As outlined by USCIS, requesting sponsorship for an H-1B candidate requires a 3-step process:
- The employer begins by presenting a complete and accurate Labor Condition Application (LCA) Form 9035 to the Department of Labor. ...
- The employer files a completed Form I-129, Petition for a Nonimmigrant Worker, with the USCIS. ...
- The prospective foreign employee applies to the Department of State at the appropriate U.S. embassy or consulate. Here the individual will prove qualifications for the H-1B visa. ...
How to find companies that sponsor H1B?
Various Options
- Search H1B Visa Sponsors Database. The simplest way to find a H1B sponsor is to look at the website H1BGrader.com that has H1B Visa Sponsors Database.
- Find H1B Visa Jobs and get job offer. ...
- Internship work – progress to H1B visa. ...
- Find Jobs at American Universities – No Quota for H1B Sponsorship. ...
What are the requirements for H1B visa?
H-1B Visa Requirements. H-1B visa applications require a petitioner (the employer) and beneficiary (employee). The beneficiary must meet a minimum of one of the following requirements: Have completed a bachelor's degree (or higher) in the same field as their specialty occupation from an accredited university.
Is H1B a nonimmigrant visa?
The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.
What are the rules on H1B extensions or renewals?
What are the rules on H1B extensions or renewals? An H1B visa is generally good for three years. The visa may be extended for an additional three years. To obtain an extension, the employer must file a new Form I-129 and submit additional filing fees. The cap-subject employer need not worry about the H1B cap for a renewal because the employee ...
Can an individual sponsor for H1B?
Who can use H1-B visas? Nonimmigrants who are slated to work under a “specialty occupation” are eligible to be sponsored by their future employer for an H1-B visa. They must hold a minimum of a bachelor's degree or its equivalent from an accredited university. Those with higher education can also receive this visa.
How much does it cost to sponsor someone on H-1B visa?
The H-1B visa cost can range from $1,720 to $6,470 or more depending on attorney fees, optional fees, and employer criteria. However, only lottery-selected petitions will pay more than the $10 registration fee. With that said, it's still necessary for all parties to be completely aware of the H-1B filing fees charged.
How do I sponsor an employee for H-1B visa?
How to Sponsor an Individual for an H-1B VisaStep 1: Review the Job Description to Ensure It Qualifies as a Specialty Occupation. ... Step 2: Determine the Rate of Pay for the Position. ... Step 3: Notify the U.S. Workforce. ... Step 4: Submit Labor Condition Application (LCA/Form 9035/9035E) to the DOL for Certification.More items...
Who can sponsor for H-1B visa?
Any US employer can sponsor an H-1B petition, provided it has an IRS Tax Number, also known as an IRS Number or Tax ID Number. This number is needed for obtaining approval of the Labor Condition Application (LCA), which is an essential preliminary to the H-1B petition itself.
Can I sponsor an immigrant that is a non family member?
Can a U.S. citizen sponsor a non-family member for immigration? Unfortunately, no, you can't petition for a foreign national's visa or green card if they aren't a family member.
How can I sponsor someone to USA?
As a U.S. citizen, you must file a separate petition for each one of your direct relatives, including your own children. For example: To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—file a separate petition for each of them.
How much does it cost to sponsor an employee?
In general, a visa sponsorship costs approximately $4000 but may cost $8-9,000 if a company has more than fifty employees and 50% of those employees are foreign nationals....How Much Does It Cost to Sponsor a Visa?Visa/FormCostAmerican Competitiveness and Workforce Improvement Act of 1998 charges$750 to $1,5004 more rows•Mar 16, 2022
What is required to sponsor an employee?
As explained, getting a sponsorship employment visa requires you to have an offer from a US employer. The US employer must send you a contract to sign, which will then be part of the sponsorship documents. In some nonimmigrant visas the Department of Labor first requires a Labor Certification.
How much does it cost to sponsor a work visa USA?
Petitioning for foreign workers in the H-1B and permanent employment-based visa sponsorship processes can be an expensive. Sponsoring a nonimmigrant employee for the H-1B can cost anywhere between $1,250 to $4,500 in filing fees alone, not including fees paid to attorneys to facilitate the process.
Why are so many US companies not willing to sponsor H-1B visa?
The short explanation for why companies don't sponsor H1b – or employment – visas is that they don't feel like they need to. Sponsoring an H1B visa requires extra effort on the company's part to collect data, work with lawyers and the government, and manage timing.
Who can sponsor me in USA?
Who You Can Help ImmigrateWho Can Sponsor WhoWho You AreImmigrants You Can PetitionU.S. citizenMarried children or adult childrenU.S. citizen age 21 or olderBrothers and sistersU.S. permanent residentUnmarried children4 more rows
What is the minimum H-1B salary?
$60,000For the $60,000 wage to be determined, the nonimmigrant has to receive an annual salary or hourly wages that in total make at least $60,000, whether the worker has a full-time or part-time job. At the same time, the salary has to be paid “cash in hand” and “free and clear”, as well as paid when due.
H-1B Sponsorship: Guidelines to Sponsor an Individual for an H-1B Visa
The registration process for filing for an H-1B visa for FY 2022 starts soon, and it is important that the employers stay updated with the obligations before they file petitions for their employees.
H-1B Visa Petition Guidelines
An H-1B visa is known to provide employers with the opportunity to hire foreign individuals for specialty occupations. The program intends to aid employers by letting them hire talent with the business skills and abilities needed for the job, that may not be easily available in the US.
What is an H-1B visa?
Obtaining an H1-B visa will allow a United States company or employer to sponsor a nonimmigrant to come to the United States and work in what’s known as a “specialty occupation.”
Who can use H1-B visas?
Nonimmigrants who are slated to work under a “specialty occupation” are eligible to be sponsored by their future employer for an H1-B visa. They must hold a minimum of a bachelor’s degree or its equivalent from an accredited university. Those with higher education can also receive this visa.
How are H-1B visas different from other nonimmigrant visa programs?
However, an H1-B visa provides the most streamlined process to gain permanent resident status for a foreign employee through a concept known as “dual intent.”
How long can a nonimmigrant work in the US?
A nonimmigrant worker that receives an H-1B visa can work in the U.S. for up to three years on an initial grant of status. The employer has the ability to extend the status of that worker for only an additional three years, unless the employer seeks an employment-based green card for that worker while they’re in the U.S. on their H-1B visa.
Where do I get an I-797?
Employers will receive a Form I-797 Notice of Action if the petition is approved. The nonimmigrant worker will take a copy of the completed petition with all its forms and apply for their visa with the Department of State. They can do this at a consulate within their home country or at a U.S. embassy.
When did Trump suspend H-1B workers?
Before we go further, an important note: President Trump issued a proclamation in June 2020 that suspended the entry of many H, J, and L temporary workers into the U.S., specifically including H-1B workers. In October 2020, U.S. District Judge Jeffrey S. White halted the implementation of the proclamation with a preliminary injunction ...
Who files the petition for the worker?
The employer files all of the petition documentation for the worker and pays for all the fees associated with the petition process.
How to sponsor an H1B?
To sponsor an H1B, an employer must show: 1 The position requires knowledge gained through an upper-level educational institution, or special training. 2 The position requires a specific course of study. 3 The position requires a B.A. degree. 4 To be eligible for an H1B, an employee must demonstrate: 5 Full state licensure for the position, if it’s required. 6 A completed degree in a field directly related to the position, or equivalent experience in the field. 7 Expertise in the field.
Why are H1B visas convenient?
H1B visas are convenient for foreign employees because they don’t require the applicant to prove residency or intent to return to their home country, they allow dependents to stay with the visa holder, and they allow for free travel in and out of the US for the visa holder.
What is required to get an H1B?
To be eligible for an H1B, an employee must demonstrate: Full state licensure for the position, if it’s required. A completed degree in a field directly related to the position, or equivalent experience in the field. Expertise in the field.
How long can an H1B visa be used?
H1B visas allow organizations to employ foreign professionals for specialty occupations for up to 6 years (10 for defense contract workers). Because US immigration is complex, your first step in sponsorship should be a visit to your legal team. You want to ensure all the necessary documents are properly filled out and fees paid.
What is H1B sponsorship?
H1B sponsorship is an important method whereby companies bring foreign-born professionals to the United States to work temporarily. The employer is responsible for filing the H1B visa petition with the U.S. Immigration Department. Thereafter, if the individual is approved, the employer is responsible for providing the employee with all ...
What are the benefits of H1B visa?
There are many benefits of having an H1B Visa as well as being an employer who sponsors H1B visas, including the following: 1 For those employers who are unable to find qualified professionals in the U.S. in their respective area, those companies can find and sponsor non-citizens to work for them. 2 Hiring H1B employees can increase your global footprint by hiring people abroad who have additional knowledge in a specific field or the ability to speak other languages. 3 H1B visa holders can work for more than one employer; they just have to obtain H1B visas for each employer, which isn’t generally that hard to do as long as the employer is willing to sponsor the employee. 4 H1B visa holders can bring spouses and dependent children to the United States under the H4 visa. Such H4 holders can also obtain employment in the United States after certain documentation is filed. In addition, H4 holders will remain in the U.S. for as long as the H1B visa holder remains in the country. 5 Under the H1B visa, you can also apply for permanent citizenship under the Dual Intent Doctrine. 6 H1B visa holders can remain in the U.S. for up to 3 years, with extensions generally being granted after that period of time is over.
How long can an H1B visa be valid?
Under the H1B visa, you can also apply for permanent citizenship under the Dual Intent Doctrine. H1B visa holders can remain in the U.S. for up to 3 years, with extensions generally being granted after that period of time is over.
What is the H1B cap?
The H1B cap is an annual number of visas the U.S. government will issue. Currently, the cap is set at 65,000 plus an additional 20,000 ADE quota. Notably, the cap does not apply to H1B transfers or cap- exempt positions. Some of the positions exempt from the H1B cap include those employed at a nonprofit research company, university, or government entity.
How long does it take to get an H1B visa?
But keep in mind that it must be the employer who files the application on the employee's behalf. The premium processing method is quicker taking around 15 days, but costs more. The regular processing method can take up to six months.
Do H1B visa holders have to live in their home country?
H1B visa holders usually must maintain a residence in their home country.
How long can a petition be granted?
A petition won’t be granted for more than three years.
Overview of H-1B Visa Sponsorship
Determining the ideal H-1B sponsor can at first seem daunting and confusing to foreigners due to questions such as, whether it is better to apply for sponsorship with large or small companies.
Attend a university or college in the United States
Many foreigners choose to undertake their undergraduate or master’s degree in US universities. This allows such student to legitimately enter the United States, adapt to its culture, and also help them find work after graduation.
Going through our H-1B sponsor database
Finding a company that sponsors H-1B visas can be made easier by searching through the H-1B sponsor database that’s present on our website. The list of jobs offered by big and small companies, that willingly sponsor and hire employees from outside the US, can be found and accessed on this website easily.
Refine your Resume or CV and apply for open jobs
Usually, the key to successful job application lies within the ambit of pitching your best foot forward by demonstrating your distinctive credentials to potential employers. Seeking a sponsor for an H-1B visa isn’t any different.
The Takeaway
Finding an advocate for your H1-B can be tricky and daunting. But with this simplistic guide and your persistence, you sure would clinch a sponsor very soon.
What are the H-1B visa eligibility requirements?
The H1-B visa is for those who meet specific criteria based on their employment and educational background.
What is the H-1B visa cap?
There is an annual cap on the number of H-1B workers USCIS may accept. So, USCIS must select you to apply for this visa. USCIS offers 65,000 new H-1B visas to foreign workers each fiscal year. Those who hold Master’s degrees from U.S. institutions are favored: USCIS issues an additional 20,000 H-1B visas to those with Master’s degrees or higher. In total, the H-1B cap is 85,000 visas annually.
Overview
The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.
Key News
On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications.
What is SHRM immigration?
SHRM approaches immigration from a simple but important idea: Talent doesn’t have borders. Talent, like business, is global. Employment-based immigration is a business imperative that isn’t going away. Foreign talent complements the U.S. workforce and allows employers to compete in a global market by ensuring they have access to the best talent.
Does SHRM offer legal advice?
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer
What Is An H-1B Visa?
Who Can Use H1-B Visas?
- Nonimmigrants who are slated to work under a “specialty occupation” are eligible to be sponsored by their future employerfor an H1-B visa. They must hold a minimum of a bachelor’s degree or its equivalent from an accredited university. Those with higher education can also receive this visa. The employer must be able to show that the nonimmigrant is fully qualified to fulfill their job’s du…
What Is The Process For Getting H1-B Visas?
- In 2020, the U.S. Citizenship and Immigration Services (USCIS) began requiring employers to electronically register and pay a $10 fee before petitioning for employee sponsorship. Therefore, the first step in obtaining a visa is creating an online account with USCIS. This account will allow you to then apply for an approved registration through USCI...
How Are H-1B Visas Different from Other Nonimmigrant Visa Programs?
- There are several different nonimmigrant visa programsthat can allow your company to employ foreign nationals. However, an H1-B visa provides the most streamlined process to gain permanent resident status for a foreign employee through a concept known as “dual intent.” “Dual intent” means that the foreign national is maintaining their H1-B visa with the intent to stay perm…