Below are brief explanations of the four steps required for an H-1B visa application:

• In 2020, the USCIS introduced their new Registration system for employers who wish to file an H-1B under the Cap. Registration usually starts in the beginning of in March and stays open for about ten (10 calendar days). During this ten-day period our office will complete the Registration. However, in order to Register, it is mandatory for all employers to create an online account. The employer is the “Registrant”. The online account has to be created in the employer’s authorized signatory’s name only. At the time of creating the online account, the employer has to insert company information (company name, FEIN, address, telephone / fax numbers; and authorized signatory’s full legal name, job title and e-mail address). The link below is for online account signup:

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https://myaccount.uscis.gov/users/sign_up

If the Registration is selected, USCIS will notify the employer on or before March 31. An H-1B cap-subject petition may only be filed by a petitioner/employer whose registration for that beneficiary was selected in the H-1B registration process.

Upon selection the following steps are then taken:

• Employer must file Labor Condition Application (LCA) to the Department of Labor for certification (DOL). The LCA certification takes approximately 10 business day.

In the LCA, the employer attests that it will comply with certain labor requirements. Violations of these requirements can result in fines, bars on sponsoring additional visa petitions and other sanctions against the employer. The labor condition requirements are as follows:

• Employer will pay the H-1B holder a wage that is equal to the wage paid to similarly qualified workers or, if greater, the standard wage paid for the position in the corresponding geographical location.

• Employer will adhere to working conditions that will not negatively impact existing, similarly employed workers. There must be no strike or lockout at the time of the application and a notice of the application with the DOL must be provided to the union representative (if applicable) or posted at the business location.

• Employer files Petition for Non immigrant Worker (Form I-129) with the USCIS.

The Form I-129 must be completed by the employer and submitted to the proper USCIS Service Center with the relevant filing fees and documents at the service center listed on the Registration selection notice. The employer must submit a DOL-certified LCA (explained above) along with Form I-129.

• Upon approval of the Form I-129, the prospective worker, if inside the US, begins working for the employer on October 01.

• Upon approval of the Form I-129, the prospective worker, if outside the U.S., applies for visa/admission at the US Consulate.

After the employer-submitted Form I-129 is approved (along with the LCA), the prospective foreign worker who is outside the U.S. must apply for an H-1B visa (if required) and/or entry at a U.S. embassy or consulate. Regardless of the visa requirement, prospective H-1B workers must apply for entry into the U.S. in H-1B classification with the USCIS.

1. U.S. Worker Notification

Notice must be given to U.S. workers on or within 30 days before the date the employer files the LCA (Form ETA 9035 and/or ETA 9035E) with the DOL. This notice must include:

• The number of H-1B non immigrants the employer is seeking to employ;

• The occupational classifications in which the H-1B non immigrants will be employed;

• The wages offered;

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• The period of employment;

• The locations at which the H-1B non immigrants will be employed; and

• The following statement:

“Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.”

This worker notification must be done in one of the following ways:

• Union notice:
  When there is a collective bargaining representative for the occupation in which the H-1B worker will be employed, the employer must provide such notice to that collective bargaining representative via a copy of the LCA or other document which includes all items listed above;

When there is no bargaining representative, the employer must provide the items listed above either by:

• Hardcopy worksite notice:
  Posting the notice of the filing of the LCA (or the information therein) at two conspicuous locations at the place of employment for 10 days; or

• Electronic notice:
  Electronically providing the notice of the filing of the LCA to all workers at the place of employment for 10 days.

How must electronic posting be done?

If an employer chooses to provide notice electronically, this notice may be provided by individual e-mail messages, by posting on an appropriate electronic bulletin board, or by other appropriate methods.

What posting is required when the H-1B employer, after filing the LCA, places an H-1B worker at a worksite not contemplated at the time of its filing?

Notice must be given to the workers at the new worksite in the manner described above. The posting must be accomplished on or before the date the H-1B worker begins work.

2. H-1B Worker Notification

The employer must give a copy of the LCA to each H-1B worker no later than the date he/she reports to a permanent place of work.