There are three steps in applying for H-1B temporary worker status.

Step 1: Prevailing Wage Determination

ISSS files a request with DoL to determine the prevailing wage for the position. The salary offered must meet this prevailing wage to qualify for H-1B sponsorship. If the wage offered does not meet the prevailing wage, ISSS will be in touch with the Department to discuss options.

Step 2: Labor Condition Application

ISSS files a Labor Condition Application with DoL certifying the working conditions. Processing takes 7 business days.

Step 3: USCIS

ISSS files an I-129 petition with USCIS. Regular processing at USCIS is taking 8.5 to 11 months (January 2019). USCIS often experiences delays and processing can take more than 6 months, even though an employer can only file the H-1B petition 6 months before the requested start date. Premium processing shortens this processing to 15 days for an extra fee. USCIS has become increasingly strict with its interpretation of specialty occupation as it relates to staff H-1B petitions. A Request for Evidence from USCIS will delay processing, so please allow plenty of time for processing or consider using Premium Processing.