[Information][Visa] H-1B Visa: 'Your Employer Must Do All The Paperwork'

The H-1B visa is considered the most desired visa, worldwide. Yet with a limit of 65,000 per year, the United States government is often forced to choose between equally worthy, qualified candidates.

So how can you best align yourself to secure an H-1B visa? What are the inside tips and information you need?

How can you start a job search that will end in an H-1B visa and employment in America?

Arun Vakil says, Greetings to all aspirants of H-1B visa to the US. I call it "Happiness No. 1 for Bhartiyas" (Indians), who are eligible and seek temporary employment in America. Out of 65,000 annual quotas available for this category, 6,800 are given to Singapore and Chile under agreement with the US. This means really speaking, 58,200 visas are available for rest of the world and nearly half of this are taken by Indian IT professionals since last 5 years or more. A total of 43,167 H1-B visas were issued to Indians in the US fiscal year 2006 which ended on September 30, 2006. US Government introduced another 20,000 H-1B visas for students graduating from the US universities annually since last couple of years and this too has about half filled with Indians. Indian IT professionals are on roll and those who fit into "Specialty Occupation" as defined by law, can rock in America. The quota is offered according to US fiscal year October 1 to September 30. This means that 2009 quota will be distributed effective October 1, 2008

First, find a job. The employer actually needs to do the paperwork. If you are the employer, hire an attorney. The steps to getting an H-1B are as follows:

1. The employer requests a prevailing wage determination. The official way is to use your state's employment agency. For instance, in California, this would be EDD. You can also use other published wage surveys, but could be fined if DOL later finds that the wage was too low.

2. The employer applies for a Labor Condition Attestation (also known as LCA). If you apply for it on the Department of Labor Web site , you will usually get an approval in a matter of minutes. You can also apply by mail, but this will take several weeks - why wait. The LCA also has the requirement that it must be posted publicly, or filed with a collective bargaining organization.

3. You collect your diploma and transcript. If it is not a US diploma, you need to get a credential evaluation. If it is not in English, it needs to be translated. It is permitted for you to do both yourself, but of course is generally preferable to use an credential evaluator and translator.

4. The employer fills out form I-129 (the petitions) and files it with USCIS. If you are in the US (for instance as a student), this must happen before your previous status expires. One of the questions asked on that form is for a US consulate abroad. Be sure to specify one that actually is authorized to issue non-immigrant visas. In most countries, only one or two consulates do. You may also consider filing form I-907 along with the I-129. This form requests premium processing and guarantees a response from USCIS within fifteen days. Don't forget to also apply for a change of status to H-4 for family members (form I-539)! Also remember never to include original documents with the I-129! The only exception is the original LCA; you must include this as original. Make sure you keep copies of everything you send to USCIS, and send it by certified mail, return receipt requested.

5. When the H-1B petition is approved, the next step varies. o If you are inside the US, look at the approval notice. If the bottom part is a detachable I-94, tear it off and staple it to the I-94 that you have in your passport. This I-94 indicates that USCIS changed your status. Note that you don't have a visa . You are done and continue to be legally in the US. Be aware that this H-1B status is good only until your next trip outside the US (Canada and Mexico are usually OK). At that point, you will need a visa to return. o If you are inside the US and there is NO I-94 attached, you need to leave immediately. Then follow the same procedure as described in the next option. o If you are outside the US, go to a US consulate in your home country (preferably the one that your employer specified on form I-129) and apply for a visa. The exact procedure varies; check the consulate's Web site for the local procedures.

Source/Credit: Arun Vakil