Filing the H-1B Petition
Once the Labor Condition Application has been certified by the Department of Labor, the employer must file an application with the immigration service as a request for permission to employ the foreign national in H-1B status.
The H-1B Petition must include:
- Form I-129, H Classification Supplement, H-1B Data Collection and Filing Fee Exemption Supplement;
- The Certified Labor Condition Application;
- A university support letter which includes a detailed description of the job duties and minimum salary offered, the exact dates of employment, and the employee’s qualifications for the position as described.
- Additional information concerning the employee’s qualifications for the position and proving current non-immigrant status (if currently in the U.S.)
Immigration Service Filing Fees
The immigration service imposes fees for filing all immigration-related petitions. Because the application is filed by the employer on behalf of the employee, the hiring department is responsible for the payment of all filing fees which must be submitted with the H-1B petition. The OISS will notify the department to obtain a check as the case proceeds.
Premium Processing Fees
The U.S. Citizenship and Immigration Service will expedite H-1B petition approval for an additional “premium processing” fee of $1,225. This fee is in addition to the regular filing fee. The immigration service promises adjudication of an H-1B petition within 15 days of receipt when this additional fee is paid at the time of filing. Normal processing time without “premium processing” can take up to several months. If the department is interested in having the employee begin work within a few weeks of filing of the petition, please contact the OISS for more information.
Required information from the Department
- An original signed LCA attestation form;
- A detailed copy of the position including job duties and responsibilities, minimum education, professional requirements, and the salary offered;
- A copy of the job advertisement;
- A copy of the job offer letter given to the employee;
- A copy of the employee's C.V. (curriculum vitae)
The foreign employee will also be required to submit information and documentation for preparation of the visa application. This information is covered in the Employee Section.
Required Information from the Foreign National
- A copy of the his/her diploma for the highest degree attained (or an official transcript which documents the awarding of the highest degree attained; all documents not in English must be accompanied by an official, certified translation; in some cases, it may be necessary to have an equivalency evaluation of these credentials done by an outside credentialing agency);
- Copies of all requested immigration documents;
- A copy of most recent C.V. (curriculum vitae)