the United States Citizenship and Immigration Services (USCIS) with the LCA and proof that the foreign national qualifies. Other requirements must also be met.

Other H-1B Visa Frequently Asked Questions

• Can I offer to pay the attorneys fees and filing fees for my H-1B petition?
• Can my spouse also gain H status if I do?
• Can my spouse work in H-4 status?
• How do I file an H-1B petition?
• How does USCIS determine which H-1B petitions to accept if there are many more H-1B petitions filed than H-1B visa numbers available?
• How long can I remain in H-1B status?
• I am a student with a STEM undergraduate degree. Should I apply for OPT and then STEM OPT, or seek a change to H-1B status after I graduate?
• I have H-1B visa status and I want to change employers. Must I wait for my new employer to obtain a new approved H-1B petition before I can start working for the new H-1B employer?
• I heard that an H-1B visa is a Speciality Occupation visa. What is a Specialty Occupation?
• My H-1B employer petition will indicate that my employer intends to place me at various other job sites. Does that complicate my case?
• My prospective H-1B employer in Texas wants to file for me. When must he or she do so?
• Will my H-1B visa be valid for the same period as the approved H-1B petition?

The information appearing in these FAQ responses is not legal advice and is provided for general information purposes only. You should seek professional advice from an experienced immigration attorney regarding your specific inquiry and case before changing position.