STEP 1: Identifying a Sponsor. The employer (U.S. Petitioner 5.5)can contact an immigration attorney to work on H-1B case.
STEP 2: The attorney collects all documents and information according to H-1B’s application requirements.
STEP 3: The attorney obtains the prevailing wage determination for the area of intended employment of the employee. (U.S. Beneficiary 5.6)
STEP 4: File the Labor Condition Application (ETA-9035).
Evaluation of an LCA typically takes a week.
The purpose of the LCA application is to ensure that the employers pay the same prevailing wage indicated, offer the same benefits to H-1B visa holders as other employees, and assure that employment of the alien will not negatively affect the conditions of other workers, including workers on strike and U.S. workers in general.
STEP 5: After DOL approves the LCA, the attorney files the actual H-1B petition. For Capped H-1Bs, attorney can submit H-1B petition from the end of March to the beginning of April. For Cap-exempted H-1Bs,attorney can submit the petition at any time.
Step 6: When the number of applications exceeds the quota limit, USCIS will use computer to draw lots to select applicants. The process time is 2-4 months. (For Capped H-1Bs)