U.S Government Agencies & Employment Visas
The U.S Department of Homeland Security, US Department of State, Department of Labor are all connected when it comes to the process of obtaining an employment visa to the United States. There are various steps you follow carefully in order for your case to be approved. For this article, lets use the H1-B specialty occupation visa as an example. This nonimmigrant visa applies to people who wish to perform services in a specialty occupation. In order for your petition to be approved, all U.S Departments mentioned above oversee a component of your petition to ensure you’re qualified enough to be an asset to the American job industry.
U.S Deparment of Labor
The first company that oversees your employment visa is the Department of Labor. The Department of Labor is involved because the applicant must file Form 9035E/9035 or the Labor Condition Application. The employer must demonstrate that the wages are at least equal to the prevailing wage to other similar positions within the company. Once the Labor Condition Application is approved, the next company oversees the upcoming process.
USCIS & The Department of Homeland Security
Following the approval of your Labor Condition Application, the person who is hiring you for the H1-B process must file a petition on behalf of you, the employer. The Petition is called Form I-129 Petition for a Nonimmigrant Worker with the second agency, USCIS. Along with the petition, any supporting documentation listed in the instructions of the form must be included in the application. Plenty of personal information about the company and you, the employer, will be asked on this form. The customary fee of $460 will be addressed to the Department of Homeland Security. Once the visa is approved by the USCIS, which is under DHS, you’re all good to go on your H1-B visa.
The Department of State
The Department of State takes care of your H-1B petition when the time comes for you to get a consulate interview. There are two things you must do in order to complete the online visa application. You must fill out the nonimmigrant visa form given to you on the Department of State website called the DS-160. While completing the form, they will also ask for a photo of you to upload that must adhere to their photograph guidelines. Once you pay the consulate fees, your visa interview will be scheduled. When that is complete and ends successfully, the Consulate will grant you with an H1-B visa.
At The Law Office of Yifei He, PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. We can help you present the strongest possible case to USCIS, thereby maximizing your likelihood of success. With our attorney by your side, you can navigate this process with efficiency and confidence.
Request your initial consultation by calling 1 (917) 338-7678 or sending us an online message today.