H-1B Visa Processing Flowchart

H-1B visa processing involves two (2) different scenarios, depending on whether our firm is contacted by the Foreign Worker or the Employer-Sponsor. (See below).

NOTE: Although total processing time involved varies greatly with each case — depending on USCIS and DOS backlogs – Ortega-Medina & Associates makes every effort to push the pre-filing timelines. Assuming that both the employer and H-1B visa candidate work quickly and in concert with our firm.

 

Foreign Worker (Client) Initiates Employer-Sponsor Initiates
Client contacts Ortega-Medina & Associates regarding qualifying job offer. Employer-Sponsor contacts Ortega-Medina & Associates regarding hiring a foreign worker.
Ortega-Medina & Associates forwards the following to Client: Retainer Agreement, Questionnaire, and H-1B Checklist. Ortega-Medina & Associates forwards the following to the Employer-Sponsor: Retainer Agreement, Questionnaire, and H-1B Checklist.
Ortega-Medina & Associates contact employer for details regarding the job offer and the company. Ortega-Medina & Associates contacts the foreign worker for details regarding his or her background, including his or her education and experience. (If necessary, we will submit the worker's credentials to an evaluator for their equivalency to a U.S. bachelor's degree.)
Ortega-Medina & Associates files a request for the state prevailing wage. (The wage offered cannot be lower than the prevailing wage.) Ortega-Medina & Associates files a request for the state prevailing wage. (The wage offered cannot be lower than the prevailing wage.)
The Client faxes the questionnaire response and documentary evidence to Ortega-Medina & Associates. Ortega-Medina & Associates receives the prevailing wage determination from the state.
Ortega-Medina & Associates receives the prevailing wage determination from the state. Ortega-Medina & Associates prepares and files the Labor Condition Application;
Ortega-Medina & Associates prepares and files the Labor Condition Application; Ortega-Medina & Associates prepares the Notice of Filing of Labor Condition Application, and forwards it to the employer. (This notice must be posted on-site for 10 business days.)
Ortega-Medina & Associates prepares the Notice of Filing of Labor Condition Application, and forwards it to the employer. (This notice must be posted on-site for 10 business days.) Ortega-Medina & Associates prepares the H-1B petition package and forwards it to the employer for execution.
Ortega-Medina & Associates prepares the H-1B petition package and forwards it to the employer for execution. Ortega-Medina & Associates files the H-1B visa petition package, including the approved LCA, with the CIS via overnight delivery.
Ortega-Medina & Associates files the H-1B visa petition package, including the approved LCA, with the CIS via overnight delivery. Upon receipt of the H-1B visa package, the CIS sends a , which estimating processing time. (Ortega-Medina & Associates receives all notices and inquiries sent by the CIS). If the Client was changing from one H-1B employer to another, he or she may now begin to work for the new employer, pending adjudication of the H-1B visa.
Upon receipt of the H-1B visa package, the CIS sends a , which estimating processing time. (Ortega-Medina & Associates receives all notices and inquiries sent by the CIS). If the Client was changing from one H-1B employer to another, he or she may now begin to work for the new employer, pending adjudication of the H-1B visa. If the CIS approves the case it will issue an. (This should happen within 15 days, if the case was filed under the premium processing program.)
If the CIS approves the case it will issue an. (This should happen within 15 days, if the case was filed under the premium processing program.) Ortega-Medina & Associates forwards the Approval Notice to both the employer and the Foreign Worker via overnight delivery
If the Client is outside United States, he or she makes an appointment at the appropriate U.S. Consulate General for a visa issuance interview. (Does not apply to Canadian Citizens.) The Foreign Worker makes an appointment at the appropriate U.S. Consulate General for a visa issuance interview. (Does not apply to Canadian Citizens.) Ortega-Medina & Associates remains available to troubleshoot any problems that arise at the consulate.
If the Client is in the United States, then his or her previous visa status should be changed to H-1B, and he can now begin to work for the employer. (Note: the next time Client leaves the United States, he or she may need to visit the U.S. Consulate in his or her home country for a visa hardcopy.) If the Foreign Worker is in the United States, then his or her previous visa status should be changed to H-1B, and he can now begin to work for the employer. (Note: the next time Client leaves the United States, he or she may need to visit the U.S. Consulate in his or her home country for a visa hardcopy.)