10 Key Steps for an H-1B Process

By Andrew M. Wilson

September 17, 2019 | Immigration Blog

I had a request for a basic overview of an H-1B process. Nothing magical here, but below are 10 key steps for any H-1B matter.

  • Have immigration counsel review salary and prevailing wage issues before any offer is made.
  • Have immigration counsel review how much H-1B time is remaining for the individual before any offer is made.
  • Have immigration counsel review any prior green card paperwork filed for the individual before any offer is made.
  •  Have immigration counsel review the applicable occupational classification for the position and any potential specialty occupation issue before any offer is made.
  • Include “contingent on immigration approval” language in the offer letter.
  • Immigration counsel prepares LCA posting and files LCA with DOL—LCA usually takes 7 calendar days.
  • Immigration counsel prepares I-129 and other related paperwork for H-1B filing.
  • Immigration counsel prepares supplemental paperwork to address specialty occupation, degree relationship and other issues.
  • File H-1B paperwork and discuss start date timing.
  • Track H-1B filing and address any secondary issues such as driver’s license renewals, travel needs, biometrics for H-4.

Disclaimer: The information in this post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from our firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

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