Labor Condition Application (LCA)
You must submit a certified Department of Labor LCA (Form ETA 9035) at the time you file your petition. A copy of the LCA is acceptable.
Note: USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and plan accordingly. If the LCA is certified for multiple workers, you must provide the name and USCIS case receipt number of any foreign worker who has previously used the LCA.
Petitioners should be sure to sign the LCA before submitting it with the petition to USCIS.
Please see the Department of Labor’s Office of Foreign Labor Certification website for more information on the LCA process.
Evidence of Beneficiary’s Educational Background
You must submit evidence of the beneficiary’s education credentials at the time of filing. If all of the requirements for a degree have been met, but the degree has not yet been awarded, you may submit the following alternate evidence:
- A copy of the beneficiary’s final transcript; or
- A letter from the registrar confirming that all of the degree requirements have been met. If the educational institution does not have a registrar, then such a letter must be signed by the person in charge of educational records where the degree will be awarded.
If you indicate that the beneficiary is qualified based on a combination of education and experience, please provide substantiating evidence at the time of filing.
A Copy of the H-1B Petition
If the beneficiary will be applying for a nonimmigrant visa abroad, you must submit a copy of your H-1B petition and any subsequent response to a Request for Evidence or Notice of Intent to Deny with your filing. USCIS will not make a copy if you do not provide one.
You may also submit a copy of the petition and any subsequent response to a Request for Evidence or Notice of Intent to Deny even if the beneficiary is requesting a change of status to H-1B or an extension of stay. You may choose to do this in case the beneficiary later decides to seek a visa abroad or the H-1B petition is approved but the change of status or extension of stay request is denied.
You can check the Department of State website to make sure the consulate indicated on Form I-129 is able to process the beneficiary’s nonimmigrant visa application. You can also check for any instructions specific to that consulate.
Multiple or Duplicative Filings
To ensure fair and orderly distribution of available H-1Bs, USCIS will deny or revoke multiple or duplicative petitions filed by an employer for the same H-1B worker and will not refund the filing fees. On March 19, 2008, USCIS announced an interim final rule on H-1Bs to prohibit employers from filing multiple or duplicative H-1B petitions for the same employee.
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