The Companies Covered under H-1B Visas
In order to be qualified for H-1B visas, employers must provide evidence of “good faith” attempts in recruiting US residents with procedures that meet industry-wide standards and offers for compensation very near what would be offered to an H-1B alien.
This provision though is quite ambiguous because of the many interpretations as there are many recruitment methods and the differing standards per industry. Despite the many options, this is a very demanding proposition especially for employers dependent on H-1B employees.
This attestation that would be submitted would not be required for companies that would seek to employ aliens with at least masteral degrees or higher or those earning above US$60,000 a year. For those employers not employing H-1B employees need not submit any attestation.
After the attestation, any US employer can sponsor for an H-1B visa for an employee so long as it has a valid IRS Tax Number or IRS Number or Tax ID number. This particular information is needed when completing the Labor Condition Application that is attached to the petition for a visa itself. The petition itself involves a number of undertakings for which failure to comply would mete out both civil and criminal penalties. The undertakings by the sponsoring company are as follows:
· Payment of the H-1B worker of a wage higher than what is paid to similar workers in the same company or the “prevailing wage” as determined by the proper State Employment Services Agency for the industry in the location for which the visa holder would be employed;
· Recruitment of the said H-1B worker would not affect the working conditions of the other employers working in the sponsoring company;
· No strike or lockout is present at the time the Labor Condition Application is filed and the approved LCA would not be used for petitions for H-1B aliens to be employed in a future strike or lockout;
· A copy of the LCA form would be given to the H-1B visa holder and also to the bargaining representative of employees in similar occupations. If there is no bargaining representative, the LCA form would be posted in two (2) conspicuous locations for at least ten (10) days in the place where the H-1B alien would be employed;
· Maintain records of the LCA and the H-1B worker for inspection by the US Labor Department.
For more information about H-1B Companies, please contact the immigration lawyers at USAcitizenships.com.
