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With an approved Labor Condition Application, the employer files a Form I-129 (Petition for a Nonimmigrant Worker) requesting H-1B classification for the worker. This must be accompanied by necessary supporting documents and fees.
Labor Condition Application. The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia).
If applying for H-1B1 change of status (form I-129 via USCIS), the fees are the same as the H-1B's, except an exempt $500 fraud prevention and detection fee. Also, Premium Processing is unavailable; If applying through Consular Processing, the employee only pays $190 as part of the DS-160 Non-Immigrant Visa application processing fee
Form I-360 and Form I-526 are the forms used for the EB-4 (religious worker and special immigrant) and EB-5 (investor/entrepreneur) categories. Form I-765 is the form used to apply for an Employment Authorization Document. Unlike the forms above, it is not a petition but an application made directly by the person seeking the EAD.
Companies like IBM and Bank of America seek H-1B visas to fill specialized jobs with foreign workers, arguing there aren’t enough domestic applicants.
An employer must determine H-1B-dependency status every time the employer files a Labor Condition Application. Further, if an employer who did not file as H-1B-dependent at the time of filing the LCA becomes H-1B-dependent when filing Form I-129, the employer cannot use the LCA and must obtain a new one.
The key difference between Forms I-140 and I-129 is that they are for immigrant and non-immigrant visas respectively. Form I-765 is the application form for non-immigrant workers to receive an Employment Authorization Document (EAD). Unlike the forms above, it is not a petition but an application made directly by the person seeking the EAD.
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