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

h1base.com

All rights reserved. No part of this kit may be reproduced or transmitted in any form or by any

means, electronic or mechanical, including photocopying, recording or by any information storage

and retrieval system without written permission from the publisher, except for the inclusion of brief

quotations in a review. For more information, please contact h1base.com.

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

assistance is required, the services of a competent professional should be sought. While every

effort has been made to ensure that this book is as complete and accurate as possible, there may

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.

The H1 Base, Inc. shall not be held liable, nor be responsible to any person

or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly

by the information contained in this kit.

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.