H1 Visa and relevant document

1. 한국대사관에 제출할 서류

(Documents submitted to US Embassy in Korea)

H1B: Distinguished Merit (Other than Nurse) 

DS-156 (application form) and DS-157 (for applicants over 15 years of age).
Valid Passport (at least 6 months). 
One passport-size photo. 
Older passports containing previous visas. 
Documents substantiating previous legal status in U.S. 
Non-refundable U.S. Visa Application Fee of USD160
Original or copy of Notice of Approval Form I-797A or I-797B. 
Current employment letter indicating the nature of work, duration and salary. Job offer
Recent paystub/payslip. 
Copy of I-129 petition completed by employer and filed with Deparment of Homeland Security 
Copy of approved LCA if applicable. 
If previously under J-1 in U.S. applicant needs waiver of 2 year foreign residence rule. 
Evidence of qualifications must original or certified copy.

미국의 고용주가 준비할 서류 (Documents prepared by US Employer)

I-129 
It will take 1~3 months or more in processing. For FY 2010, USCIS announced on December 21, 2009, that enough petitions were received to reach the year quota. Trend analysis indicates that the FY 2011 cap may be reached sometime between early October and November since the economy is picking up and the recession is easing. Please note that FY 2011 starts October 2010. 

LCA (Labor Condition Application)
- a Certification of prevailing wages
The Labor Condition Application (LCA) included in the H-1B petition is supposed to ensure that H-1B workers are paid the prevailing wage in the labor market, or the employer's actual average wage (whichever is higher) , but evidence exists that some employers do not abide by these provisions and avoid paying the actual prevailing wage.
If the salary is lower than USD60,000, one should file LCA.
- Online certification can be acquired from the following URL
http://icert.doleta.gov - Usually level 1 is lower 17 percent of employees

다음은 캘리포니아주 오클랜드지역에서의 일반적임 임금의 예시이다.
Prevailing Wage Search Result
OES/SOC Title:Sales and Related Workers, All Other
OES/SOC Code:41-9099
State:CALIFORNIA
Time Series:7/2009 ? 6/2010
Area Code:36084
Area Title:OAKLAND-FREMONT-HAYWARD, CA METRO DIV
BLS or Counties / Township:County or Township
Level 1 Wage:$13.44 hour$27,955 year
Level 2 Wage:$19.01 hour$39,541 year
Level 3 Wage:$24.57 hour$51,106 year
Level 4 Wage:$30.14 hour$62,691 year
GeoLevel:1 
Code: 41-9099.00 Title: Sales and Related Workers, All Other 
All sales and related workers not listed separately.

Prevailing Wage Search Result
OES/SOC Title:Sales Managers
OES/SOC Code:11-2022
State:CALIFORNIA
Time Series:7/2009 ? 6/2010
Area Code:36084
Area Title:OAKLAND-FREMONT-HAYWARD, CA METRO DIV
BLS or Counties / Township:County or Township
Level 1 Wage:$29.04 hour$60,403 year
Level 2 Wage:$43.67 hour$90,834 year
Level 3 Wage:$58.30 hour$121,264 year
Level 4 Wage:$72.93 hour$151,694 year
GeoLevel:1 

Prevailing Wage Search Result
OES/SOC Title:Computer Systems Analysts
OES/SOC Code:15-1051
State:CALIFORNIA
Time Series:7/2009 ? 6/2010
Area Code:36084
Area Title:OAKLAND-FREMONT-HAYWARD, CA METRO DIV
BLS or Counties / Township:County or Township
Level 1 Wage:$25.38 hour$52,790 year
Level 2 Wage:$33.25 hour$69,160 year
Level 3 Wage:$41.13 hour$85,550 year
Level 4 Wage:$49.00 hour$101,920 year
GeoLevel:1 



FAQs
How do I apply for an H-1B visa?

The H-1B visa classification requires a sponsoring U.S. employer. The employer must file a labor condition application (Form ETA 9035) with the DOL. The application includes declarations including payment of prevailing wages for the position and working conditions offered. The employer must then file an I-129 petition with the USCIS and, unless specifically exempted under law, pay filing fees. Based on USCIS petition approval, the foreign worker may apply for the H-1B visa, admission or a change of nonimmigrant status. 

Must I file the LCA online?

Yes. Employers are required to file LCAs electronically using the Department's LCA Online System. The LCA Online System allows employers or their agents, who intend to employ alien worker(s) for a temporary period in professional occupations or as fashion models, the ability to file LCAs (Form ETA 9035E) electronically via the website. 

Can I file the LCA by fax?

No. The Department no longer accepts LCAs that are filed by fax.



Can I file the LCA by U.S. mail? 

No. The only exceptions are for employers with physical disabilities that prohibit them from filing electronic applications or employers without internet access. These employers must submit a written request to file their LCA by U.S. mail prior to submitting an application. The request should be addressed to: 

Administrator, Office of Foreign Labor Certification

Employment & Training Administration

U.S. Department of Labor

Room C-4312

200 Constitution Avenue, NW

Washington, DC 20210



Wage Depression
some studies have found that H-1B workers are paid significantly less than U.S. workers.

Hidden Cost Although, lower wages do not necessarily mean lower costs for employers. The costs for a company to apply for an H-1B visa varies between $1,440 and $3,000, depending on the attorney's fees(if used), the number of employees in the company, and if a faster premium service is paid.