There is no filing fee.
H-B1 Visa
Where do you file the Labor Condition Application (LCA)?
The LCA is filed online with the Department of Labor.
Can a foreign company or individual file a Labor Condition Application (LCA)?
No. The entity or individual filing the LCA must be a U.S. employer.
Can an individual file a Labor Condition Application (LCA)?
Yes. However, the individual must possess a Federal Employer Identification Number (FEIN).
What is a ‘prevailing wage’?
The term ‘prevailing wage’ rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. Employers can obtain this wage rate by submitting a request to the National Prevailing Wage Center (NPWC) or by accessing other legitimate sources of information.
What are the requirements of the Labor Condition Application (LCA)?
The U.S. employer must attest to the following: employer will pay nonimmigrants at least the local prevailing wage or the employer’s actual wage, whichever is higher; employer will provide working conditions for nonimmigrants which will not adversely affect the working conditions of workers similarly employed; there is no strike, lockout, or work stoppage in the… Read More
How long is the H-1B petition valid for after approval?
An H-1B petition is valid for the period of validity requested by the U.S. employer. However, the period of validity cannot exceed 3 years. Further, the total period of validity in H-1B status is 6 years. This can be extended under certain circumstances.
How long does it take the USCIS to process an H-1B petition?
After the H-1B petition is filed, the USCIS will issue a receipt notice. After reviewing the H-1B petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, the approval process for an H-1B petition is 3-6 months from filing. The H-1B petition may be filed along with a… Read More
What is the government filing fee for an H-1B petition?
At present, the filing fee is $325. In addition, the USCIS collects an American Competitiveness and Workforce Improvement Act (ACWIA) fee that is either $750 (if the U.S. employer employs less than 25 employees) or $1500 (if the U.S. employer employs 25 or more employees). Finally, if the foreign worker is a new employee, the… Read More
When can the U.S. employer file an H-1B petition?
If the foreign worker is subject to the annual numerical limit, or H-1B cap, then the H-1B petition can be filed up to 6 months before the start date (April 1st for an October 1st start date). If the foreign worker is not subject to the H-1B cap (was previously granted H-1B status in the… Read More
