In order to qualify for an H-1B visa, you must meet very specific requirements. The position must meet one of these criteria:. Additionally, you must have a degree either from the U. You must be a model of distinguished merit and ability. We may be able to help you sponsor workers under the H-1B program. Call us or contact us online today to speak with an immigration attorney who can answer your questions and help your company move forward. What is an H-1B Visa? What is the H-1B Visa Process?
Additionally, the employer must inform existing employees of the intent to hire a foreign worker in a public access notice. The LCA requires that the employer will not pay the international employee at a rate less than existing employees, may not be involved in a current labor stoppage, dispute or strike, and that union officials have been notified, where applicable.
Step 3: The prospective foreign employee applies to the Department of State at the appropriate U. Here the individual will prove qualifications for the H-1B visa. The employer must inform their existing employees that the LCA has been submitted.
Employers are legally required to keep a public access file to demonstrate the above compliance, which must be made available for public inspection. Should the petition be approved, the employee may apply for their visa through the Online Non-immigrant Visa Application system form DS and attend an interview at their local US Embassy or Consulate.
The H1B visa cap limits the maximum number of H1B visas that are made available during each year. The regular cap for was 65, An additional 20, visas were made available to applicants holding a Masters degree. This is called the Masters cap.
The number of petitions submitted each year vastly outnumbers the H1B visas made available. It is therefore important that any petitioning employer ensures their application is correct and complete and meets all of the sponsor requirements under the H1B visa. Should an H1B petition be made by one of the above organisations, it will not be entered into the H1B visa cap, but it will still be required to meet all eligibility requirements. Take specialist legal advice to ensure that all stages of your H1B petition process are dealt with correctly, from compiling information to communicating with the relevant authorities, so that your application has the best chance possible of a successful outcome.
We can guide you through the H1B application process, including advice on sponsor requirements. For advice about an H1B application, contact us. With offices in more than 30 countries, the company has begun amplifying its diversity and inclusion initiatives and has even established a Diversity Task Force to keep track of these measures. It received initial approval for H-1B visas in Uber has ruled the ride-sharing space since its inception in , carving out an identity for itself that encompasses the globe.
Uber received initial approval for H-1B visas in Based in Mumbai, Tata Consultancy Services has locations spanning the globe, making it a true driving force in the global IT services sector. With an employee base that exceeds ,, the company has made substantial efforts to drive diversity within the workplace and has even created a program designed to promote inclusive hiring in Latin America.
It received initial approval for 2, H-1B visas in Seattle is the U. S headquarters for this Bengaluru, India-based multinational corporation, which provides IT, consulting and business process services. It employs about , people in six continents, and has more than 40 facilities in 23 U.
Wipro received initial approval for H-1B visas in Tech Mahindra, based in Pune, India, has 24 U. Tech Mahindra Americas received initial approval for H-1B visas in Retail giant Walmart has come a long way since its days as a mom-and-pop shop. The company employs more than 2.
Given its dedication to promoting diversity within its communities, Walmart is no stranger to H-1B visa sponsorship, and received initial approvals for in Like its Silicon Valley compatriots, Facebook has been attracting foreign-born talent for years.
In recent years, the company has strengthened its diversity and inclusion initiatives, establishing a range of programs to foster diversity within the global tech community. The company had initial approval for 1, H-1B visa applications in E-commerce kingpin Amazon has changed the course of online delivery, establishing itself as a true pioneer within its field. Qualifying nonprofit research institutions are exempt from this cap.
The USCIS generally takes three to six months to process a completed application, but employers may choose to expedite the process by paying for premium processing, which guarantees the USCIS will adjudicate the petition within 15 days.
The job qualifications must meet one of the following criteria to qualify as a specialty occupation:. When recruiting for such a position, employers must ensure their applicants meet one of the following criteria:. The H-1B employer must pay its H-1B workers at least the "required" wage, which is the higher of the prevailing wage or the employer's actual wage in-house wage for similarly employed workers. This wage rate must be reported on the labor condition application LCA to the U. Department of Labor DOL.
Although the regulations governing the LCA process do not require an employer to use any specific wage methodology to determine the prevailing wage, they do require that the prevailing wage be based on the best information available at the time the employer files an application. See 20 C. By obtaining a PWD from the NPWC, employers are given "safe-harbor status," meaning that if the employer's wage compliance is investigated for any reason, the Wage and Hour Division of the Department of Labor will not challenge the validity of the prevailing wage as long as it was applied properly i.
Notice must be given to U. This notice must meet the requirements of 20 C. A copy of the completed LCA can serve as the notice, but it is not required to be posted as long as all the required information is posted.
Required information includes:. The employer must apply for and receive DOL certification of an LCA no more than six months before the initial date of intended employment. An employer's LCA must list all the places of intended employment that are identified at the time of filing.
There is no fee to apply for an LCA. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions and other sanctions to the employer.
The application requires the employer to attest that it will comply with the following labor requirements:. The two exceptions to electronic filing are business owners with physical disabilities or employers that lack Internet access and cannot electronically file the LCA through the FLAG System.
LCAs are reviewed by the DOL within seven working days for completeness and obvious errors or inaccuracies. Employers may check the status of applications that they have submitted to the DOL and directly access their certified applications at any time by logging into the FLAG System. Each employer will need to determine which strategy best meets their needs. Due to the limited number of H-1B visas granted each year, the USCIS holds an annual lottery for employers seeking to sponsor the visa on behalf of the worker who will be the visa holder or "beneficiary".
0コメント