Sponsoring Employees on H1-B Visas: What Business Owners Need to Know

As businesses strive to attract and retain top talent from around the world, the H-1B visa program in the United States presents an excellent opportunity for employers. The H-1B visa allows you to hire foreign professionals in specialty occupations for a temporary period.

Understanding the H-1B Visa Program

You can use the H-1B visa for skilled workers in specialty occupations that typically require a bachelor’s degree or higher. These positions may be in the fields of Information Technology, Finance and Accounting, Architecture, Medicine and Healthcare, Law, Business, or Education among others. It enables you to fill critical roles with qualified individuals with specialized knowledge or expertise. The H-1B visa program is overseen by the USCIS (U.S. Citizenship and Immigration Services) and has an annual cap on the number of visas issued.

Requirements for Sponsoring Employees

To sponsor an employee in the H-1B visa program, you must meet certain requirements:

Specialty Occupation

The job you offer must qualify as a specialty occupation, requiring practical and theoretical application of highly specialized knowledge. Therefore, the position should require a bachelor’s degree or equivalent in a specific field.

Employer-Employee Relationship

You must establish a valid employer-employee relationship with the sponsored employee. This involves hiring, paying, firing, supervising, and otherwise controlling the employee’s work.

Prevailing Wage

You must agree to pay the sponsored employee the prevailing wage, which is determined based on the job location, position, and the employee’s qualifications.

Filing Process

Before you can sponsor foreign workers through the H-1B visa program, you must file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). This involves:

Obtaining a Certified LCA

You initiate the process by obtaining a certified LCA from the DOL. This requires accurate information about the job, including the location, salary, and work conditions.

Form I-129 Petition

Once the LCA is certified, you file Form I-129. This petition for a Nonimmigrant Worker includes details about you, sponsored employee, and offered position.

Supporting Documentation

Along with Form I-129, you must submit supporting documents such as educational credentials, job offer letter, proof of your ability to pay the prevailing wage, and evidence of the employer-employee relationship.

USCIS Processing

The USCIS reviews the submitted documents, verifies your eligibility and the employee’s eligibility, and determines whether the position qualifies as a specialty occupation. If approved, the USCIS issues a Notice of Approval (Form I-797).

Cap and Lottery System

The H-1B visa program has an annual numerical cap on the number of visas available. The regular cap is 65,000, with. However, there is an additional more than 19,000 visas reserved for applicants with advanced degrees from U.S. institutions. If the number of petitions exceeds the cap, a lottery system randomly selects the petitions for processing.

Premium Processing and Expedited Cases

You can request premium processing, which expedites the USCIS review process for an additional fee. This service guarantees a response from USCIS within 15 calendar days of receipt.

Visa Duration and Extensions

The USCIS typically grants an H-1B visa for three years, with the possibility of an extension for an additional three years. However, the maximum duration may vary depending on the specific circumstances and the employee’s eligibility for certain extensions beyond the six-year limit.

Baseline

Sponsoring employees through the H-1B visa program can be a valuable strategy for you as a business owner seeking to recruit skilled professionals worldwide. You can navigate the process smoothly by understanding the requirements and following the necessary steps. However, it is essential to stay updated with the latest regulations and consult legal professionals for accurate guidance throughout the process.