New York, NY asked in Employment Law and Immigration Law for Massachusetts

Q: What is the process for someone who currently lives outside the US but is looking to get an H1B visa to come work here?

Person works in the IT field

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: To get an H1B visa for working in the IT field in the US, you'll need to follow a few key steps. First, secure a job offer from a US-based employer who is willing to sponsor your visa. This employer must file a Labor Condition Application (LCA) with the Department of Labor to demonstrate that they will pay you the prevailing wage for the position.

Once the LCA is approved, your employer will file Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). This form includes details about the job, your qualifications, and the company. After the petition is approved by USCIS, you can apply for the H1B visa at a US embassy or consulate in your current country.

During the visa interview, you will need to present various documents, including your passport, the job offer letter, the approved LCA, and the I-129 petition approval notice. If the consulate officer is satisfied with your application, your visa will be issued, and you can then make arrangements to move to the US and begin your new job. The process can be lengthy, so it's important to start early and ensure all paperwork is completed accurately.

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