What to Know If You Seek to Petition an H-1B Worker

American employers who want to sponsor a non-immigrant by hiring them to work in the U. S. should obtain an H-1B visa. Foreign sponsorship is common if you have difficulty finding the right talent for your business. Sometimes, you can hire highly educated non-immigrant workers if you can find workers domestically. Typically, you can sponsor nonimmigrant workers for a limited time through the H-1B visa program, which the Immigration and Nationality Act issues. While the program offers benefits for both parties, you must review and consider the terms and conditions of the program before you start the application process. A Dallas H-1B Visa Attorney can help you with this, streamlining the process to avoid headaches. 

Understanding an H-1B Sponsorship

For your company to employ an H-1B worker in the country, you need to petition for this worker to get their H-1B nonimmigrant visa. To successfully petition for an H-1B worker, that worker should have at least a bachelor’s degree and are applying for a specialty occupation that requires the use of specialized knowledge to perform the duties of the job. These job positions may be found in areas of specialty like law, engineering, medicine, and business. 

Important Things to Keep in Mind

Should the nonimmigrant worker successfully get an H-1B visa, they can work in the United States for up to three years on an initial grant of status. You can extend the status of this work for just an extra three years unless you secure an employment-based green card for them while they are in the country on their H-1B visa. 

Moreover, you need to file a Labor Condition Application with the Department of Labor wherein you have to make different attestations before you can complete the formal H-1B petition and the attendant forms. You will file all of the worker’s petition and pays for the fees associated with the petition process. The fees include a $460 filing fee and different program fees that you may be subject to in your petition. These fees range between $500 and $4, 000.

You must review the details of the proposed job to make sure it meets the visa program’s requirements. Also, you must give notice to your current employees of your desire to employ H-1B workers. You can do this either by email, printed notice, or electronic bulletin board. You need to do this at least thirty days before the date the Labor Condition Application is filed with the Department of Labor.