Initial Stage

1. Prospective H-1B candidate forwards the completed H-1B Questionnaire and requested documents to Jackson & Hertogs (J&H). If applicable, employer forwards the completed Employer Data Questionnaire to J&H. J&H will commence processing once all requested documentation and information is received.
2. Information and documentation are then reviewed by an attorney, and assigned to a paralegal for preparation.
3. E-mail notification is sent to H-1B candidate & HR Rep with name of paralegal assigned to case.
4. Any travel plans of H-1B candidate are reviewed by paralegal for possible conflicts. Travel e-mail, as appropriate, is sent to H-1B candidate & HR Rep by paralegal. Paralegal or attorney will follow-up, if necessary.
5. J&H obtains evaluation and/or translation of foreign academic degree and/or experience (if necessary).

H-1B and LCA processing

1. J&H will research appropriate wage support to prepare the LCA (Labor Condition Application). The LCA is a form that states the prevailing wage and the offered wage, and which must be submitted to the U.S. Department of Labor (DOL) before the H-1B petition can be filed. If there is a wage issue due to a discrepancy between the prevailing wage and the offered wage, J&H will contact the HR Rep.
2. J&H prepares and sends an electronic LCA to the employer for review & posting. The employer must post the LCA in two conspicuous locations at the H-1B candidate’s work site(s) for 10 consecutive days.
3. Once the postings have been placed, the Employer notifies J&H via email of LCA posting.
4. J&H files the LCA electronically with the U.S. DOL. Employer must create LCA files for public and DOL access within seven business daysof J&H filing the LCA with DOL.
5. J&H prepares the H-1B petition forms/supporting letter (and H-4 dependent application, if applicable).
6. DOL typically approves the LCA within at least 10 days. J&H receives the approved LCA and forwards it along with the completed H-1B petition forms/letter to the Employer for signature. Employer can now complete the LCA public access file.
7. J&H forwards required H-4 documents to the dependent family member(s) (if applicable) for signature.

Filing

1. Employer returns the signed forms/letters to J&H.
2. H-1B candidate returns the signed forms for H-4 status for any dependent family member(s) (if applicable).
3. J&H files the H-1B petition (and H-4, if applicable) with the appropriate USCIS Service Center.
4. USCIS issues fee receipt(s) to J&H. J&H forwards fee receipt(s) to the employer/H-1B candidate.

Decision

1. USCIS typically approves the H-1B (and H-4) petition(s). J&H will notify employer and H-1B candidate of approval.
2. In some cases USCIS may issue a Request for Evidence (RFE) before issuing its decision, in which case the employer and H-1B candidate are notified immediately of the documents/information requested on the RFE.
3. Jackson & Hertogs forwards the approval notice(s) and instructions to the employee.

This information is intended for clients of Jackson & Hertogs only. This is not intended to provide legal advice to non-clients of this firm. Nor will we respond to inquiries from non-clients. You should seek your own legal counsel in these matters.