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Posted on September 13 2022

How to Sponsor H-1B Visa?

By Editor
Updated October 16 2023

Highlights:H1B Sponsor

  • H-1B visa is a popular work visa of the USA.
  • It is issued to those international professionals whose skill cannot be found in the USA.
  • The steps to sponsor H-1B visa is given in detail.
  • The visa is valid for three years but can be renewed.
  • H-1B applicants are selected through lottery.

H1B Visa permits an international professional to work in USA. It assists the IT Organizations in America to hire candidates (outside the country) with the required skills. The H-1B visa is valid for three years but can be extended further and renewed for a maximum of three years

The USCIS or US Citizen and Immigration Services says that individuals with the ability to apply conceptual and practical implementation of the specialized knowledge and possess an undergraduate degree or equivalent qualification are eligible for the H-1B immigration visa.

*Want to work in USA? Y-Axis offers you guidance.

Steps to Sponsor H-1B Visa

The steps that need to be followed when sponsoring an H-1B professional are:

STEP 1: Make sure that the job is a "specialty occupation"

The employers need to make sure that the criteria given below are met to apply for the work visa:

  • The individual has completed an undergraduate or higher degree in the USA from an accredited institution.
  • The individual has an equivalent degree from an overseas country for that specific occupation.
  • The individual is authorized or has a non-restrictive certification or license to practice that occupation.
  • Has at least 3 years of work experience in the specific occupation

STEP 2: State the Income for the H-1B position

  • The H-1B employer should pay the employee an equal amount as an American citizen. The salary needs to be more or equal this should be stated in the LCA or Labor Condition to Application.
  • The candidate's income must be fixed and informed to the DOL or Department of Labor in the USA.
  • The employer is required to obtain a PWD or Prevailing Wage Determination from the NPWC or National Prevailing Wage Centre.
  • Other methods such as the "independent authoritative source" or "collective bargaining agreement" can also be submitted.

Read More:

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Step 3: Submit a Notice to the U.S. Workforce working there currently

A notice needs to be submitted in 30 days before the employer applies for the LCA to the DOL. The notice has to comply with the set standards.

The information that needs to be submitted is as follows:

  • Number of H1B candidates the employer plans to hire
  • Occupational classifications through which the employees are registered
  • The salaries of each employee
  • The period of employment
  • The locations of the individuals being hired
  • The statement needs to be submitted declaring the endorsement of labor conditions and payment of salary. It is to be submitted to the Wage and Hour Division in the DOL.

Worker notification is to be provided as follows:

If the employee is being registered through the collective bargaining method, notice is required to be submitted to the representative of collective bargaining.

In the absence of a representative of collective bargaining the employer can approach the following:

  • Hardcopy Worksite notice - The notice that has been submitted to the LCA is required to be displayed at two locations for at least 10 days.
  • Electronic Notice: An electronic notice through email to all the employees in the workplace where H1B employees are required.

STEP 4: Submission of LCA to the DOL for Certification

The certificate needs to be applied for and issued 6 months before the appointment of the H-1B applicant. The employer needs to submit an LCA to the DOL. No fees are charged for the LCA.

The application is an attestation. If it does not comply with the rules, it can lead to fines, imprisonment, bars of employment in the future, and so on.

STEP 5: Register with the USCIS for the Annual H-1B Lottery

A lottery is conducted for the H-1B visa at the USCIS for which the employer is required to register.

A lottery is held as there is a certain number of visas being offered by the Immigration Department. Only the candidates who win the lottery can submit an I-129 petition.

The details required are:

  • Company name
  • Business name
  • Employer ID
  • Employer Address
  • Name of the Signatory, title, and contact information
  • Beneficiary name, gender, DOB, citizenship, and passport number
  • Academic qualification of the candidate

The registration fee is required to be paid as per the number of employees hired.

STEP 6: Lottery

After the registration of all the candidates for the H-1B work visa, the applications are stopped. Eventually, the USCIS conducts a lottery.

STEP 7: Submission of Form I-129 to the USCIS

The registrants have to submit their H-1B petition in less than 90 days. After the certification has been completed by the LCA, the employer needs to submit Form 1-129.

It needs to be ensured that the notice from the Lottery registration and the LCA is submitted with Form I-129.

The petition requires to be duly filled. It needs to be ensured that the following documents are applied for.

  • Form G-28
  • Form I-907
  • Checklist for filing of Form I-129 H-1B
  • Form I-129

STEP 8: Instruction to fellow workers outside the USA

After Form I-129 has been issued, the employer will be sent Form I-797 having the Notice of Action. The copy needs to be given to the beneficiary for them to apply for an H-1B visa at the USA embassy or consulate.

The H-1B applicant has to apply for Customs and Border Protection to enter the USA through the H1B classification. After the entry of the employee, the employer needs to comply with the Form I-9 process besides the hiring process.

Want to work in USA? Contact Y-Axis, the leading Work Abroad Consultancy.

If you found this blog helpful, you may want to read…

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