H1B Visa

The process begins with a U.S. employer filing a Labor Condition Application (LCA) with the Department of Labor. This certifies that the employer will pay the prevailing wage to the H1B worker and that hiring the foreign worker will not negatively impact the wages and working conditions of similarly employed U.S. workers.

Once the LCA is certified, the employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).

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​The H1B visa has an annual cap. If the number of petitions exceeds the available visas, USCIS conducts a lottery to randomly select petitions. We'll discuss the lottery in more detail below.

If the petition is selected (either through the lottery or if exempt from the cap) and approved, USCIS will notify the employer.

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If the beneficiary (the foreign worker) is outside the U.S., they will need to apply for an H1B visa at a U.S. consulate or embassy in their home country. This involves attending an interview and providing supporting documentation.

​Once the visa is approved, the beneficiary can enter the U.S. and begin working for the sponsoring employer.