H1 is one of the most sought after visas in Utah and the rest of the United States. According to a report by USA Today, 236,000 individuals applied for H1 visas in 2016. However, only 85,000 were approved by the US Department of Homeland Security (DHS).
There are many factors why H1 visa applications get denied. One of them (and perhaps the most common) is the failure to provide proper documentation. Law firms, such as Buhler Thomas Law, P.C., that handle H1 visa applications for Utah County or other places share a 3-step process of preparing documents that will help you in your application.
Employer’s Trip to the DOL
Your employer must submit a Labor Condition Application (LCA), or ETA Form 9035, to the Department of Labor (DOL) for certification. Once your LCA is certified, your employer can file a petition.
The LCA is important because it guarantees that you will be paid the same salary that an American employee, in the same position, would receive. It also states that your employer should provide good and acceptable working conditions for you.
Employer’s Trip to the USCIS
Your employer can now file a petition to the US Citizenship and Immigration Services (USCIS) on your behalf. In your case, the Petition of Non-immigrant Worker, or Form I-129, should be filed in the correct USCIS service center in Utah. It should be submitted along with the certified ETA Form 9035. If it is approved, you can move on to the next step.
Once your employer notifies you that the petition has been approved, you can finally apply for an H1 visa in Utah County. If you’re from a country that requires a visa to enter the US, you have to go to a US consulate or embassy and visit its Department of State (DOS) office to get a visa. If you’re from a country that doesn’t require a visa to enter the US, you still have to be admitted under H1 classification. This means that you have to apply for admission to the US Customs and Border Protection (CBP) office.
For more information, hire an immigration lawyer who can also help you file your application correctly.