OIP Services > H-1B Faculty/Staff > Parties involved in H-1B Process

PARTIES INVOLVED IN THE H-1B PROCESS

U.S. Department of Labor (DOL)

State Employment Security Agency (SESA) determines prevailing wages for occupations in the geographic area of employment. In Kentucky, we fax our Prevailing Wage Information Request to the Kentucky Department for Employment Services.

Employment & Training Administration (ETA) receives and certifies Form ETA 9035, Labor Condition Application, and maintains a list of such applications.

Employment Standards Administration (ESA) investigates complaints, determines employers’ misrepresentation in or failure to comply with the LCA or the employment of the H-1B worker.

U.S. Department of Homeland Security (DHS)

Accepts the employer’s petition (Form I-129) with DOL certified LCA attached.

Determines if occupation qualifies as a specialty occupation

Determines if the alien’s qualifications meet minimum requirements for H-1B classification.

Confers H-1B status on the nonimmigrant, either through a change of status in the U.S. or admission to the U.S. in H-1B status.

U.S. Employer

Is the “Petitioner” in this matter. The employer submits a completed Form ETA 9035 to DOL after complying and documenting compliance with LCA regulations.

Makes LCA and supporting documents available for inspection within one working day after filing of LCA. This is referred to as the “public access file.” At WKU, the original file is kept with personnel records in Dr. Petersen’s office, and a copy is kept at OIP.

Submits a copy of certified LCA to DHS with I-129 petition.

·Employs H-1B worker pursuant to terms of LCA and I-129, after both are approved.

Alien Employee

Must be eligible for H-1B classification by demonstrating the necessary education, certification, and/or experience required.

Must not be subject to any bar to obtaining H-1B status. This can happen several ways. A common bar relates to an alien being in the U.S. on a J-1 visa that has a two-year home residency requirement. Be sure to check with OIP on the alien’s current status before pursuing further employment.

Must intend to work for the petitioning employer.

Is responsible for maintaining status by complying with the terms of employment. Must also maintain health insurance.

U.S. Department of State

The Department of State, through U.S. embassies and consulates, is responsible for issuing the actual H-1B visas.