To achieve H-1B status, you must first obtain an appropriate offer of temporary employment from an employer.
Your employer must follow the following three-step H-1B procedure:
1. Obtain the approval of a Labor Condition Application online from the U.S. Department of Labor (DOL). On the LCA, your employer attests that you will receive the same wages and working conditions as similarly situated U.S. workers, that there is no strike or lockout of such workers, and that other workers have been notified of the submission of the LCA to DOL.
2. Obtain the approval of H-1B petition from the USCIS. The petition should describe your employer, the proposed employment, and your qualifications. It should be accompanied by the approved LCA and other appropriate documentation (e.g., a letter offering you employment, a copy of your diploma, a brochure and/or annual report regarding your employer).
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3. If you are maintaining legal nonimmigrant status in the U.S., your employer may request that the USCIS change your status to H-1B. However, if you exit the U.S. after obtaining H-1B status, you must obtain an H-1B visa abroad in order to return to the U.S. Your employment in support of an H-1B petition may be either full-time or part-time although full-time employment is preferred. Although each H-1B petition is employer-specific, if you have more than one offer of employment, each employer may submit an H-1B petition on your behalf, and you may receive authorization to work for two or more employers in H-1B status concurrently.
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening an 8 attorney firm specializing in immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the Senate Immigration Subcommittee. Carl as featured in the February 2018 edition of SuperLawyers Magazine.
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