Satisfying Documentation Requirements
Within one working day of filing the LCA, upon request by any person, the company must make available for inspection certain documentation about the LCA. They must prepare a “Public Access” folder for this purpose. This folder must be retained for one year beyond the end of the period of employment specified on the LCA.
In addition to the public access documentation, the company must maintain certain records for DOL to review in the event of a complaint. The company must maintain payroll records for the alien and any other individuals with experience and qualifications similar to those of the alien’s who are in the same position at the place of employment. The company must maintain the payroll records for a period of three years from the date of the creation of the records.
The H-1B Petition
DOL will digitally certify the LCA immediately. Once the LCA has been certified, we will complete the H-1B forms and send them to you to sign. When you return them to our firm, we will file the H-1B application with USCIS. The USCIS filing fee for the H-1B petition is $460.00, which cannot be paid by the alien.
The petition will consist of the Form I-129, a company letter of support outlining the proposed position duties and requirements, and supporting documentation that includes information about the company. It typically takes 3-6 months for USCIS to approve the H-1B petition. However, for an additional $1,225.00 paid to USCIS, Premium Processing will be completed within 15 days.
Change of Employer & Change of Status
If the H-1B petition is requesting a change of employer for an individual already in the H-1B classification, the employee may begin working for the new employer upon filing of the new employer’s H-1B petition if:
- The employee was lawfully admitted into the U.S.;
- The employee has not worked without authorization since last entry; and
- The petition is filed before expiration of the employee’s authorized stay.
For petitions requesting a change of status from another nonimmigrant classification, the company may begin to employ the alien in H-1B classification once the petition is approved. If the alien is outside the U.S., they will need to obtain an H-1B visa stamp at a U.S. embassy or consular post abroad in order to enter the United States. Similarly, if the alien is in the U.S., but then travels internationally, they will likely need to obtain an H-1B visa stamp prior to reentering the United States.