Immigrant.com
Everything you need to know about Filing an H1B Visa Application
How to apply for and obtain the H1B Visa
Temporary Visa for Professional Workers
Compiled and edited by the staff at H1 Base, Inc.
Published by:
H1 Base, Inc.
111 2nd Ave NE, Suite 306
St Petersburg, Florida 33701
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Copyright 2009 by H1 Base, Inc.
Printed in the United States of America
Disclaimer
The purpose of this kit is to provide interested individuals with a basic understanding of the rules
and regulations concerning U.S. Immigration procedures. It is sold with the understanding that the
publisher and authors are not engaged in rendering legal or other professional services in this
book, only in sharing information in regard to the subject matter covered. If legal or expert
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be mistakes, either typographical or in content. In addition, this kit contains information U.S.
immigration procedures only up to the printing date. The rules and regulations change frequently.
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Table of Contents
Table of Contents
Introduction 7
Overview
Procedure – Applying for a New H1B Visa
Procedure – Applying for a Transfer of an H1B Visa
Procedure – Applying for the Renewal / Extension of an H1B Visa
How the USCIS determines which applications it approves For Employers
Step 1: Obtaining the Required Supporting Documents 15
Required Documents from Employer
Required Documents from the Foreign National
How to obtain an Academic Evaluation
Step 2: Obtaining the Prevailing Wage 17
How to Obtain the Prevailing Wage from the USDOL ETA Website or other published sources.
How to Obtain the Prevailing Wage from the SWA
What is the Prevailing Wage Request Form?
State Workforce Agency (SWA) Prevailing Wage Address, Telephone and Fax List
Step 3: Completing the Labor Condition Application 25
The LCA Fax Back System
The Electronic Filing LCA
Three Digit Occupational Group Codes
Step 4: Completing the USCIS Form I-129 38
What is the USCIS Form I-129?
Completing the Form I-129
Filing Fees for the Form I-129
USCIS Instructions for Form I-129
Step 5: Completing the H Classification Supplement to Form I-129 47
What is the H Classification Supplement to Form I-129?
Completing the H1B Data Collection and Filing Fee Exemption
Supplement Form
Step 6: Completing the H1B Data Collection and Filing Fee Exemption Supplement Form 49
What is the H1B Data Collection and Filing Fee Exemption Supplement Form?
Completing the H1B Data Collection and Filing Fee Exemption Supplement Form
Step 7: Writing the Cover Letter 52
What should the Cover Letter contain?
Sample Cover Letter
Step 8: Sending the Application to the USCIS 55
Instructions for mailing the H1B Visa Application to the USCIS
USCIS Regional Service Center Address and Telephone List
Step 9: Receiving the USCIS Form I-797 Notice of Receipt 57
What is the USCIS Form I-797 Notice of Receipt?
Step 10: What to do if you receive a Request for Additional Evidence 58
What is a Request for Additional Evidence?
How to Answer a Request for Additional Evidence
Sample Cover Letter for Request for Additional Evidence
Step 11: Receiving the Approval Notice 62
If the Foreign National is in the U.S.
If the Foreign National is outside the U.S.
What to do if the Petition is Denied 64
How to Appeal the Denial
How to Renew your H1B Visa 65
How to Apply for a Green Card 66
Applying for a Green Card by Labor Certification
Applying for a Green Card by Marriage to a U.S. Citizen
Applying for a Green Card by National Interest Waiver / Extraordinary Ability
How to Obtain the H-4 Visa for Spouse and Children of H1B Visa Holders 69
Introduction
Overview – The H1B Visa
DESCRIPTION
Employers in the United States that wish to employ foreigners in professional positions
for “specialty occupations” may file petitions with the USCIS requesting H1B status
for these foreigners.
The temporary professional visa (H1B) allows professionals to enter the United States
and accept temporary employment within their profession.
This visa is often utilized by engineers, business professionals, nurses, professors, researchers, computer programmers and other professionals as a means to gain valuable work experience in the United States.
The visa is subject to annual quota restrictions and is often sought by foreign nationals
who have completed their professional training either in the United States or abroad.
ADVANTAGES
Permission to Work
Allows professionals to enter the United States and accept employment in a professional
capacity for a temporary period.
Earnings
The professional is allowed to receive a salaried income from the employer.
Duration
The H1B visa is granted in increments not to exceed a total stay of six years.
Spouses & Children
Spouses and children under twenty-one years of age may be entitled to remain in the
United States for the duration of the H1B visa holder's authorized stay.
They are issued H-4 visas and are not permitted to work as H-4 visa holders.
• Dependants are Permitted To Attend School or College.
Introduction
The spouse and children under twenty-one years of age are permitted to attend school on
their H-4 visa status.
Multiple Employers
More than one H1B visa petition may be in effect simultaneously, allowing the H1B
temporary professional to work for two employers during the same time period.
REQUIREMENTS
Professional
The applicant must possess the appropriate academic degree or equivalent by experience
through progressively responsible positions.
If the applicant possesses a foreign degree, the Immigration Service may require a
credential evaluation.
Employment
There must be an employer in the United States offering the professional employment.
The offer of employment must be to perform services within a "specialty occupation"
which requires theoretical and practical application of a body of highly specialized
knowledge and a bachelor's or higher degree in the specific specialty as a minimum
for entry into the occupation.
The offer of employment may be for full or part time employment.
Licensure
Where licensure is required to practice a profession, the applicant must hold appropriate
licensure under state law.
Employer
The employer must complete the Labor Condition Application procedure with the United
States Department of Labor.
The Department of Labor must approve the employers Labor Condition Application.
Introduction
The employer must agree to pay transportation cost if the employer terminates
employment prior to the end of the authorized employment.
Petition Approval
Until the USCIS approves the employer’s petition, the H1B visa may not be issued.
LIMITATIONS
No Work Prior to Approval
Employment may not begin until the Immigration & Naturalization Service has issued its
approval and the appropriate visa issued.
Changing Employers
Employers may be changed during the six-year H1B visa duration. Per Section 105 of
AC21, the employee may begin work for the new employer as soon as the H1B
Transfer petition has been filed with USCIS.
Quota
The H1B visa (specialty occupation) is subject to an annual numerical quota, currently
65,000. Click here for Quota Updates.
Spouse & Children Not Allowed to Work
The spouse and children of the H1B visa holder are not permitted to work.
Permanent Residence
An employer may file a Labor Certification Application and Green Card Application for
an individual who is currently in H1B status.
Introduction
Procedure – Applying for a New H1B Visa
Obtain the Prevailing Wage. Click here:
http://www.flcdatacenter.com/OesWizardStart.aspx
When you receive the prevailing wage, obtain the Labor Condition Application.
Complete Form ETA – 9035 online: http://www.lca.doleta.gov/ETA_Start.cfm
When you obtain the Certified ETA 9035, complete Forms I-129, H Supplement and I-
129W. File these with the Required Supporting Documents at USCIS Regional
Service Center for your state.
Include the filing fees of (make check out to USCIS – staple to I-129):
$320 – for I-129 Filing fee (check can be separate or added to Education and Training
Fee)
$1,500 - H1B "Education and Training Fee" for each H1B petition filed for a new
employer, change of employer, and first extension for an existing employer.
Employers with fewer than 25 full time employees (including U.S. affiliates and
subsidiaries) pay $750. (check can be separate or added to I-129 Filing Fee)
$500 – for Anti Fraud Fee (separate check)
The following employers are exempt from the "Education and Training Fee":
1. Institutions of higher education and related or affiliated non-profit organizations;
2. Non-profit and governmental research organizations;
3. Any employer who is filing for a second extension of stay for an H1B
nonimmigrant;
4. Primary or secondary education institutions; and
5. Nonprofit entities which are engaged in "established curriculum-related clinical
training of students".
Total processing time for approval is approximately 60-90 days from date of filing with
the USCIS.
Premium Processing is 15 days. Add an additional $1,000 check to USCIS and Employer
completes and signs Form I-907.
Introduction
Procedure – Applying for the Transfer of an H1B Visa
Obtain the Prevailing Wage. Click here:
http://www.flcdatacenter.com/OesWizardStart.aspx
When you receive the prevailing wage, obtain the Labor Condition Application.
Complete Form ETA – 9035 online: http://www.lca.doleta.gov/ETA_Start.cfm
When you obtain the Certified ETA 9035, complete Forms I-129, H Supplement and I-
129W. File these with the Required Supporting Documents at USCIS Regional
Service Center for your state.
Include the filing fees of (made check out to USCIS – staple to I-129):
$320 – for I-129 Filing fee (check can be separate or added to Education and Training
Fee)
$1,500 - H1B "Education and Training Fee" for each H1B petition filed for a new
employer, change of employer, and first extension for an existing employer.
Employers with fewer than 25 full time employees (including U.S. affiliates and
subsidiaries) pay $750. (check can be separate or added to I-129 Filing Fee)
$500 – for Anti Fraud Fee (separate check)
The following employers are exempt from the "Education and Training Fee":
1. Institutions of higher education and related or affiliated non-profit organizations;
2. Non-profit and governmental research organizations;
3. Any employer who is filing for a second extension of stay for an H1B
nonimmigrant;
4. Primary or secondary education institutions; and
5. Nonprofit entities which are engaged in "established curriculum-related clinical
training of students".
Total processing time for approval is approximately 60-90 days from date of filing with
the USCIS.
Premium Processing is 15 days. Add an additional $1,000 check to USCIS and Employer
completes and signs Form I-907.
Transfer petitions are NOT subject to the annual quota.
Employees may work for the new company upon filing of the transfer petition with
USCIS. They do NOT have to wait for the filing receipt or the USCIS approval to
begin work for the new employer (Section 105 – AC21).
Introduction
How the USCIS Determines Which Applications it Approves
The USCIS offices are overworked and understaffed. The applications that are approved
the quickest have the following characteristics.
Type the applications whenever possible.
Organize your supporting documents. Use paper clips and binder clips to separate
documents.
More documentation is better than less. More company marketing material, etc.
If your application package is well organized and complete, you will receive a quicker
approval. If your application package is not well organized and not complete, it will take
the USCIS worker longer to sort through your application and determine if it is complete
or not.
Introduction
For Employers
Increased Quota:
The quota is 65,000 for the fiscal year 10/1/2009, plus an additional 20,000 for International students who qualify for the Advanced Degree Exemption quota. Applications are accepted 6 months
prior to the earliest requested start date. 4/1/2009 is the earliest date to file for the 10/1/2009
start date.
USCIS Fees:
$320 – for I-129 Filing fee
$500 – for Anti Fraud Fee
$1,500 - H1B "Education and Training Fee" for each H1B petition filed for a new
employer, change of employer, and first extension for an existing employer.
Employers with fewer than 25 full time employees (including U.S. affiliates and
subsidiaries) pay $750.
The following employers are exempt from the "Education and Training Fee":
1. Institutions of higher education and related or affiliated non-profit organizations;
2. Non-profit and governmental research organizations;
3. Any employer who is filing for a second extension of stay for an H1B
nonimmigrant;
4. Primary or secondary education institutions; and
5. Nonprofit entities which are engaged in "established curriculum-related clinical
training of students".
Employers Must Offer Equal Access to Benefits:
Employers must offer H1B employees the same access to benefits that are offered to
similarly employed U.S. workers.
Step 1: Obtaining the Required Supporting Documents
Document Check Here
Required Documents From the Employer:
1) A letter from the employer containing the Job Title,
Salary Offered and a Detailed Job Description. ___________
2) A Company Brochure and/or any marketing material. ___________
3) A copy of Previous Years Financials or Annual Report. ___________
4) Copy of Articles of Incorporation (if available). ___________
5) Copy of Office Lease (if available). ___________
Required Documents – From the Alien (Beneficiary):
6) Copy of all printed pages of Passport, current visa (if in the U.S.) &
I-94 ___________
7) Copy of Resume of beneficiary. ___________
8) If beneficiary is in F-1 status, include copy of F-1 visa, I-20 and
EAD Card ___________
9) One of the following:
Copy of alien’s U.S. Baccalaureate (or higher) degree, or ___________
Copy of foreign degree and evidence that it is equivalent
to the U.S. degree, or, ___________
Evidence of education and experience which is equivalent to the
required U.S. degree. ___________
10) Copies of transcripts from university degrees. ___________
11) Copies of letters of experience from previous employers. ___________
12) Copies of 3 most recent paychecks if worker is currently on
an H1B Visa. ___________
Required Document Checklist
Obtaining an Academic Evaluation
If the alien’s University Diploma is from a foreign (non-U.S.) University, the alien
should have an academic evaluation completed to prove to the USCIS that he or she has
at least the equivalent of a U.S. Bachelor Degree in the appropriate field.
Typically, a foreign degree is not the equivalent of a U.S. Degree. For example, it might
take a Bachelor of Science Degree in Computer Science and a Master Degree in
Computer Science from a University in India to be the equivalent of a U.S. Bachelor of
Science Degree in Computer Science.
Work Experience
3 years of relevant work experience is the equivalent of 1 year of University for the
purpose of the academic evaluation.
The academic evaluation agency we use and recommend is:
www.thedegreepeople.com
Step 2: Obtaining the Prevailing Wage
What is the Prevailing Wage Request Form?
The prevailing wage request form is used to obtain the prevailing wage for the job title,
job duties, minimum experience, education and training that you specify.
You will need the prevailing wage to enter on the ETA 9035.
Step 2: Obtaining the Prevailing Wage
How to obtain the Prevailing from Published Sources
Prevailing Wage Source:
The U.S. Department of Labor: http://www.flcdatacenter.com/OesWizardStart.aspx
Step 2: Obtaining the Prevailing Wage
How to obtain the Prevailing from the State Workforce Agency
Call, fax or write the Prevailing Wage office in the State that the job will be located in.
Complete the Prevailing Wage form using the Job Title and Job Description from the:
Dictionary of Occupational Titles
U.S. Department of Labor
Employment and Training Administration
This can be found at most libraries or on the Internet at:
http://www.oalj.dol.gov/libdot.htm
Fax or mail the completed Prevailing Wage Request form to the fax number or address
on the Prevailing Wage Request Form.
Within 4 weeks, you will receive the prevailing wage for the Job Title and Job Duties that
you specified.
This information is then transferred to the Form ETA-9035, the Labor Condition
Application.
Step 2: Obtaining the Prevailing Wage
State Prevailing Wage Address, Telephone and Fax List
Alaska
Alaska Department of Labor
Prevailing Wage Unit
Attn: Cora Miller
P.O. Box 25501
Juneau, AK 99802-5501
Phone (907) 465-5956 Fax: (907) 465-5558
Alabama
Alabama State Employment Service
Industrial Relations Building Room 246
649 Monroe Street
Montgomery, AL 36131
Phone (334) 242-8039 Fax: (334) 242-8585
Arizona
Arizona Department of Economic Security,
AEC Prevailing Wage Unit,
P.O. Box 6123,
Site Code 730A,
Phoenix, AZ 85005
Phone (602) 542-2264 Fax: (602) 542-2110
Arkansas
Arkansas Employment Security Department,
P.O. Box 2981,
Attn: Prevailing Wage Specialist,
Little Rock, Arkansas 72203.
Phone (501) 682-3129, (501) 682-3123
Fax: (501) 682-3144
California
Prevailing Wage Specialist,
Prevailing Wage Unit,
P.O. Box 826216,
PWU-1, Sacramento, CA 94299-0027.
Fax: (916) 262-2500
Colorado
State of Colorado,
Department of Labor and Employment,
Mr Wilbur Sanchez,
Labor Certification, Tower 2, Suite 400,
1515 Arapahoe Street,
Denver, CO 80202-2117
Phone (303) 620-4206 Fax: (303) 620-4257
Connecticut
State of Connecticut,
Alien Labor Certification Unit,
200 Folly Brook Boulevard,
Wethersfield, CT 06109.
Fax: (203) 566-6700
Delaware
Delaware Department of Labor
Division of Employment and Training
P.O. Box 9828
Wilmington, DE 19809-0828
Fax: (302) 761-6598
Florida
Florida Department of Labor and
Employment Security,
Bureau of Labor Market Information,
Hartman Building, Suite 200, 2012
Capital Circle,
Southeast Tallahassee, FL 32399-2151
Phone (904) 488-1048, Fax: (904) 921-0776
Georgia
Alien Certification Unit,
Suite 450, Sussex Place,
148 International Blvd.,
N.E. Atlanta, GA 30303-1751
Phone (404) 656-3163. Fax: (404) 656-3039
Hawaii
State of Hawaii Department of Labor
and Industrial Relations,
Workforce Development Division,
830 Punchbowl Street, Room 112,
Honolulu, HI 96813
Phone (808) 586-8708, Fax: (808) 586-8724
Idaho
Prevailing Wage Specialist,
Research and Analysis Bureau,
Idaho Department of Labor,
317 Main Street, Boise, ID 83735.
Phone (208) 334-6174 Toll Free 1800-772-2553 Fax: (208) 334-6455
Illinois
Illinois Department of Employment Security
401 South State Street
Chicago, Illinois 60606
Phone (312) 793-5589 Fax: (312) 793-5151
Indiana
Indiana Department of Workforce
Development,
Alien Labor Certification Unit,
10 N. Senate Avenue,
Indianapolis, Indiana 46204-2277
Phone (317) 232-7187 Fax: (317) 233-1884
Iowa
James D. Gillaspey,
LMI Bureau. Iowa Workforce
Development,
1000E. Grand Ave,
Des Moines, IA 50319-0209
Fax: (515) 281-8203
Kansas
Alien Employment Certification Unit,
Kansas Department of Human
Resources,
401 SW Topeka Blvd,
Topeka, KS 66603-3182
Phone 785-291-3470. Fax: 785-296-1458
Kentucky
Department for Employment Services
Division for Field Services
275 East Main Street
2W, Frankfort, Kentucky 40621
Fax: (502) 564-7459
Louisiana
LA. Department of Labor,
ALC Unit, 3rd Floor Annex,
P.O. Box 94094,
Baton Rouge, LA 70804-9094.
Fax: 504-342-3367
Maine
Bureau of Employment Services,
55 State House Station,
(Hallowell Annex),
Augusta, Maine 04333.
Phone (207) 624-6487. Fax: (207) 624-6499
Maryland
Alien Labor Certification,
1100 North Eutaw Street,
Room 212,
Baltimore, Maryland 21201
Fax: (410) 767-2060
Massachusetts
Labor Certification Unit,
19 Staniford Street,
Boston, MA 02114.
Phone (617) 626-6577, Fax: (617) 727-5981
Michigan
Michigan Employment Security
Commission,
Alien Labor Certification Unit,
7310 Woodward Avenue, Rm. 415,
Detroit, Michigan 48202
Minnesota
Alien Certification Unit,
390 North Robert Street,
St. Paul, MN 55101
Fax: (612) 296-3488
Mississippi
Mississippi Employment Security
Commission,
Attn: Jim Harrell.
P.O. Box 1699,
Jackson, Mississippi 39215-1699
Phone (601) 961-7529 Fax: (601) 961-7516
Missouri
Missouri Division of Employment
Security
P.O. Box 59
Jefferson City, MO 65104
Phone (573) 751-3624 Fax: (573) 751-4088
Montana
Montana Department of Labor and
Industry,
Attn: Bob Schleicher,
P.O.Box 1728,
Helena, MT 59624.
Fax: (406) 444-2638
Nebraska
State of Nebraska Department of Labor
Alien Labor Certification Unit
550 South 16th Street
Lincoln, Nebraska 68509
Attn: Bernard Childerston
Fax: (402) 471-2318
Nevada
State of Nevada- Employment Security
Division,
Employer Service Office- Alien
Certification Unit,
70 West Taylor, Suite 200,
Reno, Nevada 89509.
Phone (702) 688-1249 Fax: (702) 688-1370
New Hampshire
Labor Certification Unit,
South Main Street,
Concord, NH 03301-4857.
Phone 603-224-3311, Fax: 603-229-4321
New Jersey
Office of Alien Labor Certification – NJ
Department of Labor,
P.O. Box 053,
Trenton, N.J. 08625-0053
Fax: (609) 777-3570
New Mexico
New Mexico Department of Labor,
Attn. ER&A – Wage Info- Herb
Greenwall,
P.O. Box 1928,
Albuquerque, NM 87103.
Phone (505) 841-8643. Fax: (505) 841-9007
New York
New York State Department of Labor,
Alien Employment Certification Office,
Post Office Box 703,
New York, NY 10014-0703.
Fax: 212 352-6714
North Carolina
Employment Security Commission of
North Carolina,
Applicant Services Unit,
P.O. Box 27625,
Raleigh, NC 27611.
Phone (919) 733-4896 Fax: (919) 733-3010
North Dakota
Job Service North Dakota
Attention Research and Statistics,
P.O. Box 5507,
Bismarck, North Dakota 58506-5507.
Voicemail: 701-328-3048 Fax: 701-328-4193
Ohio
Ohio Bureau of Employment Services
Attn. Alien Labor Certification,
145 S Front St.,
Columbus, Ohio 43215.
Fax: (614) 728-6031
Oklahoma
Oklahoma Employment Security
Commission,
Will Rogers Memorial Office Building,
P.O. Box 52003, Oklahoma City,
Oklahoma 73152,
Attention Prevailing wage Unit- Room
305.
Voice (405) 557-7233. Fax: (405) 525-0139
Oregon
Oregon State Employment Department
875 Union Street NE
Salem, OR 97311
Attn: Mary Wood
Phone (503) 947-1244 Fax: (503) 947-1210
Pennsylvania
Department of Labor and Industry
Bureau of Employment Services and
Training
L & I Building, 7th and Forster Streets
Room 1301
Harrisburg, PA 17120
Phone (717) 787-4763 Fax: (717) 787-0517
Rhode Island
Rhode Island Department of
Employment and Training
101 Friendship Street
Providence, RI 02903
Phone: (401) 222-3702, Fax: (401) 222-3744
South Carolina
E&T Technical Services,
ALC-PW, P.O. Box 1406,
Columbia, SC 29202.
Fax: 803-737-0140. Phone (803) 737-2588
South Dakota
South Dakota Department of Labor,
Alien Labor Certification Unit,
420 South Roosevelt Street,
P.O. Box 4730, Aberdeen, SD 57402-4730
Phone (605) 626-2302 Fax: (605) 626-2322
Tennessee
Alien Labor Certification Unit,
Job Service Program and Technical
Support,
TN Dept of Employment Security,
Nashville, TN 37245-1200
Texas
Texas Employment Commission,
Austin, Texas, 78778.
Phone 1800 252-9924. 512-475-3473,
Fax: 512-475-2570
Utah
Prevailing Wage Unit,
Labor Market Information Services,
P.O. Box 45249,
Salt Lake City, UT 84145-0249.
Fax: (801) 536-7869
Vermont
Vermont Department of Employment
and Training,
P.O. Box 488,
Montpelier, VT 05601-0488,
Attn: Terry LaManna.
Fax: (802) 828-4374
Virginia
Virginia Employment Commission,
Economic Information Services,
Prevailing Wage Unit,
P.O. Box 1358,
Richmond, VA 23211
(804) 786-9948 (804) 225-4335. Fax:
(804) 786-2976 TDD (804) 371-8050
Washington
Wage Unit, LMEA,
Employment Security Dept., MS: KG-
11,
Olympia, WA 98504
Phone (206) 438-4809, Fax: (206) 438-4846
Washington DC
Prevailing Wage Unit,
500 C St. NW, Room 323, Washington, DC 20001
West Virginia
Bureau of Employment Programs,
Cost Center 5206,
112 California Ave,
Charleston, West Virginia, 25305-0112
Phone (304) 558-2850 Fax: (304) 558-6446
Wisconsin
DWE- Alien Labor,
P.O. Box 7972;
Madison, WI 53707-7972
Fax: 608/261-8506
Hand deliver 201E. Washington Ave,
Rm. 211X, Madison, WI
Wyoming
Wyoming Department of Employment
Employment Resources Division
Fax: (307) 235-3293
Attn: Jan Wilson
Step 3: The Labor Condition Application
The LCA Online System:
http://www.lca.doleta.gov/ETA_Start.cfm
Step 3: The Labor Condition Application
INSTRUCTIONS FOR COMPLETING FORM ETA 9035
LABOR CONDITION APPLICATION FOR H1B NONIMMIGRANTS
Employers seeking to hire H1B non-immigrants in specialty occupations or as fashion
models of distinguished merit and ability must submit the completed and dated original
Form ETA 9035 to the designated certifying officer in the Department of Labor
(Department or DOL), Employment and Training Administration (ETA) Application
Processing Center.
Labor condition applications should be submitted to an ETA Application Processing
Center via facsimile transmission (FAX to 1-800-397-0478) or via mail to P.O. Box
13640 * Philadelphia, PA * 19101.
If the application is submitted by FAX, the application containing the original signature
shall be maintained by the employer.
An application which is complete and has no obvious inaccuracies will be certified by the
Department and returned to the employer, who may then file it in support of its petition
for an H1B nonimmigrant with the United States Citizenship and Immigration
ServiceUSCIS (USCIS).
The completed form will be electronically scanned. To ensure the accuracy of readability
and avoid rejections, it is preferred that the form be completed using the ETA 9035
program available from the U.S. Department of Labor's web site at http://ows.doleta.gov.
If you hand write the form, print legibly in ink using a medium to thick pen. Print only in
CAPITAL LETTERS and avoid contact with the edge of the boxes.
If you use a typewriter to complete the form, use a font equivalent to 12-14 pt. Center
each letter in the box and use only CAPITAL LETTERS. Be sure to sign and date the
form.
Instructions for Section A - Employers Information
1. Return Fax Number: If you want the application to be returned via facsimile
transmission, enter the fax number, area code first, to which you want the Department to
send the final determination on the application. This may be the fax number of a person
or entity other than the employer (e.g., an attorney or agent). If you want the application
mailed, leave the Return Fax Number blank.
2. Employer's Full Legal Name: Enter the full legal name of the business, firm, or
organization, or, if an individual, enter the name used on legal documents. Some
abbreviation may be required for long names.
3. Employer's Address: Enter the address of the employer's principal place of business.
4. Employer's City, State, and Zip/Postal Code: Self – Explanatory
5. Employer's EIN Number: Enter the employer's Federal Employer Identification
Number (EIN) (assigned by the Internal Revenue Service) (9 digits).
6. Employer's Phone Number and Extension: Enter the phone number, area code first,
and extension, as appropriate, of the hiring or other designated official listed in Section
H.
Instructions for Section B - Rate of Pay
1. Wage Rate (or Rate From) (Required): Enter the wage rate to be paid to H1B
nonimmigrants. If the wage offer is expressed as a range, enter the bottom of the wage
range to be paid.
2. Rate Up To (Optional): Enter the top of the wage range to be paid to H1B
nonimmigrants.
3. Rate is Per: Enter whether the rate of pay is in terms of per year, month, two weeks,
week, or hour.
4. Is this position part-time? Mark "Yes" or "No". If the position is part-time, the
employer attests that the H1B nonimmigrant(s) supported by the LCA will not regularly
work more than the number of hours indicated (which may be a range of hours) on the
USCIS Form(s) I-129 filed for the nonimmigrant(s). Note: All H1B nonimmigrants
under the LCA must be part-time if question 4 is marked "Yes"; all H1B
nonimmigrants must be full-time if question 4 is marked "No".
Instructions for Section C - Period of Employment and Occupation Information
1. Begin Date: Enter the beginning date (month, date, and 4 digit year) on which the H-
1B nonimmigrant(s) will be employed under this application. For example, June 5, 2000
would be entered as 06-05-2000.
2. End Date: Enter the end date (month, date, and 4 digit year) on which the H1B
nonimmigrants will be employed. For example, June 5, 2000 would be entered as 06-05-
2000.
3. Occupational Code: Enter the 3 digit code from Appendix 1 which most clearly
describes the occupation to be performed.
4. Number of H1B non-immigrants: Enter the number of H1B non-immigrants that will
be employed under this application. Use only numerals. Do NOT spell out the number:
e.g., enter "001," not "ONE".
5. Job Title: Self – Explanatory
Instructions for Section D - Information relating to Work Location for the H1B nonimmigrant
1. City and State: Enter the city and state of the physical location where the work will
actually be performed. See definition of "place of employment" in 20 CFR 655.175 and
regulation concerning short-term placement in 20 CFR 655.735.
2. Prevailing Wage: Enter the prevailing wage rate. If the position is part-time, enter the
prevailing wage on an hourly basis.
3. Wage is Per: Enter whether the prevailing wage is expressed in terms of per year,
month, two weeks, week, or hour.
4. Wage Source: If the employer is relying on a wage determination obtained from a State
Employment Security Agency, mark the SESA box. If the employer is using a collective
bargaining agreement, mark that box. If the employer is using another source, mark the
"Other" box and specify such other source in the space provided (question 6). This other
source must be an appropriate survey. It may NOT be an established pay scale which has
not been negotiated.
5. Year: Enter the 4 digit year in which the "other source" wage survey was published.
6. Other Wage Source: Enter the name of the published wage survey or other source used
to determine the prevailing wage: e.g., "BLS Occupational Compensation Survey,
Denver," "employer-conducted survey," etc. Any "other source" survey must meet all the
criteria set forth in 20 CFR 655.731 (b) (3) (iii) (B) or (C), as appropriate.
Instructions for Section D - Subsection A - Information for Additional or
Subsequent Work Location - Subsection A of Section D is only necessary if filing for
more than one location
If H1B nonimmigrants are to be employed concurrently or sequentially in more than one
location, fill out Subsection A using the instructions listed above for Section D.
Instructions for Section E - Employer Labor Condition Statements
The employer must read and agree to statements (1) through (4) below and demonstrate
that agreement by marking "Yes" in Section E of Form ETA 9035 and by signing the
application form. The employer agrees to develop and maintain documentation
supporting labor condition statements (1) and (4) as specified in 20 CFR 655.731 and
655.734, and to make this documentation available to DOL officials upon request. The
employer also agrees to make available for public examination a copy of the labor
condition application and necessary supporting documentation as specified in 20 CFR
655.760 within one (1) working day after the date on which the application has been filed
with DOL. This documentation must be retained for public examination at the place of
employment or the employer's principal place of business, as specified in Item G.
1. Wages: The employer attests that H1B nonimmigrants will be paid wages which are at
least the higher of the actual wage level paid by the employer to all other individuals with
similar experience and qualifications for the specific employment in question or the
prevailing wage level for the occupational classification in the area of intended
employment. By marking "Yes" in section E of the Labor Condition Application for H-
1B nonimmigrants (Form ETA 9035), the employer also attests that it will pay H1B
nonimmigrants the required wage for time in nonproductive status due to a decision of
the employer or due to the H1B nonimmigrant's lack of a permit or license. The
employer further attests that H1B nonimmigrants will be offered benefits and eligibility
for benefits on the same basis, and in accordance with the same criteria, as offered to U.S.
workers. See 20 CFR 655.731.
2. Working Conditions: The employer attests that the employment of H1B
nonimmigrants in the named occupation will not adversely affect the working conditions
of workers similarly employed. The employer further attests that H1B nonimmigrants
will be afforded working conditions on the same basis, and in accordance with the same
criteria, as offered to similarly employed U.S. workers. See 20 CFR 655.732.
3. Strike, Lockout, or Work Stoppage: The employer attests that on the date the
application is signed and submitted there is not a strike, lockout, or work stoppage in the
course of a labor dispute in the named occupation at the place of employment and that, if
such a strike, lockout, or work stoppage occurs after the application is submitted, the
employer will notify ETA within three (3) days of such occurrence and the application
will not be used in support of a petition filing with USCIS for H1B nonimmigrants to
work in the same occupation at the place of employment until ETA determines the strike,
lockout, or work stoppage has ceased. See 20 CFR 655.733.
4. Notice: The employer attests that as of the date of filing, notice of the labor condition
application has been or will be provided to workers employed in the named occupation.
Notice of the application shall be provided to workers through the bargaining
representative, or where there is no such bargaining representative, notice of the filing shall
be provided either through physical posting in conspicuous locations where
H1B nonimmigrants will be employed, or through electronic notification to employees
in the occupational classification for which H1B nonimmigrants are sought. The
employer also attests that each H1B nonimmigrant employed pursuant to the
application will be provided with a copy of the certified Form ETA 9035, and provided
with a copy of ETA 9035CP if requested. This notification shall be provided no later than
the date the H1B nonimmigrant reports to work at the place of employment. See 20 CFR
655.734.
Instructions for Section F - Subsection 1 - Additional Employer Labor Condition
Statements
Notice To Employers: If an employer is or becomes H1B dependent or is found to have
committed a willful violation or a misrepresentation of a material fact, any labor
condition application for H1B nonimmigrants that was certified by the Department of
Labor prior to January 19, 2001 will be deemed invalid and may not be used in support of
a new petition or an extension of a petition for an H1B non-immigrant.
Please Note: The determination as to whether an employer is H1B dependent is a
function of the number of H1B nonimmigrants employed as a proportion of the total
number of full-time equivalent employees employed in the U.S.
The following table can be used to determine whether the employer is or is not H1B
dependent:
An employer is H1B dependent if it employs in the U.S.:
An Employer is H1B Dependent if it employs in the U.S.:
(Total # of Full Time Workers): # of H1B Workers:
1 to 25 8 or more
26 to 50 13 or more
51 or more 15% or more of workforce
See 20 CFR 655.736 for more detailed guidance as to what constitutes an "H1B
dependent employer" or a "willful violator".
False statements are subject to Federal criminal penalties, as stated above. Failure to meet
a condition of the application or misrepresentation of a material fact may result in civil
money penalties, debarment, and other appropriate relief.
All employers are required to choose one of the following alternatives. Please note the
alternative chosen by marking A, B, or C in section F - Subsection 1 of the Labor
Condition Application for H1B nonimmigrants (Form ETA 9035).
Alternative A - The employer is not H1B dependent (as defined above) and has not been
found to have committed a willful violation or a misrepresentation of a material fact
during the five (5) year period preceding the date of this application (and after October
20, 1998). The employer agrees to maintain the documentation required by 20 CFR
655.736 where applicable.
If an employer chooses Alternative A and is or becomes H1B dependent or was found,
prior to the date of filing, to have committed a willful violation or a misrepresentation,
the submitted labor application shall be deemed invalid and may not be used in support of
a new petition or extension of a petition for an H1B nonimmigrant. By choosing
Alternative A, the employer also acknowledges that if it uses this application despite its
invalidity, it is required to comply with the Additional Employer Labor Condition
Statements in Section F - Subsection 2.
Alternative B - The employer is an H1B dependent employer and/or the employer has
been found during the five (5) year period preceding the date of this application (and after
October 20, 1998) to have committed a willful violation or a misrepresentation of a
material fact.
If Alternative B is chosen, Section F - Subsection 2 of Form ETA 9035 MUST be
filled out.
Alternative C - The employer is an H1B dependent employer and/or the employer has
been found during the five (5) year period preceding the submittal date of this application
(and after October 20, 1998) to have committed a willful violation or a misrepresentation
of a material fact, BUT the employer will use this labor condition application ONLY in
support of petitions or extensions of status for exempt H1B nonimmigrants who will
receive wages at a rate equal to at least $60,000 per year, or have attained a master's
degree (or equivalent or higher degree) in a specialty related to the employment. The
employer also agrees to maintain documentation required by 20 CFR 655.737.
By Choosing Alternative C, the employer acknowledges that if it uses this application in
support of a petition or extension of a petition of an H1B nonimmigrant who is not
exempt, it is required to comply with the Additional Employer Labor Condition
Statements in Section F - Subsection 2 with respect to all H1B nonimmigrants supported
by this application.
By Choosing Alternative C, the employer acknowledges that if it uses this application in
support of a petition or extension of a petition of an H1B nonimmigrant who is not
exempt, it is required to comply with the Additional Employer Labor Condition
Statements in Section F - Subsection 2 with respect to all H1B nonimmigrants supported
by this application.
All employers (1) that are H1B dependent (as defined above) and/or (2) that have been
found to have committed a willful violation or a misrepresentation of a material fact
during the five (5) year period preceding the date of this application (and after October
20, 1998), must read and agree to statements (A) through (C) below and
demonstrate that agreement by marking "Yes" in Section F - Subsection 2 of Form
ETA 9035 and by signing the application form.
The employer agrees to develop and maintain documentation supporting labor condition
statements (A), (B), and (C) as specified in 20 CFR 655.738 and 655.739 and to make
this documentation available to DOL officials upon request. The employer also
agrees to make available for public examination a copy of the labor condition application
and necessary supporting documentation as specified in 20 CFR 655.760 within one (1)
working day after the date on which the application has been filed with DOL. This
documentation must be retained for public examination at the place of employment or the
employer's principal place of business as identified in Item A. In addition, the employer
agrees to maintain documentation supporting compliance with requirements on:
(A) Displacement: The employer will not displace any similarly employed U.S. worker
within the period beginning 90 days before and ending 90 days after the date of filing a
petition for an H1B nonimmigrant supported by the application. See 20 CFR 655.738.
(B) Secondary Displacement: The employer will not place any H1B nonimmigrant
employed pursuant to this application with any other employer or at another employer's
worksite UNLESS the employer applicant first makes a bona fide inquiry as to whether
the other employer has displaced or intends to displace a similarly employed U.S. worker
within the period beginning 90 days before and ending 90 days after the placement,
and the employer applicant has no contrary knowledge.
If the other employer displaces a similarly employed U.S. worker during such
period, the displacement will constitute a failure to comply with the terms of the
labor condition application and the employer applicant may be subject to civil
money penalties and debarment. See 20 CFR 655.738.
(C) Recruitment and Hiring: Prior to filing any petition for an H1B nonimmigrant
pursuant to this application, the employer took or will take good faith steps meeting
industry-wide standards to recruit U.S. workers for the job for which the nonimmigrant is
sought, offering compensation at least as great as required to be offered to the H1B
nonimmigrant. The employer will (has) offer(ed) the job to any U.S. worker who (has)
applied and is equally or better qualified than the H1B nonimmigrant. See 20 CFR
655.739.
This labor condition statement "C" does not apply to the employment of an H1B
nonimmigrant who is a "priority worker" (defined as a person with extraordinary ability,
or outstanding professors or researchers, or certain multi-national executives or
managers) within the meaning of Section 203 (b)(1)(A), (B), or (C) of the Immigration
and Nationality Act, 8 U.S.C. 1153.
Instructions for Section G - Public Disclosure Information
Mark the appropriate circle identifying where documentation concerning this application
will be maintained.
Instructions for Section H - Declaration of Employer
The application must be signed by an official designated by the employer and authorized
by the employer to agree to the statements herein on the employer's behalf.
Instructions for Section I - Contact Information
Enter information in this section only if the person to whom questions regarding this
application should be directed is different from the hiring or other designated official
signing the application on behalf of the employer.
1. Contact First Name and Middle Initial (MI): Self-Explanatory
2. Contact Last Name: Self-Explanatory
3. Contact Phone Number and Extension: Self-Explanatory
Step 3: The Labor Condition Application
Three Digit Occupational Group Codes
Professional, Technical, and Managerial Occupations and Fashion Models
Occupations in Architecture, Engineering, And Surveying
001 Architectural Occupations
002 Aeronautical Engineering Occupations
003 Electrical/Electronics
005 Civil Engineering Occupations
006 Ceramic Engineering Occupations
007 Mechanical Engineering Occupations
008 Chemical Engineering Occupation
010 Mining and Petroleum Engineering Occupations
011 Metallurgy and Metallurgical Engineering Occupations
012 Industrial Engineering Occupations
013 Agricultural Engineering Occupations
014 Marine Engineering Occupations
015 Nuclear Engineering Occupations
017 Drafters
018 Surveying/Cartographic Occupations
019 Other Occupations in Architecture, Engineering, And Surveying
Occupations in Mathematics and Physical Sciences
020 Occupations in Mathematics
021 Occupations in Astronomy
022 Occupations in Chemistry
023 Occupations in Physics
024 Occupations in Geology
025 Occupations in Meteorology
029 Other Occupations in Mathematics and Physical Sciences
Computer-Related Occupations
030 Occupations in Systems Analysis and Programming
031 Occupations in Data Communications and Networks
032 Occupations in Computer System User Support
033 Occupations In Computer System Technical Support
039 Other Computer-Related Occupations
Occupations in Life Sciences
040 Occupations in Agricultural Sciences
Step 3: The Labor Condition Application
Three Digit Occupational Group Codes
041 Occupations in Biological Sciences
045 Occupations in Psychology
049 Occupations in Life Sciences
Occupations in Social Sciences
050 Occupations in Economics
051 Occupations in Political Science
052 Occupations in History
054 Occupations in Sociology
055 Occupations in Anthropology
059 Occupations in Social Sciences
Occupations in Medicine and Health
070 Physicians and Surgeons
071 Osteopaths
072 Dentists
073 Veterinarians
074 Pharmacists
076 Therapists
077 Dieticians
078 Occupations In Medical And Dental Technology
079 Other Occupations in Medicine and Health
Occupations in Education
090 Occupations in College and University Education
091 Occupations in Secondary School Education
092 Occupations in Preschool, Primary School, And Kindergarten
Education
094 Occupations in Education of Persons with Disabilities
096 Home Economists and Farm Advisers
097 Occupations in Vocational Education
099 Other Occupations in Education
Occupations in Museum, Library, And Archival Sciences
100 Librarians
101 Archivists
Step 3: The Labor Condition Application
Three Digit Occupational Group Codes
102 Museum Curators and Related Occupations
109 Other Occupations in Museum, Library, And Archival Sciences
Occupations in Law and Jurisprudence
110 Lawyers
111 Judges
119 Other Occupations in Law and Jurisprudence occupations In Religion and Theology
120 Clergy
129 Other Occupation in Religion and Theology
Occupations in Writing
131 Writers
132 Editors: Publication, Broadcast, And Script
139 Other Occupations in Writing
Occupations in Art
141 Commercial Artists: Designers and Illustrators, Graphic Arts
142 Environmental, Product, And Related Designers
149 Other Occupations in Art
Occupations in Entertainment and Recreation
152 Occupations in Music
159 Other Occupations in Entertainment and Recreation
Occupations in Administrative Specialization’s
160 Accountants, Auditors, And Related Occupations
161 Budget and Management Systems Analysis Occupations
162 Purchasing Management Occupations
163 Sales and Distribution Management Occupations
164 Advertising Management Occupations
165 Public Relations Management Occupations
166 Personnel Administration Occupations
168 Inspectors and Investigators, Managerial and Public Service
169 Other Occupations in Administrative Occupations
Step 3: The Labor Condition Application
Three Digit Occupational Group Codes
Managers and Officials
180 Agriculture, Forestry and Fishing Industry Managers and Officials
181 Mining Industry Managers and Officials
182 Construction Industry Mangers and Officials
183 Manufacturing Industry Managers and Officials
184 Transportation, Communication And Utilities Industry Managers And
Officials
185 Wholesale and Retail Trade Managers and Officials
186 Finance, Insurance, And Real Estate Managers and Officials
187 Service Industry Managers and Officials
188 Public Administration Managers and Officials
189 Miscellaneous Managers and Officials
Miscellaneous Professional, Technical, And Managerial Occupations
195 Occupations in Social and Welfare Work
199 Miscellaneous Professional, Technical, And Managerial Occupations
Sales and Promotion Occupations
297 Fashion Models
Step 4: The USCIS Form I-129
What is the USCIS Form I-129?
The USCIS Form I-129, is completed and signed by the employer.
The I-129 provides the USCIS the following information:
1) Employer Information
2) Alien Information
3) Job Information
The Supplement H provides the following information:
Classification sought
Proposed Duties
The Aliens present occupation and summary of prior work experience.
Step 4: The USCIS Form I-129
Completing the Form I-129
I-129
Part 1: Information about the employer filing the petition.
Part 2: Information about this petition.
Requested Nonimmigrant Classification = H1B1
Basis for Classification
a) Check here if you are NOT currently on an H1B visa.
b) Check here if you are filing for an extension of your H1B visa with
the same organization.
c) Check here if you are transferring your H1B from one organization to
another.
d) Check here if you are on an H1B and you are filing for another
concurrent H1B.
e) Prior Petition = If you checked b, c or d in Basis for Classification, enter your
most recent petition number (It starts with either: EAC, SRC, LIN, or WAC).
Requested Action
a) Check here if the alien is outside the U.S. and needs to pick up the H-
1B visa at the American Consulate.
b) Check here if the person is in the U.S. on another temporary visa (B-2,
F-1, etc.).
c) Check here if the alien is in the U.S. in H1B status (transfer or
concurrent H1B).
Total # of Workers in this petition = One
Part 3: Information about the person you are filing for.
Part 4: Processing Information
Part 5: Basic Information about the proposed employer and employee
Note: For Gross and Net Annual Income, if the organization is a start up
company, enter Projected figures. For example Gross Annual Income: Proj.
$500,000
Part 6: Employer Signs here.
Supplement H
Name of Person or Organization Filing Petition: ABC Company.
Name of Person or total number of workers you are filing for: Sharon Jones
List the alien’s and any dependent family members prior periods of stay in H
classification the U.S. for the last 6 years…: None, or 5/2003 – present
Classification Sought: check H-1B1
Describe the proposed job duties: Either enter the duties here or write: “See attached
letter”
Aliens present occupation and summary of prior work experience: Either enter the
information here or write: “See attached documentation (resume, experience letters,
etc.)
Statement for H1B Specialty Occupations only: Employer signs here
Statement for H1B Specialty Occupations and DOD projects: Employer signs here
Step 4: The USCIS Form I-129
Filing Fees for the Form I-129
Checks are to be from the Employer and made out to the USCIS – staple to I-129):
$320 – for I-129 Filing fee (check can be separate or added to Education and Training
Fee)
$1,500 - H1B "Education and Training Fee" for each H1B petition filed for a new
employer, change of employer, and first extension for an existing employer.
Employers with fewer than 25 full time employees (including U.S. affiliates and
subsidiaries) pay $750. (check can be separate or added to I-129 Filing Fee)
$500 – for Anti Fraud Fee (separate check)
The following employers are exempt from the "Education and Training Fee":
1. Institutions of higher education and related or affiliated non-profit organizations;
2. Non-profit and governmental research organizations;
3. Any employer who is filing for a second extension of stay for an H1B
nonimmigrant;
4. Primary or secondary education institutions; and
5. Nonprofit entities which are engaged in "established curriculum-related clinical
training of students".
Total processing time for approval is approximately 60-90 days from date of filing with
the USCIS.
Premium Processing is 15 days. Add an additional $1,000 check to USCIS and Employer
completes and signs Form I-907.
Step 4: The USCIS Form I-129
Official USCIS Instructions for Form I-129
Purpose Of This Form.
This form is for an employer to petition for an alien to come to the U.S. temporarily to
perform services as an H1B non-immigrant.
Who May File.
General.
A U.S. employer may file to classify an alien in any nonimmigrant classification listed
below. A foreign employer may file for certain classifications as indicated in the
specific instructions.
Agents.
A U.S. individual or company in business as an agent may file for types of workers who
are traditionally self-employed or who traditionally use an agent to arrange short term
employment with numerous employers.
A petition filed by an agent must include a complete itinerary of services or engagements,
including dates, names and addresses of the actual employers, and the locations where
the services will be performed.
The agent must guarantee the wage offered and the other terms and conditions of
employment by contract with the alien(s).
Including more than one alien in a petition.
• Aliens who will apply for their visas at the same consulate or, if they do not need
visas, will enter at the same port of entry may be included in one petition filed by an
employer or agent in the following classifications if the dates of employment are the
same:
H1B if they are members of the same entertainment group or athletic team
(accompanying aliens must be filed for on a separate petition);
H-1B accompanying aliens if they will accompany the same H1B or same H1B group
of artists, entertainers or athletes for the same period of time, in the same occupation, and
in the same location(s);
Step 4: The USCIS Form I-129
USCIS Instructions for Form I-129
Multiple locations.
A petition for alien(s) to perform services or labor or receive training in more than one
location must include an itinerary with the dates and locations where the services or
training will take place.
Each petition must reference all previously filed petitions using that certification.
General Filing Instructions.
Complete the basic form and relating supplement.
Indicate the specific classification you are requesting.
Please answer all questions by typing or clearly printing in black ink.
Indicate that an item is not applicable with "N/A".
If the answer is "none," write "none".
If you need extra space to answer any item, attach a sheet of paper with your name and
your alien registration number (A#), if any, and indicate the number of the item to
which the answer refers.
You must file your petition with the required Initial Evidence.
The petition must be properly signed and filed with the proper fee.
Submit the petition in duplicate if you check block "a" or "b" in question 4 of Part 2 on
the form.
Classification; Initial Evidence.
These instructions are divided into two parts.
The first looks at classifications which require a petition for an initial visa or entry and
for any extension or change of status.
The second looks at those classifications which only require a petition for a change of
status or extension of stay.
Petition always required:
The following classifications always require a petition.
A petition for new or concurrent employment or for extension where there is a change in
previously approved employment must be filed with the initial evidence listed below,
and with the initial evidence required by the separate instructions for a change of
status or extension of stay.
However, a petition for an extension based on unchanged, previously approved
employment need only be filed with the initial evidence required in the separate
extension of stay instructions.
H1B.
An H1B is an alien coming temporarily to perform services in a specialty occupation.
A specialty occupation is one which requires the theoretical and practical application of a
body of highly specialized knowledge to fully perform the occupation and requires
completion of a specific course of education culminating in a baccalaureate degree in
a specific occupational specialty.
Write H1B1 in the classification requested block.
The petition must be filed by the U.S. employer, and must be filed with:
an approved labor condition application from the Department of Labor;
evidence the proposed employment qualifies as within a specialty occupation;
evidence the alien has the required degree by submitting either:
a copy of the person's U.S. baccalaureate or higher degree which is required by
the specialty occupation
a copy of a foreign degree and evidence it is equivalent to the U.S. degree, or
evidence of education and experience which is equivalent to the required U.S.
degree;
a copy of any required license or other official permission to practice the
occupation in the state of intended employment; and
a copy of any written contract between you and the alien or a summary of the
terms of the oral agreement under which the alien will be employed.
Translations.
Any foreign language document must be accompanied by a full English translation which
the translator has certified as complete and correct, and by the translator's certification
that he or she is competent to translate from the foreign language into English.
Copies.
if these instructions state that a copy of a document may be filed with this petition, and
you choose to send us the original, we may keep that original for our records.
H1B and H2B Notice.
The Immigration and Nationality Act makes a petitioner liable for the reasonable cost of
return transportation for an H1B or H2B alien who is dismissed before the end of
the authorized employment.
When To File.
File your petition as soon as possible, but no more than 6 months before the proposed
employment will begin or the extension of stay is required.
If you do not submit your petition at least 45 days before the employment will begin,
petition processing, and subsequent visa issuance, may not be completed before the
alien's services are required or previous employment authorization ends.
Where to File.
Mail this petition to the appropriate USCIS Regional Service Center, except:
if the person is applying for admission as an L-1 under the U.S.-Canada Free
Trade Agreement, the petition may be filed at the port of entry when the
person applies for entry;
if the services or training will be solely in Guam or the Virgin Islands, file the
petition at the local USCIS office there.
In any other instance, mail this petition to the Service Center indicated below.
If the services or training will be in more than one place, mail the petition to the Service
Center with jurisdiction over the first work or training site.
Processing Information.
Acceptance.
Any petition that is not signed, or is not accompanied by the correct fee, will be rejected
with a notice that the petition is deficient.
You may correct the deficiency and resubmit the petition. A petition is not considered
properly filed until accepted by the Service.
Initial processing.
Once a petition has been accepted, it will be checked for completeness, including
submission of the required initial evidence.
If you do not completely fill out the form, or file if without required initial evidence, you
will not establish a basis for eligibility, and we may deny your petition.
Requests for more information or interview.
The USCIS may request more information or evidence.
The USCIS may also request that you submit the originals of any copy.
Decision.
The decision on a petition involves separate determinations of whether you have
established that the alien is eligible for the rested classification based on the proposed
employment, and whether he or she is eligible for any requested change of status or
extension of stay.
You will be notified of the decision in writing.
In addition, you will face severe penalties provided by law, and may be subject to
criminal prosecution.
Step 5: H Classification Supplement to Form I-129
The purpose of this form is to provide basic information regarding:
The nature of the beneficiary’s previous status in H1B
The proposed job duties
The beneficiary’s qualifications
The employer signs and agrees to the terms of the labor condition application for the
duration of the alien's authorized period of stay for H1B employment
The employer signs and agrees that the employer will be liable for the reasonable costs of
return transportation of the alien abroad if the alien is dismissed from employment by the
employer before the end of the period of authorized stay.
Step 5: H Classification Supplement to Form I-129
Instructions for completing the H classification Supplement to Form I-129.
Enter the name of the Company / Organization.
Enter the name of the Beneficiary (Foreign worker).
If the Beneficiary is currently or has previously been in H1B or H-4 Status, or if the
Beneficiary’s spouse and or children is currently or has previously been in H1B
or H-4 Status, enter the dates here.
Check the 1st box on the left: H1B1 Specialty occupation.
Section 1:
Enter a summary of the job duties that the Beneficiary will perform in H1B
Status.
Enter the present occupation and summary of prior work experience. You may
list the University Degree’s and previous work experience, if any.
The employer signs and dates in agreement to the terms of the labor condition application
for the duration of the alien's authorized period of stay for H1B employment
The employer signs and dates that the employer will be liable for the reasonable costs of
return transportation of the alien abroad if the alien is dismissed from employment by the
employer before the end of the period of authorized stay.
Statement for H1B U.S. Department of Defense projects only:
The employer signs and dates to certify that the beneficiary will be working on a
cooperative research and development project or a co-production project under a
reciprocal government-to-government agreement administered by the U.S. Department of
Defense.
Step 6: H1B Data Collection and Filing Fee Exemption Supplement
Completing the H1B Data Collection and Filing Fee Exemption Supplement Form
Purpose of This Form.
On October 21, 1998, Congress enacted the American Competitiveness and Workforce
Improvement Act (''ACWIA''), Public Law 105-277 that modified the H1B
nonimmigrant program.
This form is an addendum to Form I-129, Petition for a Nonimmigrant Worker. This form
will be used to collect additional information about the H1B nonimmigrant worker and
the H1B petitioner (U.S. employer).
Who is Required to File.
A United States employer seeking to classify an alien as an H1B nonimmigrant worker
must file this form concurrently with Form I-129 and the appropriate fee.
Payment of the Fee.
A United States employer filing an H1B petition must submit:
$320 – for I-129 Filing fee
$500 – for Anti Fraud Fee
$1,500 - H1B "Education and Training Fee" for each H1B petition filed for a new
employer, change of employer, and first extension for an existing employer.
Employers with fewer than 25 full time employees (including U.S. affiliates and
subsidiaries) pay $750.
The following employers are exempt from the "Education and Training Fee":
1. Institutions of higher education and related or affiliated non-profit organizations;
2. Non-profit and governmental research organizations;
3. Any employer who is filing for a second extension of stay for an H1B
nonimmigrant;
4. Primary or secondary education institutions; and
5. Nonprofit entities which are engaged in "established curriculum-related clinical
training of students".
General Filing Instructions. - Part A.
All United States employers seeking to classify an alien as an H1B nonimmigrant
worker must complete Part A of this form.
An employer must answer all of the questions in the "Employer Information" Section.
H1B Dependent employer. An "H1B dependent employer" means an employer that:
a. Has 25 or fewer full-time equivalent employees who are employed in the United States
and employs more than 7 H1B non-immigrants;
b. Has at least 26 but not more than 50 full-time equivalent employees who are employed
in the United States and employs more than 12 H -1B non-immigrants; or
c. Has at least 51 full-time equivalent employees who are employed in the United States
and employs H1B nonimmigrants in a number that is equal to at least 15% of the
number of such full-time equivalent employees.
Willful Violators. A willful violator is an employer whom the Secretary of Labor has
found, after notice and opportunity for a hearing, to have willfully failed to meet a
condition of the labor condition application described in section 212 (n) of the
Immigration and Nationality Act.
Exempt H1B nonimmigrant. An "exempt H1B nonimmigrant" means an H- 1B who:
a. Receives wages (including cash bonuses and similar compensation) at an annual rate
equal to at least $60,000; or
b. Has attained a master's degree or higher (or its equivalent) in a specialty related to the
intended employment.
Highest educational level. Place an "x" in the appropriate box (a through i) that is most
closely related to the highest formal education level attained by the beneficiary. DO NOT
consider work experience in determining the beneficiary's equivalency to formal
education.
Major/Primary field of study. Use the beneficiary's degree transcripts to determine the
primary field of study. Once the beneficiary's major is determined, fill in the boxes with
one character per box. Thirty (30) characters maximum. DO NOT consider work
experience to determine the beneficiary's major education level.
Rate of pay per year. The ''rate of pay'' is the salary or wages paid to the beneficiary.
Salary or wages must be expressed in an annual full-time amount and do not include non-
cash compensation or benefits. For example, an H1B worker is to be paid $6,500 per
month for a 4-month period including a health benefits package and transportation. The
yearly rate of pay if he or she were working for a full year would be 12 times the monthly
rate or $78,000. This amount does not include health benefits or transportation costs. The
figure $78,000 should be entered on this form as the rate of pay.
LCA Code. The LCA Code is a three-digit occupational group for professional, technical,
and managerial occupations and fashion models that can be obtained from Appendix 2 of
the Dictionary of Occupational Titles printed on Department of Labor ETA Form 9035
Labor Condition Application for H1B Nonimmigrant.
NAICS Code. The North American Industry Classification System (NAICS) code can be
obtained from the Department of Commerce, U.S. Census Bureau
(www.census.gov/epcd/www/naics.html).
Enter the code from left to right, one digit in each of the six boxes. If you use a code
which is less than six digits, enter the code left to right and then add zeros in the
remaining unoccupied boxes.
Step 7: Writing the Cover Letter
What should the Cover Letter Contain?
The cover letter should contain the following elements:
Information about the company:
Type of business
Description of the business
Number of employees
Approximate Annual Gross Revenues
Brief history of the company
Summary of future goals of the company
Information about the alien:
Educational background
Work experience
Information about the position
Description of job duties
Why it qualifies as a Specialty Occupation
Step 7: Writing the Cover Letter
Sample Cover Letter
(Company Letterhead Here)
ABC Company.
Street
Town, State, USA, Zip code
USCIS - Service Center
· See service center details below
Re:
Case Type: I-129H Petition for a Nonimmigrant Worker (H1B1Visa)
Petitioner: ABC, Inc.
Beneficiary: PAUL MITCHELL
Position: Programmer Analyst
Dear Sir,
We wish to submit an H1-B1 petition on behalf of Mr. PAUL MITCHELL, so that he can be
employed temporarily by our firm as a Programmer Analyst. Mr. will be paid an
annual salary of $100,000.
Information about ABC, Inc.
ABC, Inc. was incorporated in the State of California in September 1999 and has been
conducting business continually since that date. Our Federal Tax ID is 22-2222222. Our
principal office is located at 'Your Address'.
In general, our firm assists mid-sized and large businesses in implementing and using
information technology. Our services include desktop application support, network
installation and support custom application programming and general systems strategy.
Description of the Position Offered
At the present time, we are in need of a Programmer Analyst to participate in several of
the application development projects we are performing or being asked to perform. These
projects include the use of generally accepted application development practices in the
design, documentation and implementation areas of this service. In addition, our firm
prides itself at understanding the business needs and implications of utilizing information
technology, so knowledge or experience of business issues plays a vital role in our
success.
In the performance of our consulting services, our employees make use of the following
tools and systems, depending on the particular client or project: Visual Basic, Sybase,
SQI, Server, Visual C++, Borland C++ Builder, Windows NT, Windows 95, and Unix.
These signify the current major components, but we also support clients in other areas
such as IBM AS/400, 3270 communications support, and IBM RS/6000.
Mr. Mitchell's Qualifications
In Mr. Mitchell, we have found a person who is well qualified to fill the position of
Programmer Analyst. Mr. Mitchell was awarded a Bachelor of Engineering Degree in
Computer Science and Technology by the University of London, England in 1994, and a
Post-Graduate Diploma of Management from the London School of Economics, England
in 1997. Mr. Mitchell's academic background and his work experience are particularly well
suited to our needs.
Accordingly, we respectfully request that you grant the H1-B1 petition which we are
submitting on behalf of Mr. Mitchell.
Sincerely,
Steve Jonson
President
Step 8: Sending the Application to the USCIS
Instructions for Mailing the H1B Visa Application to the USCIS
Make copies of every form and document that you will be sending to the USCIS.
Arrange the forms and documents in the following order, with the first item on
top:
Company Check or Money Order for the USCIS Fee made out to
USCIS
I-129, H Supplement and H1B Data Collection and Filing Fee
Exemption Supplement Form
Cover Letter
Certified Labor Condition Application – ETA 9035
Copy of Alien’s Passport and I-94, and any other relevant
immigration papers (e.g. I-20).
Academic Evaluation
Copies of University Diplomas and Transcripts
Copies of letters of experience
Company brochure, annual report (optional)
Copy of Company Lease (optional)
Send the application package to the appropriate USCIS Regional Service Center
(depending on where the alien will be working).
Send the package by one of the following methods:
U.S. Postal Service – Certified and return receipt.
Commercial Overnight Service (Federal Express, etc.)
Be sure to get a receipt and a tracking number for your package.
Step 8: Sending the Application to the USCIS
USCIS Regional Service Center Address and Telephone List
If the job is located in: Alaska, Arizona, California, Colorado, Guam, Hawaii,
Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana,
Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington,
Wisconsin, or Wyoming – then file with California Service Center.
Regular Filings -
USCIS
California Service Center
Attn:
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677
Premium Filings -
USCIS
California Service Center
Premium Processing Service
Attn:
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677
(Please note the type of 1-129 in the attention line, i.e. Extension, Cap, Transfer,
etc.)
If the job is located in: Alabama, Arkansas, Connecticut, Delaware, the District of
Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York,
North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South
Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West
Virginia – then file with Vermont Service Center.
Regular Filing -
USCIS
Vermont Service Center
Attn:
75 Lower Welden Street
St. Albans, VT 05479-0001
Premium Filing –
Premium Processing Service
USCIS
Vermont Service Center
Attn:
30 Houghton Street
St. Albans, VT 05478-2399
(Please note the type of 1-129 in the attention line, i.e. Extension, I-129, Transfer,
etc.)
Cap Cases -
USCIS
Vermont Service Center
Attn:
1A Lemnah Drive
St. Albans, VT 05479-0001
Step 9: Receiving the USCIS Form I-797 Notice of Receipt
What is the USCIS Form I-797 Notice of Receipt?
This is a form sent by the USCIS to the Petitioner (company) about 1-4 weeks after the
USCIS receives you petition.
It has the following important elements:
Receipt Number = In the top left hand corner, you will see a 13 digit receipt number
starting with: EAC, LIN, SRC or WAC.
Telephone Number = On the bottom left hand section of the form, you will find the
USCIS telephone number. You may call this number to hear a recorded voice message
telling you the status of your case. The number can be called 24 hours. Because it is
usually busy during the day, we recommend calling at night.
Processing Time: The form will give you an approximate number of days it takes to
render a decision on your petition.
The USCIS also has a National 800 Number: 1-800-375-5283
Step 10: What to do if you Receive a Request for
Additional Evidence
What is a Request for Additional Evidence?
This is a form you will receive if the USCIS does not have enough information or
documentation to render a decision on your case.
Step 10: What to do if you Receive a Request for
Additional Evidence
How to Answer a Request for Additional Evidence
The letter will tell you exactly what information or documentation the USCIS requires.
You should:
Gather the documentation and information requested
Write a Cover Letter answering any direct questions the USCIS has
Send it to the USCIS as quickly as possible.
Step 10: What to do if you Receive a Request for
Additional Evidence
Sample Cover Letter for Request for Additional Evidence
(Company Letterhead Here)
ABC, Inc.
1111 Your Street
Your Town, Your State, USA Your Zip
April 01, 2009
USCIS - Service Center
Address
Re: EAC-99-xxx-xxxxx
Dear Sir/Madam:
Pursuant to your notice of action, please find enclosed the following enclosed:
1. Academic Credentials
2. Copy of Business Lease
3. Copy of Contract with Vendor
4. Copies of 2 Most Recent Quarterly Federal Tax Returns
5. Copy of Articles of Incorporation
6. Copy of Foreign Business Corporation
7. Marketing Presentation explaining the companies nature of business
Please note that the industry standard for Programmer Analyst is a Bachelor of Science
Degree in Computer Science or Engineering with coursework and experience computer
programming. We have consulted with other comparable companies in the industry
including XYZ company., XYZ2 company., XYZ3 company., and XYZ4 company., and all have reported back similar requirements.
Mr. Mitchell will working on internet projects that include migrating client databases to the
internet. Mr. Mitchell has strong experience in Oracle programming. Oracle is the leading
internet database application development software. The clients will be able to offer their
customers full access to their inventory for ordering purposes.
Please approve this petition as we have a contract to fulfill with Meganetwork Solutions
of New York.
Thank you for your attention to this matter.
Sincerely,
Steve Jonson
President
Step 11: Receiving the Approval Notice
If the Alien is in the U.S.
The USCIS will send an Approval Notice with a new I-94 on the bottom to the petitioner
(company).
The alien my take the:
Approval Notice
A copy of the case that was filed with the USCIS
A letter of employment from the employer
Passport
to any American Consulate and they will stamp the passport with the H1B Visa.
H-4 for Dependents – If the H1B visa holders dependents (spouse and children) wish to
transfer to H-4 status, they may apply for the H-4 visa at this time by filing form I-539 –
Application to Extend or Change Status. They will need to file the following:
• Copy of I-797 Approval Notice
• Copy of Marriage Certificate
• Copy of Birth Certificate
• Copy of Passport
• Copy of current I-94
• USCIS Filing fee of $300
Step 11: Receiving the Approval Notice
If the Alien is outside the U.S.
The petitioner will receive a Notice of approval with information on the bottom advising
what American Consulate the alien is to go to obtain the H1B Visa.
The alien should have a complete copy of the case, certified by an attorney for accuracy,
as well as the original approval notice.
The Consular Officer may ask the alien a few questions regarding the position, job duties
and company, to ensure no fraud is involved.
The consular officer will then stamp the alien’s passport with the H1B visa and the alien
is free to travel to the U.S.
H-4 for Dependents – If the H1B visa holders dependents (spouse and children) wish to
accompany him, they may apply for the H-4 visa at this time or at a later time. They will
need to present the following:
• 797 Approval Notice
• Copy of Marriage Certificate
• Copy of Birth Certificate
• Passport
What to do if your Application is Denied
How to Appeal the Rejection
The USCIS will send a letter explaining why the Immigration Officer rejected the
petition.
The petitioner has 30 days to respond.
The fee is $585.
The processing time is 30-365 days.
How to Renew your H1B Visa
File Prevailing Wage Request with the State Department of Labor of the state that the job
is located in.
When you receive the prevailing wage, complete and obtain the Certified Labor
Condition Application (Form ETA – 9035).
When you receive the Certified Labor Condition Application, complete Form I-129, I-
129H Supplement and H1B Data Collection and Filing Fee Exemption Supplement
Form. File these along with the required supporting documents with the USCIS
Regional Service Center for your state. Include all the supporting documents as well
as a letter to the USCIS.
Include the USCIS filing fees:
Make check out to USCIS – staple to I-129):
$320 – for I-129 Filing fee (check can be separate or added to Education and Training
Fee)
$1,500 - H1B "Education and Training Fee" for each H1B petition filed for a new
employer, change of employer, and first extension for an existing employer.
Employers with fewer than 25 full time employees (including U.S. affiliates and
subsidiaries) pay $750. (check can be separate or added to I-129 Filing Fee)
$500 – for Anti Fraud Fee (separate check)
The following employers are exempt from the "Education and Training Fee":
1. Institutions of higher education and related or affiliated non-profit organizations;
2. Non-profit and governmental research organizations;
3. Any employer who is filing for a second extension of stay for an H1B
nonimmigrant;
4. Primary or secondary education institutions; and
5. Nonprofit entities which are engaged in "established curriculum-related clinical
training of students".
Total processing time for approval is approximately 60-90 days from date of filing with
the USCIS.
Premium Processing is 15 days. Add an additional $1,000 check to USCIS and Employer
completes and signs Form I-907.
Applying for a Green Card
Applying for a Green Card by Labor Certification
1) The petitioner completes and signs the following forms:
ETA 750A – in duplicate.
The beneficiary completes and signs the following forms:
• ETA 750B – in duplicate.
2) The petitioner sends the forms to the local Department of Labor Office that handles
Labor Certification.
3) Once the petitioner receives an approved Labor Certification (2 months – 3 years), the
petitioner files USCIS form I-140 with the USCIS Regional Service Center.
4) When the I-140 is approved (approx. 3 months), the alien may file for Adjustment of
Status.
For a more detailed description, visit our website at http://www.h1base.com
Applying for a Green Card
Applying for a Green Card by Marriage to a U.S. Citizen
The petitioner files for an Adjustment of Status with the local USCIS office.
The forms to be completed and signed include:
• I-485
• I-765
• I-131
• I-693
• I-864
These completed forms are filed with the appropriate supporting documents.
The main benefit here for the H1B holder is that the he will receive an Employment
Authorization Document (EAD) within 90 days. This will allow him to work for any
employer and not be tied to just the H1B sponsor.
For a more detailed description, visit our website at http://www.h1base.com
Applying for a Green Card
Applying for a Green Card by National Interest Waiver / Extraordinary Ability
This classification is for alien’s whose work is in the National Interest of the United
States and/or who have an Extraordinary Ability.
The alien completes and signs USCIS Form I-140 and submits it with the appropriate
supporting documentation to the USCIS Regional Service Center.
Processing time is from 2-8 months.
When the I-140 has been approved, the alien may file for Adjustment of Status either in
the U.S. or at the American Consulate in the alien’s country of citizenship.
For a more detailed description, visit our website at http://www.h1base.com
How to obtain H-4 Visas for Spouse and Children
The H-4 visa permits dependent of the H1B Visa holder to live legally in the U.S.
Holders of the H-4 visa may not work unless they receive work authorization.
If the spouse and children are INSIDE the U.S.:
1) The spouse and children will complete USCIS Form I-539 – Application to Extend /
Change Nonimmigrant Status.
2) One form may be used for all dependents. Each dependent should submit
photocopies of their passport, I-94 Arrival Departure Record, birth certificate and
marriage certificate (spouse). (Do not send original documents – you will not get
them back!)
3) The filing fee is $300 and the application is sent to the USCIS Regional Service
Center for the State that the family lives in.
4) They will receive a new I-94 in the mail giving them H-4 Status.
If the spouse and children are OUTSIDE the U.S.:
The spouse and children go to the nearest American Consulate in their
home country.
They should bring a copy of the H1B approval notice from the USCIS, their passports,
birth certificates and marriage certificate. They will be given the H-4 Visa stamped in
their passport.
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