How to sponsor an individual for an H-1B Visa?

Highlights: Sponsoring an individual for an H-1B Visa

• Around 3.5 lakhs i.e., 75% of the total H1B visas issued by the USA have been bagged by Indian citizens in 2021.
• H1B visa provides a validity of 3 years and can be extended to 3 more years.
• H1B visa slots for the FY 2023-2024 were already filled.
• The candidate has to possess a license or a special occupation-related certification.
• The salaries that are paid to the employees must be either high or equivalent to the other job holders who are been paid in the USA and this has to be declared under the LCA.

H1B Visa

Of the H1B Visas issued by the USA in 2021, 75% of those total visas have been received by India-born individuals which means 3.5 lakh Indians have obtained H1B Visas.

An H-1B work visa allows a person to work in the USA. H1B allows Companies in America to recruit foreign citizens possessing special skills which are not available in the current working place. H1B comes up with a 3-year validity period and can be extended for another 3 years, which means a total of 3 years.

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According to the United States Citizen and Immigration Services (USCIS), any individual who possesses specialized skills and has the ability to implement practical and theoretical knowledge along with having a Bachelor’s degree or any equivalent will be considered qualified for an immigration visa H-1B.

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Steps that are required to be followed during the recruitment of an H-1B worker:

STEP 1: Make sure that the job you have applied for is a “specialty occupation”.

The hiring companies need to make sure that the below-mentioned criteria are met to apply.

The applicant has finished his/her bachelor’s degree or a higher degree in the US from an authorized college or a university.

If the applicant possesses any equivalent or higher degree in a foreign country particularly for that occupation.

The applicant needs to be authorized or possess a legal license or a certification to good practice in that special occupation.

Need to have at least three years of work experience in that particular special occupation that the applicant is applying for.

Note: Three years of field training or work experience is considered equal to one year of educational experience.

STEP 2: Manifest the wages for the H1B position
Considering the geographical area, the H1B employer has to pay the employee in accordance with a similar post in the USA.

The wages that had to be paid must be either more or equivalent to the other job holders being paid in the USA and this need to be acknowledged in the Labor Condition Application (LCA).

Along with the circumstances mentioned above the wages must be set and reported to the labor department in the USA.

The job provider has to apply for a Prevailing Wage Determination (PWD) and receive the same from the National Prevailing Wage Centre (NPWC).

As per the instructions mentioned, the other methods that must be specified like the “independent authoritative source” or “collective bargaining agreement” might have to be provided.

Step 3: Must give a Notice to the workforce U.S. currently working there

In 30 days, notice needs to be submitted before the employer files LCA to the US Department of Labor (DOL).

The essential information that has to be submitted is mentioned above: 

• The number of H1B candidates the job provider is planning to recruit.
• Employees that have been employed under the occupational classification.
• The designated wages for each employee.
• The length of the employment (3 years, can be extended to 6 years)
• The employees recruited for the locations
• An affidavit needs to be submitted, declaring the advocating of the labor conditions and the wages paid. This affidavit needs to be submitted to the Wage and Hour Division in the DOL.

Notification for workers needs to be provided as mentioned below:

The notice has to be given to the collective bargaining representative, in case the employee is being employed by the collective bargaining method.

If the collective bargaining representative is not present, the job provider needs to approach with the following:

Hardcopy Worksite notice: A notice need to be submitted to the LCA that has to be shown at the two of the locations for a minimum of 10 days.

Electronic Notice: An electronic notice needs to be sent through email to all the workers in a location where H1B workers are required.

Read more…

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STEP 4: Submission of LCA to the DOL for Certification

A document needs to be applied for and obtained 6 months before the appointment of the H1B candidate. The job holder needs to submit an LCA to the DOL. No fees are needed for the LCA.

This document works as attestation or proof, and if it is not getting complied might lead to fines, can be detained, bars on upcoming employment, etc.

Considering the geographical area, the H1B job provider needs to pay the job holder as per the pay specified for a similar post in the USA.

 The wages have to be either more or equivalent to what the job holders are being paid in the US and this must be acknowledged in the LCA.

The LCAs need to be uploaded and had to be posted using the FLAG system. During this, if the job provider is unable to file the same online, then he should appeal to the Administrator to file the same by email.

The DOL will review all the LCAs in 7 working days and feedback is received.

 The flag system is updated with the log statuses.

STEP 5: Sign up with the USCIS for the Annual H1 B Lottery

At the USCIS, a lottery will be held for which the employer must register. The job provider can register either before or after the application based on his requirement.

During the lottery that is held because there are finite visas being provided by the Immigration Department. Electronic registration is required on behalf of the employer. This contains the basic information regarding the employer’s business or organization.

This is used to apply between March 1st to March 20th and is required you to submit $10 per employee required. The winners get information by at the latest March 31st. only winners will need to submit an I-129 petition.

The job providers have to open an online account with the USCIS by clicking on “I am an H-1B registrant”

 Details required:  

• Company name
• Business name
• Employer ID
• Employer Address
• Name of Authorised Signatory, title, and contact details.
• Beneficiary name, gender, DOB, country of birth/citizenship, passport number
• Whether the beneficiary has a Master’s degree or higher degree,

According to the number of employees, the registration fee needs to be paid.

Also read…

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Student visa application process changed by US Embassy in 2022

 STEP 6: Lottery

After signing up all the applicants for the H1B, the visa will be closed, and USCIS run the lottery.

Initially, 65000 limitations would get addressed, followed by an additional 20000 for a master’s degree or higher.

Points to note:

• By the end of the fiscal year, all the statuses of applicants will be shown as “Submitted”. And then all those that are listed as either “Selected”, “Not Selected” or “Denied” will show up.
• Those who are “Not Selected” might be given a visa if the USCIS considers it necessary to increase the number of visas for the following fiscal year.
• Those who have received “Selected”, can submit an H1B for the current fiscal year.
• Those who have been “Denied” have to submit one or more applications for this FY as they are denied.
• Those who got “selected” will be assessed accordingly on or before March 31st.

STEP 7: Submitting the Form I-129 to the USCIS

All the signed-up registrants need to finish their H1B petition in 90 days beginning from April 1st. as soon as the LCA certification is done the employer needs to put forward Form I-129. Do not forget to submit the LCA and the notice from the Lottery registration along with Form I-129. Make sure to read the instructions on Form I-129.

Paying the number of fees will vary from employer to employer and is clearly mentioned in the Form I-129. Then the petition has to be completed. Check the order of the documents list that is mentioned in the form being applied for.

• Form I-907(premium processing)
• Form G-28(if represented by an attorney)
• Form I-129 (petition for non-immigrant workers)
• Optional Checklist for Form I-129 H-1B Filings

Also read…

USCIS Completes FY 2023 H-1B Selection

H-1B registrations increased by 57% to reach 4.83 lakhs in 2023

STEP 8: Instructions to the prospective workers outside the USA

After receiving the Form I-129 approvals, the job provider needs to receive Form I-797 which contains the Notice of Action. That specific copy has to be sent to the recipient so that the applicant can apply for an H1B visa at the USA consulate or embassy.

And now the H1B worker has to apply for Customs and Border Protection for entry through the H1B classification. Even after the employee arrives, the employer needs to follow the procedures of Form I-9 after following the other hiring procedures.

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