H-1B Visa Application Procedure
Before a beneficiary may apply for an H-1B Visa, the prospective US employer must first file both a Labor Condition Application with the Department of Labor and a Nonimmigrant Worker Petition on behalf of the beneficiary to the USCIS (Form I-129). The Petition for Nonimmigrant Worker should be submitted to the appropriate USCIS Service Center along with the DOL-certified LCA. Only after the employer’s I-129 petition has been approved may the worker apply for the H1B visa.
The prospective H-1B worker who is outside the United States may then apply with the US Department of State (DOS) at a US embassy or consulate abroad for an H-1B visa. Regardless of whether a visa is required, the prospective H-1B worker must then apply to US Customs and Border Protection for admission to the United States in H-1B classification.