Processing of visas for professionals with at least a U.S. bachelors degree or its equivalent in work experience. The Immigration Act of 1990 made significant changes in the employer’s obligations with resect to obtaining the H-1B visa; the form used to apply for the visa; and the ap plication procedures. Be sure to consult with an attorney experienced in im migration matters to be certain that this is the appropriate visa category for your purposes.
What Does the Employer Do?
Qualify as a U.S. Employer.
The employer must have a U.S. taxpayer identification number. Foreign businesses not established in the U.S. cannot use this visa to bring employees here.
Obtain an Approved Labor Condition Application.
The employer must prepare and file a Labor Condition Application (LCA) with the Regional Office of the Department of Labor (DOL). The LCA is a form which must be carefully prepared and posted in two conspicuous places at the work site. The form requires the employer to describe the position and the salary. The LCA also requires the employer to attest to complex facts concerning the wage, working conditions, labor conditions and the giving of notice.
Once the LCA is approved, the employer files a petition with the Immigration and Naturalization Service. The employer must document that the position requires the services of a person in a “specialty occupation.” This means a person who is working in a professional position and who has a minimum of bachelor’s degree or its equivalent.