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Posted on September 08 2022

Do you know how migrants are sponsored for an H1B visa in the USA?

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By  Editor
Updated July 25 2023

Highlights: H1B visa Sponsorship

  • Let’s learn how an individual is sponsored for an H1B visa
  • Learn how you can qualify and migrate to the USA as a skilled foreign worker
  • Be knowledgeable of the basics of an H1B visa and how the visa could help you build a career in the USA

Anyone who knows about working in the USA will know about the H1B visa; at least that it’s a visa that leads you to the opportunity to work in the most powerful economy in the world. Every year millions attempt to procure an H1B visa, one of the most popular sponsored work visas in the USA.

When US companies need skilled and qualified foreign workers, they largely depend on the H1B visa. Through this visa, they can hire persons with special skills which aren’t available in the local population. This visa is of a 3-year validity. It can be further renewed for another 3 years. That makes the total possible validity of the visa six years.

Who's fit for an H1B visa?

As per the USCIS rules, any individual who has a proven ability to put specialized knowledge in a certain field into theory and practice is fit for the visa. Such a person must also possess at least a Bachelor’s degree or equivalent qualification to be eligible for an H1B visa.

Steps followed by a US employer to hire an H1B worker

H1B visa is subject to sponsorship. This means, you as a skilled worker must be recruited by a US employer. Such an employer must sponsor you after convincing the US government that a skilled foreigner like you is required for the job vacancy.

Here are the steps involved.

Step 1: Ensure that the job you applied for is classified as a “specialty occupation”

When a US employer tries to recruit you, that employer must ensure that you:

  • Have completed a bachelor’s or higher degree in the US from an accredited college/university
  • Have an equivalent/higher degree in your country for that special occupation
  • Are authorized/hold a non-restrictive license/certification to practice that special occupation
  • Have at least 3 years of work experience in the relevant special occupation you have applied for. (3 years of work experience/field training = 1 year of educational experience).

Step 2: Fix the pay for the position offered under an H1B visa

  • It’s necessary for the US employer to pay you (the employee) as per the pay given to a similar post in the US. The employer has to take his/her geographical area into consideration too.
  • It’s necessary that the pay is the same or more compared to the other employees being paid in the US. The employer is obliged to declare this in the LCA.
  • The pay you are offered has to be fixed and informed to the US labor department.
  • The employer must obtain a PWD (Prevailing Wage Determination) from the NPWC (National Prevailing Wage Centre).
  • Other methods specified by the US employer can also be provided under the guidelines specified that could be “collective bargaining agreement” or “independent authoritative source”.

Step 3: Issue a notice to the US workforce working there at present

Before the US employer files the LCA (Labor Condition Application) to the DOL, it’s necessary to issue a notice within 30 days in compliance with guidelines.

In such a notice, the following information is given:

  • The number of H1B candidates the employer has plans to recruit
  • The occupational classifications under which the US employer is enrolling employees
  • The salaries fixed for each employee
  • The period of employment (3 years, with provision to extend till 6 years)
  • Where the employees are being enrolled (location)
  • A statement specifying that the employer is upholding labor conditions and wages payment must be submitted to the Wage & Hour Division in the Department of Labor.

The way to provide worker notification is as follows:

  • In case the employee gets enrolled by using the collective bargaining method, the notice needs to be submitted to the collective bargaining representative.
  • In case the collective bargaining representative isn’t available, the US employer would approach with the documents given below:
    • Hardcopy Worksite notice
    • Electronic Notice (sent via email)

Step 4: Submit the LCA to the DOL for certification

It’s necessary that the LCA is applied for by the US employer. That employer must receive it 6 months before the appointment of the foreign worker recruited through H1B.

The US employer must make a submission of the LCA to the DOL (Department of Labour). The US employer needn’t pay fees for the LCA.

The LCAs have to be posted online via the FLAG system. The LCAs are reviewed by the DOL in under 7 working days. Then the feedback is received by the employer in the UK.

The status of the application can be checked on the Flag System using the login provided.

Step 5: Register with the USCIS for the Annual H1B Lottery

The USCIS conducts a lottery for the H1B visa. Every employer is required to register for it so that H1B workers are recruited. Registration can be done before the employer applies or after applying. This depends on the needs of the employer.

The lottery is conducted in the USA because there’s a cap on the number of H1B visas issued in a year. Only those employers whose applications are selected will be allowed to submit an I-129 petition.

Employers must open an online account with the USCIS. They must pay the registration fee commensurate with the number of employees they are trying to recruit.

Step 6: The H1B Lottery

Once all applicants are registered for the H1B, the USCIS will conduct the lottery after closing the visa issuance. The current limit on the number of H1B visas that can be issued is 65,000. An additional 20,000 H1B visas will be issued for candidates having a master's degree or higher qualification.

Step 7: Submit Form I-129 to the USCIS

All those who register have to complete their H1B petition in under 90 days. This period is counted starting April 1st. After the LCA certification is done, the US employer should submit Form I-129. The employer must submit LCA as well as the notice from the Lottery registration along with Form I-129.

If you are willing to migrate to USA, talk to Y-Axis, the leading immigration and career consultant in the UAE.

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