不过我现在办H1时间很紧，大家也要抓紧，那个premium process确实是15天，但是之
前的paperwork时间很久,特别是Step 3: The DOL Prevailing Wage Determination，
需要两个月。有兴趣的人可以看看我收到的办理步骤，特别是Step9。
Step 1: The Initial Check by Administrative Assistant
If your case is missing vital essential information you will be notified and
your case will be held until that information is received. If your case
includes all the requested items, information will be entered into our
database and proceed to Step 2.
Step 2: Detailed Analysis by an Immigration Specialist
Your case will be further analyzed to ensure we have all the needed
materials and to ensure compliance with federal regulations.
You will be notified if the materials submitted are incomplete or have
compliance issues. Your case will be held until the problems are resolved.
In addition, the requested start date may need to be changed and, depending
on the foreign national's situation, that individual may need to temporarily
depart the U.S. if there is insufficient time to submit the case to USCIS.
If your materials are complete and comply with federal regulations, your
case will proceed to Step 3.
Step 3: The DOL Prevailing Wage Determination
Emploer requests a prevailing wage determination from DOL to ensure
compliance with U.S. labor laws. DOL centralized this process at the
National Prevailing Wage Center (NPWC) in January. Due to the
centralization DOL's processing times for the prevailing wage determination
have dramatically increased to an estimated 2 months.
Once the prevailing wage determination is completed by DOL, the case will
proceed to Step 4 if the determination is equal to or less than the wage
offered by the employer. If the determination is higher than the offered
wage the case cannot proceed to the next step and the department will be
notified about possible options for resolution.
Step 4: The DOL Labor Condition Application
Using the prevailing wage determination, employer prepares a several page
document called a Labor Condition Application (LCA). The LCA verifies that
the employer is complying with DOL labor laws by showing the offered salary
meets, or is greater than, the prevailing wage determination and also states
working conditions.
Steps 5: Employer Posts LCA
Employer emails the LCA and detailed instructions to the department
administrative contact (and copied to the supervisor and foreign national).
The department is required by law to post the LCA at the work site(s) for
10 business days and notifies employer of the posting as instructed by
employer.
Step 6: DOL Certification of LCA
Employer is required to verify the LCA has been posted by the employer and
submits the LCA to DOL to get their official certification of approval. It
takes an estimated 7 days for DOL to certify the LCA and processing times
can change at any time without notice.
Step 7: Preparing the Case for Submission to Immigration
Once the LCA is certified the employer immigration specialist can prepare
the required United States and Immigration Services (USCIS) forms for the H-
1B petition.
Step 8: Case is Submitted to USCIS
Employer immigration specialist express mails H-1B petition to USCIS and
emails the department administrative contact and the foreign national to
notify the case has been sent. In addition, a copy of the petition is sent
to the department administrative contact.
Step 9: USCIS Processes H-1B Petition
USCIS processing times vary. Under the normal processing fee of $325, the
average time for a response is about two months but can be as long as 4
months. For quicker processing, the employer can pay an additional "Premium
Processing Fee" of $1,225 to USCIS for a response within 15 days. (Please
note that paying the USCIS Premium Processing fee will not speed up the DOL
prevailing wage process nor the other steps listed above).
Step 10: USCIS Approval of H-1B Petition
When USCIS approves your H-1B Petition, it will be mailed to employer.
Employer will forward the approval and related materials to the department
and new employee.
