If you are a foreigner living in the United States, then you may be wondering how you can acquire legal status to work to earn wages. You may have considered applying for a permanent resident card—also called a “green card”—that will attest to your permanent residence in the country as an alien. This form of identification demonstrates that you are legally eligible for employment, but the process to attain it can be quite lengthy; in some instances, it can take up to several years before a green card is issued. As an alternative to the green card, you should look into finding an employer to sponsor an H1B Work Visa on your behalf.
Understanding the H1B Work Visa Rules
The United States allows businesses to hire foreign workers for up to six years on an H-1B Work Visa.
- The request must be filed by an employer and not by an individual.
- Because the H-1B Visa is granted only for persons entering what are termed “specialty occupations,” eligibility requirements typically include the equivalent of a four-year Bachelor’s degree. Professionals such as doctors, lawyers and accountants must also meet the requirements of the state in which they intend to work, e.g., passage of necessary examinations for licensure.
Who Can Sponsor an H1B Work Visa?
Any employer can sponsor an H-1B Visa request if it has an IRS Tax Number, which is needed for the approval of the Labor Condition Application (LCA) that must be completed as part of the petition. Companies that sponsor an H-1B Visa and subsequently hire a foreign worker must comply with federally mandates rules including:
- Paying him at least the wages earned by other workers in the same position;
- Not submitting the LCA at a time when employees are on strike; and
- Maintaining records of the LCA and the H-1B worker’s employment for inspection by the U.S. Department of Labor.
There are a total of 65,000 H-1B Visas available each year since the fiscal year beginning October 1, 2005. If and when that quota is reached, petitions filed but not yet processed will be held until the following October.
Fees and Costs
- Employers must pay a filing fee of $190 when petitioning for the Visa.
- In addition, they must remit an American Competitiveness and Workforce Agreement fee of either $750 if the employer has 25 or less full-time employees or $1,500 if the employer has more than 25 full-time employees.
- The processing fee is approximately $105, and applications are generally processed within three to six months.
- Paying an addition $1,000 will allow the application review process to be significantly expedited so that the status of the petition can be determined within 15 days.
It is critical that you also know that your employer will have to pay all reasonable costs associated with your return transportation to your home country if you are terminated before your H-1B Work Visa expires.
Getting Help
If you have questions about getting an H1B work visa, or concerns about any aspect of immigrating to the US, consulting with a qualified US immigration attorney is the best way to get answers. Your lawyer can help you understand exactly what the rules are for you and your employer when getting an H1B visa and can help you complete paperwork to expedite the process of being able to work legally in the US.
