2023-06-23 08:58:29
How Does An Employer Obtain An LCA?
The employer must first obtain an ACV from the DOL. The employer then files the ACV with USCIS as part of the H-1B petition process.
Often people choose to work with an immigration attorney to obtain an ACV. There is a lot of paperwork involved, and there are many steps to the process. Generally, the employer must have a valid ACV before hiring a worker and before the worker can come to the United States.
First, an immigration attorney helps the employer fill out ETA 9035. The attorney then files it with the Department of Labor. The Department of Labor will look at the wage rate and make sure it is high enough. They will also check to see if there are any American workers who can do the job.
If everything looks good, the Department of Labor will approve the LCA and send it back to the immigration attorney. The attorney will then file with USCIS as part of the H-1B petition process.
How Can An Employer File An H-1B Visa For A Worker?
To apply for an H-1B visa for a worker, the employer must follow these steps:
The employer must have a valid ACV from the Department of Labor. Without an ACV, the application cannot go further. (See the section above, “How Does an Employer Obtain an ACV?” for more information.) The employer must file a petition on behalf of the worker with USCIS, using Form I-129. The employer must include the approved LCA with the petition. The prospective worker applies for a visa for admission to the United States. Once the petition is approved, the worker can come to the United States and begin working in their specialty occupation.
Here’s a closer look at each.
Step 1: The Employer Files an LCA
The first step is for the employer to file an LCA with the Department of Labor. The employer can do this with the help of an immigration attorney.
As part of the LCA process, the employer must attest to the following:
The salary they will pay the H-1B worker is high enough. Must be at least the prevailing wage for the occupation in the area of employment.There is no strike or lockout in the workplace.Working conditions will not adversely affect other workers in the employer’s business.Employer will give notice to employers union representatives (if there is a union) or workers (if there is no union) about the hiring of H-1B workers. The employer will maintain a publicly accessible file with certain information on H-1B workers, including the LCA. The employer has not laid off any US workers in the last 90 days and will not fire in the next 90 days. The employer has not laid off any US workers in the last 90 days and will not fire in the next 90 days. next 90 days. The employer has not moved the US workers’ workplace in the past 90 days and will not do so in the next 90 days.
After the employer files the LCA, the Department of Labor will review it to make sure the employer has met all the requirements. If everything looks good, the DOL will approve the LCA and send it back to the employer (usually within 7-14 days). The employer will need to keep the approved LCA in its publicly accessible file.
Step 2: Employer Files Form I-129
Once the employer has an approved ACV, they can move on to the next step: filing Form I-129 with USCIS. This is the petition that the employer will use to apply for an H-1B visa for the worker. Employers usually work closely with immigration attorneys to do this.
The employer will need to include the following with their I-129 petition:
The approved LCA from Step 1. A copy of the worker’s diploma or title (if they have one). Documentation showing that the worker has the necessary experience and credentials for the job for which they are applying. This could include things like transcripts, letters from previous employers, licenses, etc. A job offer letter from the employer to the worker. This should state the salary the worker will be paid, as well as the tasks they are expected to perform. Proof that the employer has enough money to pay the worker’s salary. This could include tax documents, financial statements, and similar documentation. Documentation showing that the employer has made an effort to recruit US workers for the position (if necessary). This may include advertisements placed in newspapers or online, attended job fairs, and a variety of other types of testing.
After the employer has gathered all the necessary documentation, they can file the petition with USCIS. USCIS will then review the petition to make sure everything is in order. If so, they will approve the petition and return it to the employer.
Step 3: The Worker Apply for a Visa or Admission
After the employer has received approval from USCIS, the next step is for the worker to apply for a visa for admission to the United States. The worker can do this by going to a US consulate or embassy in their home country and applying for a visa.
To obtain a visa, the worker will have to show the following:
That they have an approved H-1B petition from their employer. That they have a valid passport. That they have proof of ties to their country of origin (such as property, family, etc.). This is to show that they do not intend to immigrate to the United States permanently. That they have enough money to support themselves while they are in the United States. That they are in good health and have received all necessary vaccinations. United States for no reason (such as having a criminal record).
If the worker is already in the United States, they can apply for a change of status to H-1B. To do this, they will need to file Form I-129 along with the required documentation. USCIS will then review the petition and, if everything is in order, will approve the change of status.
After the worker has been approved for an H-1B visa or change of status, they can begin working for their employer in the United States. The H-1B visa is valid for up to three years, and can be renewed once for an additional three years. After that, the worker will have to return to their home country for at least a year before they can apply for another H-1B visa.
Do You Need To Speak With An Immigration Lawyer To Obtain An H-1B Visa?
If you need to speak with an immigration attorney about obtaining an H-1B worker visa, we are here to help. Call our office today to schedule a consultation; we can answer your questions on everything from LCA to the visa process.
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