How Does a Company Sponsor H1B Visas?


How a Company Sponsor H1B Visas : OPTNation

An H1B visa is the most popular visa and the most demanded visa for the United States. It is a visa process that requires certain regulations. 

The visa is a non-immigrant visa for the people urging to work as an employer in America. Many companies even seek international employees also offer to sponsor H1B visas.

There are many companies that have sponsor H1B visas and got a diverse international workforce. Some details that the company or the recruiter should know are as follows. If an employer or a company is aiming to sponsor H1B visa to an employee, then they should be ready to have the employee for 6 years. H1B visas allow organizations to employ foreign professionals for specialty occupations for up to 6 years. 

To sponsor an H1B visa to an employer, the employer should have a basic bachelor’s degree in the specialized subject of occupation.

The specialty here can be termed in the employment sectors like architecture, law, design, engineering, medical, and many other specialized sectors.

The H1B is a point-based visa process so before sponsoring it an employer should match the points of the candidate with the visa.

A term is also used for some companies with less than 25 employees who are considered ‘H1B dependent’. Some bigger companies with more than twelve H1B workers are considered to be H1B dependent. Some companies are domestic candidates considered to be H1B dependent if 15% or more of their workforce are H1B workers.

About the H1B scholarship

A scholarship can be understood as a benefit provided by the second or the third party agent. When to comes to sponsor H1B scholarship, the employer and the employee both go through some number of process and legalities.

The employer must file a Labor Condition Application (LCA) with the Department of Labor wherein the company makes various attestations before it can complete the formal H-1B petition and all of its attendant forms.

The employer also needs to file the petition and pay the fees on the website of USCIS to get permission to sponsor an H1B visa.

The fee can either be paid electronically as a bank transfer or in cash at a specified bank that has branches across India. The employer also has to create a profile on the US Visa Service website for updates. The employer must make an appointment within one year for a visa interview as the fee is good for a year from the date of payment.

Guidelines by USCIS 

United States Citizenship and Immigration Service will view the company that originally petitioned the H1B worker as the employer. The employer should have the idea for the job qualifications which they are about to propose and sponsor H1B visas for. 

An employer can only sponsor H1B visas to the candidate who has a Bachelor's or higher degree for the job is common to the industry because the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

When recruiting an international candidate, an employer must note that they have completed a U.S. bachelor's or higher degree or hold a foreign degree that is the equivalent to a U.S. bachelor, or one can also hold an unrestricted state license, registration, or certification that authorizes them to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.

If an employer can find a candidate who has a recognition of expertise in the specialty area then it would be turned out to be beneficial. 

It is also important for the H-1B employer must pay the "required" wage, which is higher than the prevailing wage or the employer's actual wage. This wage rate must be reported on the labor condition application (LCA) to the U.S. Department of Labor (DOL).

USCIS also releases guidelines for the sponsor H1B visa, the company or the employer must give notice to the U.S. workers within 30 days before the date the employer files the LCA with the DOL. 

The information that must be included in the applications should focus on the wages offered to the H1B immigrant, the duration of work, location, and classification of the employment.

How to sponsor H1B visas

There are a few rules and regulations that need to be completed by the employer before sponsorship. The employer is responsible for paying all the fees associated with filing an H-1B petition include $460 with various other additional program fees. Generally, these additional fees range between $500 and $4,000.

Employers need to review the details of the proposed job to ensure it meets the requirements of the H-1B visa program. So that the educational requirements of a minimum bachelor’s degree could be clarified or improvised. Employers that seek to utilize the H-1B program must provide notice to their current employees of the company according to the guidelines by USCIS. 

The notice must occur at least 30 days before the date that the Labor Condition Application (LCA) is filed with the Department of Labor.

A Form I-129, premium processing, fraud fee, ACWIA fee, and Public Law 111-230 are preferred documents at the time of submission that should be filled. Applicable fees should be stapled to the bottom right corner of the top document.

Other forms that are required to be filled are Form I-907, Form G-28, Form I-129, Petition for a Nonimmigrant Worker.

Documentation is very important when a company or an employer is aiming to sponsor H1B visas. The beneficial forms list is a little long in which an arrival-departure record or Form I-94 is required.

Next is SEVIS Form I-20 if the beneficiary is a current or former F-1 student or F-2 dependent along with SEVIS Form DS-2019 if the beneficiary for J-1 or J-2.

The Employer/attorney/representative letter if any should also be attached along with all the other supporting documents.

One of the important steps between selecting a candidate and offering a sponsor H1B visas is to follow normal F I-9 and hiring procedures.

Sponsor H1B Visas requirements

Labour Condition Application: The employer can get this application from the Department of Labour. This application works as a statement from the employer stating the wage that will be paid to the employee. This application also provides information regarding the working conditions for international employees.

H1B application: The employer should submit form I-129 along with the certified LCA form after getting the approval. This then follows with the interview with the local US embassy and online updates.

Information regarding the wage: An employer must know about the wage that the company has allocated to all employees according to the skills and experience of the H1B applicant. For sponsor H1B visas, an employer should have details about the wages paid to the candidates who are domestic.

Specialty occupation details: A bachelor’s degree is normally the minimum entry requirement for anyone to take the job. The degree requirement to be related to the industry. To perform the job is typically associated with people who have a bachelor’s degree or higher as they also are keen to get the experience. People applying for the sectors of fashion, on-field management, or any other specialized sector require higher qualifications.

 

Comments

Popular posts from this blog

How Foreign Workers Contribute to the USA to the Pandemic : OPTNation

Study at some of the most international universities in the USA