If you need to hire an individual from outside the U.S., then the H-1B visa may be for you. It’s a non-immigrant visa that allows employers to temporarily employ foreign workers in specialty occupations and as fashion models of distinguished merit and ability. The H-1B visa is issued by the United States Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS).
Understand H-1B visa provisions.
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations on a case-by-case basis. The purpose of this program is to help U.S. employers who cannot otherwise find qualified workers in the United States fill positions with highly skilled professionals on an as-needed basis. To be eligible for an H-1B visa, you must have at least one year of specialized experience or equivalent education in your field of study or work history that qualifies you for the job position. You must also pass all required tests and/or examinations related to your particular profession as well as undergo a background check from DHS (Immigration & Customs Enforcement) before being granted permission by USCIS (U.S Citizenship & Immigration Services) office officials based upon whether or not there exist any negative factors against you such as criminal charges pending against you at any time during your stay within this country along with other factors which may include financial stability issues such as having no credit card debt past due payments etc.. In short: If you have been offered employment through either an approved company sponsor OR another means outside these guidelines then contact us today!Ensure the position qualifies as a specialty occupation.
- Ensure the position qualifies as a specialty occupation.
- To meet this requirement, you must be able to show that the position requires at least a bachelor’s degree or its equivalent in education, training and/or experience. A degree is considered equivalent if it is conferred by an accredited college or university and it has been determined to be comparable to a U.S. bachelor’s degree in terms of the academic requirements for degree completion (Example: An individual who possesses a master’s degree from an accredited college or university may be qualified for an H-1B specialty occupation even though that person does not hold a bachelor’s degree).
- If you are concerned about whether or not your position will qualify as a specialty occupation under this requirement, please contact us before proceeding with filing your petition so we can discuss any concerns and provide guidance on how best to proceed with filing your petition.
Determine the individual’s eligibility.
The first step to sponsoring an H-1B employee is determining whether the individual you would like to sponsor is eligible. Eligibility requirements for a visa include:- The employee must be a U.S. citizen or permanent resident
- The employee must have a bachelor’s degree or higher
- The employer must have a job offer from the employer that meets certain requirements, including payment of at least $60,000 per year
Prepare the job description.
Once you’ve found an eligible candidate, it’s time to prepare the job description. This should include:- Job title
- Job duties
- Primary duties (i.e., the most important tasks of a position)
- Qualifications and requirements for applicants (including education and experience requirements)
- Skills and experience required
Calculate the rate of pay.
The prevailing wage for the occupation in the area of intended employment must be paid to any H-1B employee who is not paid on a salary basis at a rate equal to or higher than the offered wage. The following are methods that may be used in determining whether an offered wage meets applicable standards:- If the position is located within 20 miles of an urban center, use data from that urban area. The first step is identifying which metropolitan statistical areas (MSA) and central cities are near where you plan to place your worker. You can find this information using on the BLS website. If there isn’t an MSA nearby, then use CBP’s list of rural counties instead.[The Office of Foreign Labor Certification (OFLC)] This website has detailed guidance on producing prevailing wage rates depending on where your business is located and what industry sector you’re in.
Notify the U.S. workforce.
The next step is to notify the U.S. workforce of the position you’re trying to fill, so that they don’t apply for it. This step is important because you want to ensure there are no qualified and available American workers who can be hired before proceeding with sponsorship. In other words, if you don’t notify your employees about an open position (and maybe even give them a chance to apply), then they won’t know about it and won’t waste their time applying for something that someone else has already obtained. For an H-1B visa petitioning employer in America to comply with the law regarding notifying its U.S.-based workforce about a job opening:- The employer must publish at least three times within 30 days prior to filing Form I-129 or Form I-140 (if applicable) a job order in either The Employment Certification News (TCN), which is published by DOL, or some other newspaper designated by DOL as having sufficient circulation among industries likely affected by its regulations; OR 2) An internet posting on either O*Net’s website or another website designated by DOL as having sufficient circulation among industries likely affected by its regulations; AND 3) An announcement at meetings where two or more employees are present
Submit Labor Condition Application to Department of Labor within six months of filing I-129 petition.
You can submit an application for labor certification to the Department of Labor (DOL) within six months of filing your I-129 petition. The DOL will review and approve your application, if you have met the requirements set forth by them. If approved, they will notify you via email that they have authorized your request and let you know when to send your H-1B visa application with USCIS. If the DOL denies a labor certification request, it will notify the employer by sending them a letter explaining why they denied their application.Prepare petition packet for USCIS filing
For premium processing or non-premium processing and submit it before April 1st for the annual H-1B lottery process; or at any time for non-lottery petitions.
- Prepare petition packet for USCIS filing for premium processing or non-premium processing and submit it before April 1st for the annual H-1B lottery process; or at any time for non-lottery petitions.
- Provide evidence of the employer’s ability to pay the offered wage.
