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

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.

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