Kevin Keane

First, understand the difference between visa and status. This is discussed in the General FAQ.

First, find a job. The employer actually needs to do the paperwork. If you are the employer, hire an attorney.

The steps to getting an H-1B are as follows:

1. The employer requests a prevailing wage determination. The official way is to use your state's employment agency. For instance, in California, this would be EDD. You can also use other published wage surveys, but could be fined if DOL later finds that the wage was too low.
2. The employer applies for a Labor Condition Attestation (also known as LCA). If you apply for it on the Department of Labor Web site (see the link below), you will usually get an approval in a matter of minutes. You can also apply by mail, but this will take several weeks - why wait. The LCA also has the requirement that it must be posted publicly, or filed with a collective bargaining organization.
3. You collect your diploma and transcript. If it is not a US diploma, you need to get a credential evaluation. If it is not in English, it needs to be translated. It is permitted for you to do both yourself, but of course is generally preferable to use an credential evaluator and translator.

4. The employer fills out form I-129 (the petitions) and files it with USCIS. If you are in the US (for instance as a student), this must happen before your previous status expires.

   One of the questions asked on that form is for a US consulate abroad. Be sure to specify one that actually is authorized to issue non-immigrant visas. In most countries, only one or two consulates do.

   You may also consider filing form I-907 along with the I-129. This form requests premium processing and guarantees a response from USCIS within fifteen days. Don't forget to also apply for a change of status to H-4 for family members (form I-539)! Also remember never to include original documents with the I-129! The only exception is the original LCA; you must include this as original.

   Make sure you keep copies of everything you send to USCIS, and send it by certified mail, return receipt requested.

5. When the H-1B petition is approved, the next step varies.
   • If you are inside the US, look at the approval notice. If the bottom part is a detachable I-94, tear it off and staple it to the I-94 that you have in your passport. This I-94 indicates that USCIS changed your status. Note that you don't have a visa (for the difference, see the General FAQ). You are done and continue to be legally in the US. Be aware that this H-1B status is good only until your next trip outside the US (Canada and Mexico are usually OK). At that point, you will need a visa to return.
   • If you are inside the US and there is NO I-94 attached, you need to leave immediately (or at least, before your previous status expires and before starting work). Then follow the same procedure as described in the next option.
   • If you are outside the US, go to a US consulate in your home country (preferably the one that your employer specified on form I-129) and apply for a visa. The exact procedure varies; check the consulate's Web site for the local procedures.