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What options do I have if my business wants to sponsor an employee for an H-1B visa?

Picture of Chris Battis By   ·  1 minute read

As a lawyer, I can advise that there are several options available for businesses that want to sponsor an employee for an H-1B visa. Hiring foreign workers through the H-1B specialty occupation program allows businesses to tap into a global talent pool to fill specialized and technical job positions that American workers are not qualified for. Here are a few key things to know:

  1. Meet the H-1B Visa Qualifications: Before you can sponsor an employee for an H-1B visa, you must ensure that they meet the eligibility criteria. The H-1B visa is intended for skilled workers in specialty occupations who have a bachelor's or higher degree, or equivalent work experience. The employee must also be offered a specific job position and must be paid the prevailing wage for that occupation in the area where the job is located.
  2. File a Petition with USCIS: Once you have identified a suitable candidate for your business, you must file a petition with the U.S. Citizenship and Immigration Services (USCIS). The petition must include various supporting documents, such as the employee's educational and work experience credentials, evidence of the job offer, and proof that the business can afford to pay the prevailing wage.
  3. Be Aware of the Annual Cap: There is an annual limit on the number of H-1B visas that can be issued each fiscal year. In most cases, the cap is set at 65,000 visas for new hires, with an additional 20,000 visas available to workers who have graduated with a master's degree or higher from a U.S. institution. If the number of applications exceeds the cap, USCIS uses a lottery system to select the petitions that will be processed.
  4. Consider Premium Processing: If your business needs to hire an employee quickly, you can opt for premium processing. This service provides expedited processing of the H-1B petition within 15 days, for an additional fee. Premium processing can help ensure that your business can secure the services of the desired employee in a timely manner.

In conclusion, sponsoring an employee for an H-1B visa can be a complex process that requires careful planning and attention to detail. Businesses should work with an experienced immigration lawyer who can guide them through the process and ensure that all requirements are met.