H1B Filing and Visa Waiver Entry

H1b filing

If you are a US employer intending to employ a foreign worker on a temporary basis, the company must first file a Labor Condition Application. You must first get approval from the Department of Labor before filing an h1b petition on form I-129 for the engineer1.

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I-797 Approval Notice

When the h1b petition is approved United States Citizenship and Immigration Services (USCIS) will mail an original I-797 Receipt to the applicant or petitioner’s attorney. The form will indicate that the USCIS has approved the employer’s petition to have the alien apply for classification in h1b status.

H1B endorsement on I-94 Record

Since the applicant is from a visa waiver program country the applicant will present the original form I-797 at the U.S. port of entry and does not have to make a h1b visa application at a US consular office2. Upon inspection and admission to the United States a DHS inspector will issue the applicant an I-94 indicating that the employee has been admitted in h1b status for the duration of the approved petition.

Passport validity

It is important to have a passport that is valid for at least six months beyond the duration of the petition otherwise the CBP inspector may issue an I-94 until the expiration date of the passport if it falls before the expiration of the petition.


If you are interested in working in the United States, we can help. Contact our H1b visa lawyer for a confidential consultation. Call 702-423-2721 for a speedy evaluation of your h1b or other US work visa options.


  1. 8 U.S.C. § 1101(a)(15)(H)(i)(b);  8 USCS § 1182 (n)(1).
  2. 8 CFR 212.1(i).
  3. 8 U.S.C. 1182 (a)(7)(B) (i).
  4. Legacy INS Operations Instruction (OI) 214.2(h)(9).