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How does one apply for an H-1B visa?

H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (LCA) with the Department of Labor attesting to several items, including a payment of prevailing wages for the position, and working conditions offered. The employer must then file the certified LCA with a Form I-129 petition plus accompanying fee. (Prior to FY2004, employers were required to submit an additional fee to sponsor the H-1B worker, unless specifically exempt). Based on the USCIS petition approval, the alien may apply for the H-1B visa, admission, or a change of non-immigrant status.  For additional information on employer's filing needs, please visit the Department of Labor's Foreign Labor Certification page.

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