After determining that the person qualifies for H1B status, the employer must obtain the Labor Conditions Application (LCA). Once the certified LCA is received, the H1B petition will be filed. The petition must show that the foreign national is entering the United States or changing to H1B status for the purpose of temporary employment.
The petition must be accompanied by supporting documents such as degrees or academic records, licenses to practice a profession, and letters and other documents attesting to the alien's qualifications. Photocopies of original documents may be submitted, but original documents must be available for inspection by the U.S. Citizenship and Immigration Services (USCIS) upon request.
Any documents in a foreign language must be accompanied by an English translation. The translator must certify the accuracy of the translation and his or her competency in the language to be translated in English. This statement must be notarized. Credentials from most foreign academic Institutions must be evaluated for U.S. equivalency by a recognized credential evaluation service.
Once received by USCIS, the petition can take many months to be processed, and unexpected delays can occur. For this reason, please allow six months for USCIS processing before the official start date of employment. USCIS has instituted a Premium Processing Service in which they will adjudicate a complete petition within 15 calendar days of receipt; the processing fee is $1,000 (separate check required).
The H1B approval is granted on USCIS Form I-797 and a new Form I-94: Departure Record is issued. As you can see, there is no easy way for foreign professionals to prove their skills, knowledge and qualification in the United States. Nevertheless, if you are highly motivated and persistent, you may find that your goal was easier to achieve than you thought. Use this well known Latin proverb by Seneca the Elder, “Per aspera ad astra" (Through thorns to the stars), as your motto, and hold on hope. You really came to a free country with unlimited opportunities.
