Here are some employer tips for starting the H 1B Visa Process. Any employer who may need to obtain an H-1B visa should be knowledgeable about how the process works so as to avoid problems and potential delays. Simply getting started on your own without any help from an Arizona immigration attorney can be confusing and overwhelming. Small missteps in your attempt to bring over an employee from another country could mean that you miss the opportunity for this year, so do not hesitate to consult with an attorney who can help you avoid these costly mistakes.

File the Right Forms

There are several forms needed to petition  for an H-1B. Form ETA 9035, also known as the Labor Condition Attestation, and Form I-129, a Petition for a Non-immigrant Worker are both required to obtain H-1B status The application for a labor condition attestation assures the Department of Labor that the employer will be given a fair salary and benefits along the lines of what would be provided to a United States citizen. The petition for a non-immigrant worker and any supporting documentation linked to it is essential for filing and receiving the H-1B visa. Your attorney can help you with these forms and meeting the filing requirements in a timely manner.

Understand What the Visa Means

Typically, a visa like this is granted for a period of three years. It can then be extended for up to three additional years. Additionally, it is possible for the employee to obtain additional time in H-1B status or another status.

Being knowledgeable about the various aspects associated with working with foreign employees coming to the United States is critical. Make sure you take note of any important dates involved with your employee, such as the expiration of the visa. You will want to think well in advance of how to tie up projects with this employee as well as whether or not you need someone else to fill the position.

Engage with an Immigration Attorney

Many employers who engage in this process on a regular basis make use of a relationship with an experienced Arizona immigration attorney. It could be very beneficial to obtain an attorney who has handled situations like this before and who can help you process things as effectively as possible while also avoiding problems with immigration agencies. Anytime that you can minimize your stress, it is much easier to handle these complex immigration issues.


This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Employer Tips for Starting the H 1B Visa Process, or other Immigration Law matters,  please feel free to contact Phil D. Ortega at  480.461.5330, log on to,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.