Quick view of the H-1B visa application Process

Getting an H-1B visa is a two – to four – step process:

• First, your U. S. employer files a Labor Condition Attestation (LCA) with the u. s. Department of Labor


• second, your u. s. employer files what’s called a visa petition on US – CIs Form I-129. If you’re already in the u. s. in lawful status, this peti­tion can simultaneously ask that your status be changed to H-1B worker, in which case the process will successfully end here.

• Third, if you’re outside the U. S., then after the visa petition is ap­proved, you submit your own application for an H-1B visa to a U. S. consulate (unless you’re from Canada or a visa waiver country, in which case you can skip this step) and

• Finally, you use either your visa or (if you’re from Canada or a visa waiver country) the notice of your approved visa petition to enter the U. S. and claim your H-1B status.

Nothing stops you from helping with the employer’s tasks during this application process. For example, you can fill out forms intended to be completed by your employer and simply ask the employer to check them over and sign them. The less your U. S. employer is inconvenienced, the more it will be willing to act as sponsor for your visa.

Updated: 18th July 2015 — 3:10 pm