How Does A Company Sponsor an H-1B Specialty Worker?

February 3rd, 2009

There are numerous benefits to companies who hire a foreign national specialty worker.  However, many companies shy away from sponsoring a foreign national worker because of the confusing maze of regulations and forms required, even when it would be in the best interest of the business.  When companies work with an immigration attorney, the process is not as onerous as it is should the company try it on its own.  The following provides a brief overview of the H-1B visa requirements and process.

In order to qualify for sponsoring an H-1B visa worker, the company must offer employment in a specialty occupation.  This is an occupation which requires the theoretical and practical application of specialized knowledge (e.g., architect, teacher, engineer).  The employer must pay at least the minimum prevailing wage as determined by state Employment Agency rules and the foreign national specialty worker must possess, at a minimum, a bachelor’s degree (or its educational equivalent) or training and experience that equates to the educational requirement.  Additionally, if a license is required for the specific position in question, the foreign national specialty worker must be licensed.  An H-1B visa is available for a maximum of six years.  The initial visa is granted for three years and an extension may be given after the initial three year visa. 

There is a cap on the number of H-1B visas that are issued each fiscal year (65,000) and for the past few years, the number of applications has far exceeded the available visas.  Applications are accepted beginning April 1, and the number of applications received usually exceeds the cap within the first 2 – 3 days.  The cap does not apply to foreign national specialty workers extending their existing H-1B visa.

In order to apply, the employer must file Form I-129 (with supplements) with the U.S. Citizenship and Immigration Service (USCIS), as well as comply with the Department of Labor (DOL) requirements for employing foreign nationals.  Numerous documents are needed to complete the application, including proof of educational requirements and experience requirements, and a labor condition application.

Working with an immigration attorney can greatly reduce the confusion and decrease the burden that the required paperwork can create.  Additionally, a properly completed and presented application has less of a chance of being rejected.

  • Comments(3)

3 Responses to “How Does A Company Sponsor an H-1B Specialty Worker?”

  1. Diegoon 14 Sep 2014 at 8:21 pm

    i had seen a poroaylm in Lucky Kids which had the coats on the poroaylm coat rack. i want to do a red riding hood with the wolf concept. totally forgot about Max and the wild things. great idea, love these!

  2. Levandovschion 20 Feb 2015 at 4:14 pm

    Hi.This is Atefe, Sorry for writing p-english,I’m not that good in tpniyg Farsi.I’m addressing Mr.Mojtaba and I wish he reads this comment as i’m so interested in his applying status since we are in a same boat.So dear Mojtaba, it will be so kind of you to do me this favor and contact me through my email address written below, I ve got so many questions to ask and I know you can be so helpful to me.I hope you read this comment and I’m waiting for your mail: RegardsAtefe

  3. Denion 24 Mar 2015 at 1:51 pm

    ???????? ????? ???? ????? ?? ??????? ????? ???? ? ???? ??? ?? ???? ??? ?? ???? ????? ?????? ??? ?? ?? ??? ???? ?????? ? ??? ?? ????? ?? ??? ?????? ?? ??? ?? ?? ???? ???? ???? ??? ?Centre d’expertise sur les formations aceiusqs hors du Que9bec(demandes internationales)255, boulevard Cre9mazie Est, 8e e9tage, bureau 8.01Montre9al (Que9bec) H2M 1M2Telephone: 514 864-9191Fax: 514 873-8701????? ??? ???? ???? ????? ???? ???? ????? ????? ??? ? ??? ???? ?? ?? ?? ?? ?????? ??? ???? ???? ?? ???? ?

Trackback URI | Comments RSS

Leave a Reply