Processing the H-1B petition involves two steps:
1. Preparing and filing a Labor Condition Application (LCA): The LCA is an attestation by the employer regarding the H-1B employment and must be filed and approved by the Department of Labor (DOL). The LCA attests to the fact that the employer is paying at least the legally required wage for the H-1B position, that working conditions of U.S. workers will not be affected by the employment of the H-1B worker, that there is no work stoppage affecting the occupation, and that notice of the employer’s intent to hire an H-1B worker has been posted at the worksite. In certain situations, an LCA may already have been approved for multiple workers for the same position and location.
2. Preparing and filing the H-1B petition: The H-1B petition can be filed with the USCIS once you receive the original I-797 receipt notice. Petitions consist of an application, employer letter and other supporting documents, including copies of the candidate’s educational credentials. Petitions are filed with USCIS Service Centers depending on the job location. Processing times at USCIS for the H-1B petition vary. Upon approval, USCIS will issue a Notice of Approval that may be used to obtain the H-1B visa.