H-1B sponsorship eligibility is determined by Immigration Services in consultation with the sponsoring department, HR-Employment, HR-Compensation and the individual requesting the status. The process is outlined below:
Please discuss eligibility with Immigration Services prior to submitting the H Immigration Packet
If employee is eligible for H-1B sponsorship, Immigration Services proceeds to Step 3.
This process can take up to 3-4 months depending on the current processing times at the Department of Labor. If the actual wage offered is greater than the 'prevailing wage', Immigration Services can proceed to Step 4. If not, Immigration Services will notify sponsoring department and discuss possible options.
This process takes 7-10 working days. Once the LCA is certified, Immigration Services will send the LCA to the department for posting. The sponsoring department must provide two physical locations for posting in the H immigration packet and upon receipt of the notification from Immigration Services, the department must post the certified LCA in these locations for 10 business days. The postings should be notated and sent to Immigration Services once required posting is complete.
USCIS processing can take several weeks to several months. Restrictions on employment and/or travel may apply during this period so please contact Immigration Services with any questions.
The H applicant will need to meet with Immigration Services upon notification to update any related employment and tax paperwork.