How to apply for an H-1B Visa

First, you must find an employer willing to sponsor you.

Second, the employer has to fill out an LCA with the Department of Labor: An LCA is a Labor Condition Attestation. This can be submitted up to 6 months prior to your start date. An LCA is like an affidavit. It must describe the job, state the number of foreign workers needed for the job, state the wages you will be paid, what the prevailing wage is for the job (prevailing wage is roughly 5% below the weighted average salary), a written promise that the employer will pay the foreign worker 100% or more the prevailing wage with the same benefits, a statement attesting to the fact that the employer isn't filling spots due to strikes, work stoppages or lockouts, and a statement thta the employer has given the all labor unions notice of the employer's filing of the LCA. If no union exist, the employer has to post the notice of filing in two locations which are conspicuous at work site for 10 days.

Third, Employer must then file a petition on form I-129.

Fourth, the non-immigrant must file an application to the USCIS

Last, upon receipt of the visa, the non-immigrant should come to the U.S. and claim the H-1B status given.