How does a company sponsor H-1B visa?

H-1B visa it allows the US companies to hire highly skilled non- immigrants with a specialized degree in a particular field. With this visa, employees can work for 3 years which can further extend up to 6 years. This article includes step by step procedure of How does a company sponsor H-1B visa?

The Process of Sponsoring and Qualifying for an H-1B Visa How does a company sponsor H-1B visa?

Employer’s LCA application-Labor Condition Application (LCA)- It is to ensure that wage of the employee is either equal to or more than the prevailing wage. Before an initial petition for an H-1B visa, an employer has to file LCA with United States Department of Justice. It requires:

-The employee will get wage according to his position.

-The employee will receive equal benefits as others at the same position.

-The hiring of the employee should not affect the work culture.

-No ongoing labor disputes at the time of hiring.

Petition for an H-1B Visa-You can apply for the visa after successfully filing an LCA. Employee himself can’t file a petition,  An employer does on his behalf. After the petition is done, the application goes for approval of USCIS.

The approving of the Visa by USCIS-The wait is killing. USCIS considers various factors before approving a person’s H-1B visa. These factors may include:

  • Level of education and expertise of the employee.
  • Only a Degree holder can apply for H-1B visa.
  • Company size and financial conditions are also a factor.

Things Employee should know before applying for a visa:

  • In case the employee has Spouses/Children to accompany him, they can study over there but can’t work.
  • Company and its lawyers should know their traveling plan prior to traveling date.
  • An employee can quit its job but this will result in the termination of his visa.
  • In case of a dismissal, 60 days grace period is given.

One should be prepared to spend $1500-$4000 to complete all the government filings.

Diksha Garg

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