H-1B Visa - Part 2

A.   Filing the Labor Condition Application
The Labor Condition Application or Attestation is filed on DOLForm ETA-9035 and is submitted through the DOLiCERT webiste

1. The employer must attest to the Department of Labor that:
a. The wage level offered to you (the H-1B employee) is greater of the actual wage level paid to all other individuals similarly employed at the place of employment, or the prevailing wage for the occupation in the area of employment is based on the best information available

b. The working conditions offered to you will not adversely affect other workers similarly employed. Working conditions commonly refer to matters "including hours, shifts, vacation periods, and fringe benefits"

c. There is no strike or lockout in the occupational classification at the place of employment

d. A notice has been provided to the bargaining representative if any, or posted a notice that a labor condition application has been filed. The notice must be posted in two or more conspicuous places for a ten-day period and shall contain
certain information

2. Your employer may file an LCA electronically through the DOL iCERT website
a. Mail
An employer with physical disabilities that prevent them from filing electronically may submit written request to file the LCA by mail. Only upon approval of the written request can an employer use the mail.

B.   Filing the H-1B Petition
An H-1B petition is filed on USCIS Form I-129, along with the
Form I-129H supplement and the approved Labor Condition Application (LCA) Form ETA-9035 from the U.S. Department of Labor. Your H-1B petition must include:
1. Evidence that the proposed employment qualifies as a specialty occupation

2. Evidence that you have the required degree by submitting either:
a. A copy of your U.S. baccalaureate or higher which is required by the specialty occupation

b. A copy of your foreign degree and evidence it is equivalent to a U.S. degree

c. Evidence of experience and education, which is equivalent to the U.S. baccalaureate degree

3. A copy of any required licenses or other official permission to practice the occupation in the state of intended employment

4. A copy of any written contract between you and your employer, and a summary of the terms of the oral agreement under which you will be employed