However, the INS scrutinizes petitions by new corporations with limited capitalization to insure that someone didn't create the corporation solely to provide employment for an H-1B worker. The employer must attest that the job is being offered at the higher of the prevailing or the actual wage for the position, that the employer is offering the job at the prevailing working conditions for all other workers in the same job category at the facility, and that the employer has posted a notice of filing the H-1B attestation in two conspicuous locations at the place of employment or has notified the employee's bargaining representative. The employer must also keep records proving that the statements made in the Labor Condition Application are true. H-1B status is for your employer to determine the prevailing wage for the job. Your employer can get the prevailing wage by a request to the state Department of Labor or by using an independent authoritative wage survey or union contract.
Many employers use the Labor Condition Application form itself for the posting.
Your employer must also maintain documentation regarding the wages paid to aliens and other workers doing the same job. The employer must show that he or she will pay you the higher of the actual or prevailing wage. Once the Department of Labor accepts your LCA, your employer can file the H-1B petition with the INS with supporting documents. Once the INS approves the change of status, you can begin working for your employer. If you are abroad, the INS will send a notice of approval of the petition to a U.S. consulate and you can apply there for an H-1B visa.