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H-1B Procedure

To achieve H-1B status, you must first obtain an appropriate offer of temporary employment from an employer.

Your employer must follow the following three-step procedure:

1. Obtain the approval of a Labor Condition Application (LCA) from the regional office of the U.S. Department of Labor (DOL). The LCA is a document in which your employer attests that you will receive the same wages and working conditions as similarly situated U.S. workers, that there is no strike or lockout of such workers, and that other workers have been notified of the submission of the LCA to DOL.

2. Obtain the approval of H-1B petition from the INS. The petition should describe your employer, the proposed employment, and your qualifications. It should be accompanied by the approved LCA and other appropriate documentation (e.g., a letter offering you employment, a copy of your diploma, a brochure and/or annual report regarding your employer).

3. If you are maintaining legal nonimmigrant status in the U.S., your employer may request that the INS change your status to H-1B. However, if you exit the U.S. after obtaining H-1B status, you must obtain an H-1B visa abroad in order to return to the U.S. Only if you have violated or overstayed your nonimmigrant status must you exit the U.S. and apply for an H-1B visa at a U.S. Embassy or Consulate abroad.

Your employment in support of an H-1B petition may be either full- time or part-time. You may receive authorization to work for two or more employers in H-1B status simultaneously.



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