Can i open a company on h1b

Jan 6, 2023 ... The H-1B must be filed by a U.S. company for a candidate they intend to hire. Individuals can only begin the H-1B process with a sponsoring ...

Can i open a company on h1b. I had a incredible video that i was going to upload this week, definitely a viral video, but I am on a h1b visa, and that bring with it all sorts of implicat...

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2 Answers. 1. If you are working currently in the US on a H1-B visa, you can start a business, as long as you do not work for that company. You can only work for the company that sponsored your H1B and only the kind of work specified in the petition. There are no exceptions to this rule. However, you can establish a company and appoint a ...Employers subject to the H-1B cap can submit applications up to six months prior to the next fiscal year. Because the U.S. government's fiscal year begins October 1, applications can be submitted April 1 for the upcoming fiscal year. H-1B status, including work authorization, becomes effective October 1 of that year.1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant. 2. No, non-profit or for-profit does not matter you cannot transfer I-140s, you can transfer priority dates unless your 1-140 is based upon a National Interest Waiver or an EB-1A. Your green card can be transferred once your I-140 is ...The students in this time period start thinking of how to extend OPT or how to convert their OPT status into H1B status. Converting from OPT to H1B is not easy, as it requires the employers to file the H1B visa application for the candidate. ... The process of checking whether the company provides H1B visa or not can also be done online which ...Yes, you can start a company while in OPT. You can work in your company, but it should be related to your field of study. This is one of the available option to avoid 90 days of unemployment, if you are creative enough to come up with a business idea related to your filed of study. While you cannot start business before OPT, but you are ... Usually you can start working on the day you got the receipt. (Not approval) since it is approved you can start immediately. Tell the new employer about the one week break and two week notice. They will accommodate. Awesome, thanks a lot for sharing this, very good! I hope you’re enjoying your new job.. Hi one quick question When your h1b is ... 1, my understanding is to qualify for the tax benefit of a S-Corp the person must be a US resident or citizen. 2, to run a business on H1B requires H1B approval for that business. 3, without employment authorization being an officer and / or drawing a salary is unauthorized employment. Yes, you may run a business on H1-B.

April 30, 2021. If you want to start your own business while you are in the U.S. on an H-1B visa, you could apply either for a new H-B visa (the new company would sponsor you) or other type of visa. One issue that often comes up is if you would be the sole/majority owner of the U.S. company.On March 23 rd , 2018 USCIS published a notice saying that they are adopting a decision from Administrative Appeals Office (AAO) of S-Inc case, that will now apply for all H1B petitions, which is targeted to make it more difficult for employers to file multiple petitions and game the lottery system. Previously, USCIS gave news alerts indicating ...Jan 27, 2024 · The primary rule is that the H1B visa requires you to be employed by a sponsoring company, and that your business cannot replace this employer. Essentially, while on an H1B visa, the business you start cannot directly employ you, and you cannot receive a salary or actively work for it. What you can do is: Act as a passive investor in the business. A H1B is a work visa that allows foreign workers to work in the U.S. for a period of up to six years. The program allows companies to hire skilled foreign workers for jobs that are hard to fill. But some critics say it's too easy for companies to abuse the program and use it to replace American workers.Yes, H-1B visa holders can open an LLC (limited liability company) in the United States. However, there are some restrictions that H-1B visa holders must be aware of in order to maintain their visa status and remain compliant with U.S. immigration laws. H-1B visa holders can only own an LLC if they are a passive investor.H1B visa holders can change their employer while in the US under a process which is known as the H1B transfer. To be able to apply for an H1B transfer, they must first accept the new job offer is that you still have a valid H1B visa. They can then initiate the H1B transfer status, which could take several months.Updated May 31, 2022: Starting a company on H1B visa is important for entrepreneurs and business owners that may only have temporary ability to work in the U.S. for U.S. …

There is no time limit to join your new employer as far as I know. You can join your new employer as long as the H1B expiration date is not passed. The only thing to note is you cannot be on two payrolls working for 2 different companies on separate H1Bs. They have to be mutually exclusive.Essential Considerations for Opening a Company with an H1B Worker. Businesses looking to hire an H1B worker must thoroughly research the regulations and requirements for doing so, and should employ the services of an experienced immigration attorney familiar with H1B visas to ensure the process is done correctly.The $60,000 minimum annual wage is for either full or part-time workers who receive hourly compensation or an annual salary. All requirements listed above can be found in 20 CFR § 655 Subparts H & I and the Immigration and Nationality Act § 212 (n). Summary of the Cap-Exempt H-1B Category.To sponsor yourself, you should have a company that can sponsor your H 1b visa. You should maintain your current visa status and continue working for your sponsoring company and start a new company in the US. After incorporation of that company, you can file an H 1b petition for yourself if you satisfy the requirements discussed above.Aug 21, 2023 ... Can My Wife Work On My H1B Visa? H-1B visa holders' spouses may work or start a business in the United States as long as the H-1B visa is valid.Jan 8, 2024 · Can I start my own business on H1B visa? Yes, if you are on an H-1B visa status, you are allowed to start your own business. However, the process is not as straightforward as you think, and while on an H1B visa, you can only operate your business in limited scope as permitted by your visa.

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Structure their business with a board of directors. One option is that an H-1B visa holder could own and work for their own business, if they are employed and treated as a full-time employee. In ...You, as an H1B holder, cannot run the day-to-day activities of a non-sponsor company — but you can start your business, for instance, with a cofounder who is a U.S. citizen or permanent resident ...Aug 12, 2013 · While you cannot start business before OPT, but you are considered to be in F1 visa while in OPT. Starting Business in H1B visa. You could search online for starting business while in H1B and pretty much all the pages will say that you cannot start a company, business while in H1B. I’m going to give a completely opposite answer. Yes, you can ... Somebody who holds an H1B visa in the United States is allowed to be a member (owner) of an LLC if it’s in the form of a passive investment, however they are disallowed from actively working on the LLC, which would generally exclude them from being able to start an LLC as well. The H1B holder must be working for the company that sponsored ...

In the competitive talent market, attracting highly skilled H-1B visa employees can be crucial. When considering H-1B transfer candidates, determining the start date is important. Options include immediate commencement after delivery confirmation, start date based on receipt confirmation, or waiting for USCIS approval. Best practices include negotiating start dates and timing notice to the ...Can I open a business on H1B visa? Asked by: neha — 21 September, 2012 . HI, my question is can I open a business on H1B visa? Answered by: admin — 21 September, 2012 . Neha, In the United States, just about anyone in the world may register an LLC or a Corporation without having to be a citizen, resident or even present in the country. ...See the difference between the H1b visa and the L1 visa here. H1B Visa Cap. The applications open every year in spring. USCIS approves around 65,000 petitions per year starting from October 1 st to September 30 th of the following year. 6,800 petitions are reserved for H1B1 visas for Chile and Singapore nationals, while the rest for H1B …Quick Glance: H-1B visa holders can start businesses in the U.S., but there are restrictions on involvement and employment.; Passive ownership is allowed, but work for the business requires H-1B sponsorship from a separate company. It is crucial to seek legal advice, maintain primary employment, and understand compliance to navigate entrepreneurship successfully.The H1B visa holder’s new employer will have to submit an H1B visa transfer petition to the USCIS. The employee cannot do so on his/her behalf. The employee must not have violated any of his visa statuses or conducted any unlawful act in the U.S. The petition with the USCIS should be filed before the current employment period expires.H-1B and Other Specialty Occupation Visas: Answers to Common Employer Questions. The H-1B and E-3 specialty occupation worker visa programs can help businesses solve workforce challenges due to a lack of skilled talent. Here's what businesses need to know about the application process for these talented, well-educated foreign nationals.H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.Foreign nationals who are already in the U.S. working in H-1B visa status for an American employer may start up their own company. They can spend time after work forming the LLC or the Corporation (usually not an S Corporation), obtaining a business license, leasing office space, and hiring Americans to work for their company.Steven Brown is a Partner at Reddy Neumann Brown PC where he works in the Non-immigrant visa department and leads the Litigation Team. His practice covers all phases of the non-immigration visa process including filing H-1B, L-1, E-3, H-4, and H-4 EAD petitions. In the last two years, Steven has successfully handled over 1,000 non-immigrant ...The total H1B visa transfer cost is between $1,710 to $6,460. This cost can vary depending on the type of employer applying. Additional costs will apply if your employer hires a lawyer. On average, H1B attorney visa costs can be $2,500. However, depending on the law firm, this number will increase or decrease.As soon as the PERM/I-140 process is finished, it is said that you can apply for green card right away even without going through h1b. Yes, that is correct, as long as you and the company sponsoring you can satisfy the requirements such as the PERM process, I think you are probably good to go. The GC process takes a while, about 2 years give or ...The start date for the job must be no earlier than October 1st. You should bring your passport, H1B visa, and Form I-797 Approval Notice with you. Upon arrival in the United States, you will receive an electronic I-94 card. You should confirm that the dates on your I-94 card match your H1B visa. Your H1B status should be valid for up to 3 years. 7.

On Feb. 28, 2024, USCIS officially launched new organizational accounts that will allow multiple people within a company or organization to collaborate and prepare H-1B registrations, H-1B petitions, and associated requests for premium processing. Note that a new organizational account is required to participate in the H-1B Electronic ...

Yes, according to Social Security Administration, you can start to work without SSN. Typically what you need is a confirmation letter from SSA conforming that you applied for SSN. Read this document on SSA website. The biggest catch is that, it is not your problem as a H1B holder, it is your employer's or H1B Sponsor's issue as they are ...The only way to move to Customer Y is, Y has to file H1-B transfer only on or after Oct 01,2015 (Paystubs from Consultancy Z are not mandatory). If the customer Y files H1-B transfer before October 01,2015, it would be denied (It happened to three of us in 2014). Reason was, we have to file for H1-B transfer only when we are on H1-B valid start ...Don't think you can just open a company down here, normally for Canadians to immigrate to the US a company needs to sponsor you. Not sure if plumbing qualifies for a TN/H1B visa, might have better luck asking on the r/USvisa subreddit Reply replyCan I start A LLC Company On H1b. I am planning to start a LLC Corp and My visa status is H1B and it is App company I dont work for it . Asked in Austin, TX | Jan 12, 2017 | 4 answers. Ask your own question Get a real-time response from a licensed attorney for free! Ask a Lawyer - it's free! Yes, if you are on an H-1B visa status, you are allowed to start your own business. However, the process is not as straightforward as you think, and while on an H1B visa, you can only operate your business in limited scope as permitted by your visa. For instance – the H-1B visa allows you to work only for the sponsored company. Website. (954) 833-0394. Message View Profile. Posted on Sep 16, 2022. An H1B holder can own an LLC, only if they are a passive investor who does not work for the company in any capacity. The H1B visa cannot be sponsored by the LLC, and H1B activities with the LLC must not constitute unauthorized employment. Legal Consult …5. Concurrent H1B Employment Between Cap-Exempt And Cap-Subject Employers. An H1B worker working for an H1B cap-exempt employer can concurrently work for a cap-subject employer and can continue to work for the cap-subject employer even if he or she leaves the cap-exempt employer. The H1B worker, however, will not be able to extend the H1B ...

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Customer: Can I open a startup company of software in the USA while working on an h1b visa? Answered by Elizabeth in 1 min 4 months ago. Elizabeth. Lawyer. 48,926 satisfied customers. ... Can H1B visa holder start and own a LLC in CA? 2) Can be. 11.8.2012. RGMacEsq. Attorney. 1,084 Satisfied Customers.Yes, if you are on an H-1B visa status, you are allowed to start your own business. However, the process is not as straightforward as you think, and while on an H1B visa, you can only operate your business in limited scope as permitted by your visa. For instance – the H-1B visa allows you to work only for the sponsored company.This definition is not as narrow as it sounds, since non-profit H1B sponsors can be a branch or subsidiary of a primary institution such as a college or university. What that means is that a hospital that is affiliated with a university is a valid H1B visa sponsor. The applicant still has to demonstrate that they are seeking a ‘specialty ...No, you can't be an independent contractor while you are on an H1B visa. An independent contractor is the same thing as a freelancer. As an H1B visa holder, you are authorized to work only for the company on your Form I-129. Since freelancing work would not typically be authorized on an Form I-129, you can't be an independent contractor for ...Can the H1B Visa applicant self-register using the online tool? ... An H-1B application must come from the employer as opposed to the potential worker seeking an ...Additionally, as an H1B visa holder, there are many self-employment restrictions. Engaging in self-employment or owning a business while on H1B status can raise flags about whether you want to maintain the required employer-employee relationship. H1B regulations require that the sponsoring employer control and supervise your employment.Apr 14, 2021 ... Did you know that if you own a company or are an entrepreneur, you can list yourself as the sponsor for your H-1B Visa? Contact us to do an ... If you're currently on an H-1B, the way to start a business, as I understand it, would be to set up the company as a legal entity, put together an independent board of directors, and then have that company submit an LCA and H-1B application, then, if you're approved, transfer over to it. Reply. Shr93. •. is it legal to work on H1B Transfer FedEx tracking number? Like this thread 0 0. Watch this thread Start a new thread Add a post. Thread is empty. Showing 1 to 0 of 0 rows. Source: CompareRemit. My H1B transfer application reached USCIS Vermont on July-03-2017, but I haven't yet received Receipt number. Is it legal to start working for the new ...This can be likened to holding shares in a public company. If you start a business in this way, as an H-1B visa holder, you will need to employ someone to manage the business since you cannot do so. You still will be entitled to certain rights of ownership, but you cannot participate actively in the company. Therefore, you cannot run a business ...On Feb. 28, 2024, USCIS officially launched new organizational accounts that will allow multiple people within a company or organization to collaborate and prepare H-1B registrations, H-1B petitions, and associated requests for premium processing. Note that a new organizational account is required to participate in the H-1B Electronic ...Foreign nationals who are already in the U.S. working in H-1B visa status for an American employer may start up their own company. They can spend time after work forming the LLC or the Corporation (usually not an S Corporation), obtaining a business license, leasing office space, and hiring Americans to work for their company. ….

In other scenarios, you have to wait for the H1B approval before legally starting to work. For instance, if you hold F-1 status and do not have any other work authorization document, you must wait for the H1B approval before you can start working. Myth #7: I can start working as soon as my U.S. employer files the H1B petition. Reality: Good news!1. What is an H1B? H1B is a nonimmigrant visa category that allows a foreign worker to come to the United States and work in a “specialty occupation,” which …As the business landscape continues to evolve, the demand for qualified employees is on the rise. According to a 2021 McKinsey study, 69% of organizations surveyed reported an increased focus on skills-building following the Covid-19 pandemic. In this competitive talent market, international employees, particularly those on an H-1B visa, represent a valuable pool of talent.Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process. Schedule a Consultation - Call (619) 819-9204 - Law Offices of Jacob J. Sapochnick is dedicated to serving our clients with a range of legal services including Immigration and Self-Sponsoring Visa cases.Here are the steps you need to go through in order to apply for the H1B visa: Make sure you qualify for the H1B visa. Find a petitioner by applying for a job opening in the United States. Have the petitioning initiated by your employer. Apply for the H1B visa at the nearest US Embassy/Consulate in your home country.On an H1B visa, you can only work for your sponsor company — any steps you take to develop your startup idea will need to comply with those terms. This means you cannot act as the CEO of a...This amount of work would likely be seen as a second job, as a result it would probably be seen as a violation of the H-1B visa status. However, if you rented a room to lodger for an extended period of time, this might be allowable. It would be advisable speak with a lawyer before renting a room.The H1B transfer is a process that allows H1B holders to change their employers while their H1B visa is still valid. The H1B is a non-immigrant visa granted by the United States Citizenship and Immigration Services to foreign workers hired by US-based employers. The H1B visa is valid for three years and can be extended to an additional three years.Foreign nationals who are already in the U.S. working in H-1B visa status for an American employer may start up their own company. They can spend time after work forming the LLC or the Corporation (usually not an S Corporation), obtaining a business license, leasing office space, and hiring Americans to work for their company.Non-emergency medical transportation companies offer solutions for patients who lack their own transport to and from hospitals. Some offer international transportation services. He... Can i open a company on h1b, Work Visas that Allow a Husband or Wife to Work in the US. H-4 Visas are a special category of visas designed for spouses and children under the age of 21 of H-1B Visa holders. The status allows them to stay with the principal applicant, the H-1B Visa holder, in the US through the duration of the H-1B worker’s status., To file a transfer of H1, you must have 2 pay checks after your H1 is active. That means only by Nov 1 the new company can file for transfer. The safest bet is to transfer AFTER October 1 so that your H-1B status actually "activated" (this is a real legal grey area. Hypothetically employer B could file a H-1B petition for "new employment" after ..., In the worst-case scenario obtaining PERM and I-140 approval could take 22 months in total (8 months + 11 months + 3 months). This means starting the PERM process by the H-1B employee's 4 th anniversary. This would give you 24 months to get the PERM and I-140 approved, leaving enough time to file an H-1B extension requesting 3 years., Additionally, as an H1B visa holder, there are many self-employment restrictions. Engaging in self-employment or owning a business while on H1B status can raise flags about whether you want to maintain the required employer-employee relationship. H1B regulations require that the sponsoring employer control and supervise your employment., She can obtain three-year H-1B extensions past the end of her 6 th year of H-1B status indefinitely while waiting for a visa number to become available, even with a new H-1B petitioner. Employers who hire H-1B beneficiaries with previously approved I-140 petitions reap these benefits as well; they can file multiple three-year H-1B extensions on ..., If you don't already know the H1B season for 2021 is over. It started on March 9, 2021, and ended on March 25, 2021. It is called a season because, every year, there is a timeline during which individuals who qualified for an H1B visa could apply for it. If your employer is a university-affiliated with the research, you don't have to worry ..., On Feb. 28, 2024, USCIS officially launched new organizational accounts that will allow multiple people within a company or organization to collaborate and prepare H-1B registrations, H-1B petitions, and associated requests for premium processing. Note that a new organizational account is required to participate in the H-1B Electronic ..., Hi, Hope you are doing well! I'm on H1B visa. I would like to check, if I can do part time job which not related to my full time time job. Example:, If the IT consulting company retains control over its employee's work, salary and advancement it may still obtain an H-1B visa, according to the Neufeld Memo. Many employers, attorneys and even USCIS or a Consulate may request a letter from the end client. Sometimes these are difficult to obtain. If you can get a letter from the end user ..., Can I open a LLC while being on H1B? I understand that I can't be actively involved in operations but I want to know if I can be the founder/ owner on H1B and if it will affect my GC Share ... A limited liability company is the US-specific form of a private limited company. It is a business structure that can combine the pass-through taxation ..., Hi, I am currently on H1b visa too. Since we cannot earn active income but can build an LLC, you must have people work for your airbnb (ie. property manager) for it to be considered as passive income; that you are just the owner and investor. This is just based on my own research, I haven't done it myself., You cannot work for numerous companies while on H-1B status, so starting your own company can seem like a tricky task. Fortunately, it is very possible to set up and launch a new company …, This is part 3 of our FAQ series of the H4 Visa EAD rule was passed by DHS with effective date of May 26, 2015. You can check out the second part of H4 EAD FAQs -Part 2 - I-140 Change Employers, L1B, CPT, written by Emily, who is a highly qualified immigration attorney practicing only immigration law for over 10 years., When Can I Start working during Grace Period with H1B Transfer? You can start working for the New Employer, as soon as you have received the USCIS Receipt Number. ... You can enter on h1B, if you have a company that has a job and have h1b approved from them. Reply. John. January 31, 2023 at 11:10 am . Hello, I am on H1B visa from a cap-exempt ..., Apr 5, 2020 ... The H1B process takes time, luck, qualifications, fees, and skilled form-filling. I suggest avoiding it by never working in the US., Hi, I own my S-CORP since 2017 and my house address is the company address. My question is can I sponsor H1B Visa? Do we need to have a separate address for my company other than my house to sponsor the Visa?, Therapists. For example, the "systems analysis and programming" entry on this list can include software engineers, computer programmers, programmer analysts, and systems analysts. Therefore, this list offers some guidance into the various occupational families, which you can explore further to identify jobs that can qualify for H-1B visas., Yes, but your role in the company must be passive as you are not authorized to work for anyone other than you H employer. Whether or not you can transfer your employment to the new company depends on a number of factors starting with your nationality. , H4 EAD holders, as dependents of H-1B visa holders, can open an LLC in the U.S. under specific conditions. Eligibility, legal considerations, financial obligations, and advantages of starting an LLC on H4 EAD are crucial. Planning, legal compliance, funding, success stories, and seeking professional guidance are key elements in entrepreneurship ..., Generally it would be extremely difficult if not impossible for a company to sponsor its own owner as an h1b. However, a limited liability company would ordinarily be able to sponsor an h1b. No they may be able to obtain an investment based visa or green card instead. For a free consultation you may contact my office., Yes, the US employer can file your H1B petition under the premium processing. There will be an additional fee for expedited processing. The USCIS guarantees to process the petition in 15 calendar days in case of H1B premium processing. Can H1B visa holders start their own company in the US? Yes, they can., Posted August 24, 2016. On 8/23/2016 at 8:50 AM, JoeF said: The logic is that an H1 is a temporary work visa to work for one employer, and that employer only. An H1 is not for running a business. To run a business, a person needs unrestricted work authorization, like a Greencard. It isn't really all that hard., Generally, an alien in H-1B status (hereafter referred to as “H-1B alien”) will be treated as a U.S. resident for federal income tax purposes if he or she meets the Substantial Presence Test. The test is applied on a calendar year-by-calendar year basis (January 1 – December 31). Under certain circumstances, an H-1B alien who fails to ..., 5. Concurrent H1B Employment Between Cap-Exempt And Cap-Subject Employers. An H1B worker working for an H1B cap-exempt employer can concurrently work for a cap-subject employer and can continue to work for the cap-subject employer even if he or she leaves the cap-exempt employer. The H1B worker, however, will not be able to extend the H1B ..., Usually L1 is tied to same company. 3. You can enter on h1B, if you have a company that has a job and have h1b approved from them. Reply. John. January 31, 2023 at 11:10 am . Hello, I am on H1B visa from a cap-exempt employer. I resigned from employer “A” last November 14, 2022. I received my release letter from employer “A” on …, They can then start the H1B transfer status. This process can take a few months. For the employer, should they find a working candidate who is already working in the United States on an H-1B Visa, the employer may transfer the visa from the current employer to the new company. U.S. Citizenship and Immigration Services must be made aware of the ..., As the business landscape continues to evolve, the demand for qualified employees is on the rise. According to a 2021 McKinsey study, 69% of organizations surveyed reported an increased focus on skills-building following the Covid-19 pandemic. In this competitive talent market, international employees, particularly those on an H-1B visa, represent a valuable pool of talent., Here is my question, I am currently working for A with H1B, then I got a new job at B and H1b Transfer got approved. Say H1B will take effect on Nov 15, 2021. Do I need to work for B starting from Nov 15, 2021? Or can I work for B starting from Dec 1 but still work for A and receive a paycheck from both of them until Jan 31 2022?, Without i140, 7th yr extension if PERM pending 365+ days, including Audit. AM22Tech Team Updated 1 Mar, 24. You can file an H1B extension after 6 years easily with an approved i140. This will be cap-exempt. With approved i140, you are eligible to file 3 year H1B extension. With approved PERM and pending i140, you can only file a 1 year H1B ..., Key Takeaways: The H-1B Lottery Registration Window for fiscal year 2024 begins on March 6th, 2024, with the closing date March 22nd. ( Correction, end date is extended to March 25th by USCIS) To prepare for the registration, employers should gather necessary information and consider various candidate categories for the lottery., This impacts the duration of the H-1B visa. For instance, if an L-1 employee spent 3 years in the US but received an increment of 2 years. The total time spent in the US under an L-1 status is 5 years. This means that, when changing to H-1B, this worker will only get 1 year H-1B, instead of 3 years + 3-year extension., By Kyle Knapp, Attorney · Capital University Law School. The H-1B visa category is for noncitizens who will either work in the United States in a "specialty occupation," perform services under a Department of Defense-administered project, or work as a fashion model of distinguished merit and ability. (See 8 C.F.R. § 214.2 .), Step 2: The employer files a completed Form I-129, Petition for a Nonimmigrant Worker, with the USCIS. The application should also include the certified Department of Labor approval of the LCA. Step 3: The prospective foreign employee applies to the Department of State at the appropriate U.S. embassy or consulate.