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H1B Procedure

The document outlines the steps to obtain an H-1B visa including: 1) Obtaining approval of a Labor Condition Application from the Department of Labor which ensures proper wages and working conditions; 2) Obtaining approval of an H-1B petition from INS including an approved LCA and documents describing the employer and qualifications; 3) An existing visa holder can change status to H-1B but those without a visa must obtain one abroad, unless they violated their previous status.

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Sarang Tanveer
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322 views1 page

H1B Procedure

The document outlines the steps to obtain an H-1B visa including: 1) Obtaining approval of a Labor Condition Application from the Department of Labor which ensures proper wages and working conditions; 2) Obtaining approval of an H-1B petition from INS including an approved LCA and documents describing the employer and qualifications; 3) An existing visa holder can change status to H-1B but those without a visa must obtain one abroad, unless they violated their previous status.

Uploaded by

Sarang Tanveer
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as TXT, PDF, TXT or read online on Scribd
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Obtain the approval of a Labor Condition Application (LCA) from the regional off

ice of the U.S. Department of Labor (DOL).


The LCA is a one-page document in which your employer attests that you will rece
ive the same wages and working conditions
as similarly situated U.S. workers, that there is no strike or lockout of such w
orkers, and that other workers have been
notified of the submission of the LCA to DOL.
Obtain the approval of H-1B petition from the INS. The petition should describe
your employer, the proposed employment,
and your qualifications. It should be accompanied by the approved LCA and other
appropriate documentation, (e.g. a
letter offering you employment, a copy of your diploma, a borchure and/or annual
report regarding your employer).
If you are maintaining legal nonimmigrant status in the U.S., your employer may
request that the INS change your status to
H-1B. However, if you exit the U.S. after obtaining H-1B status, you must obtai
n an H-1B visa abroad in order to return
to the U.S. Only if you have violated or overstayed your nonimmigrant status m
ust you exit the U.S. and apply for an
H-1B visa at a U.S. Embassy or Consulate abroad.
The H-1B visa eventually facilitates the permanent residency process, a/k/a the
green card, because it is not subject to
the doctrine of immigrant intent. This means that a qualified immigrant may pro
cess her/his permanent residency, or green
card, while she/he works in the United States with an H-1B visa.

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