H-1B Specialty Worker Flowchart

Dinsmore immigration attorneys leverage more than 130 years of cumulative experience to craft strategies and solutions to meet unique immigration needs. We anticipate the areas where the U.S. government may challenge a case, reverse engineer the case to lower the risk of denial, and increase the odds of approval.

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H-1B Specialty Worker Flowchart

Step One

LABOR CONDITION
APPLICATION

1.1 Employer Collects and
Retains Documentation for
LCA Compliance File

1.2 Employer Files
LCA with U.S. Department of
Labor

1.3 U.S. Labor Department
Certifies LCA and Returns
LCA to Employer

H-1B PETITION FOR SPECIALTY
WORKER

2.1 EmployerFiles H-1B
Petition with Citizenship And
Immigration Service ("CIS")

2.2 Portability If H-1B
Candidate has previously held
H-1B status or has been
issued an H-1B Visa, the
candidate may be eligible to
begin employment upon filing
of Petition

2.3 CIS Decides
(Approves/Denies) H-1B
Petition

If Foreign National is Abroad

If Foreign National is in USA
(Must be maintaining lawful status in U.S.)

3.1 CIS Sends Approved l-129 Petition to U.S. Consulate abroad	ALT 3.1 CIS Immediately Decides Foreign National's Request to Extend or Change Status
3.2 Foreign National Applies for H-1B Visa at U.S. Consulate
3.3 U.S. Consulate Decides (Issues/Refuses) H-1B Visa

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