Texas employers often require unique skills and expertise. As a result, they may have difficulty finding the employees they need domestically. In these circumstances, a business may hire highly-educated non-immigrant workers. At the Law Office of Rafael J. Borras, we often represent employers that must hire workers from outside the United States.
According to the U.S. Chamber of Commerce, employers can sponsor workers through the H-1B visa program. The potential employee must have the equivalent of a bachelor’s degree and specialized knowledge to qualify for the program. Positions that lend themselves to this type of worker include law, medicine, business and engineering.
As an employer, you must document that there are no U.S. workers qualified for the position in a labor conditions application. It must also confirm that the salary for the worker you wish to hire is commensurate with other workers in that position. There is a fee that accompanies the process and the worker cannot apply for a visa until you file the LCA. The cost ranges between $1,500 and $4,000.
The selection of workers occurs via a lottery, and if chosen, the U.S. Citizenship and Immigration Services approve or deny the visa. The new hire cannot affect existing employees and no controversy regarding pay or labor conditions should exist.
Once submitted, the petition for an H1-B visa is typically reviewed for accuracy within a week. Following this process, employers must complete and submit the packet, which includes Form I-129 and Form G-28 to the USCIS. When employers receive the Notice of Action, the worker can take a copy of the form to the Department of State and apply for the visa.
Although the H-1B visa allows employees to stay in the U.S. for three years, there is an option for expanding that time to six years. An experienced attorney can help employers navigate this process complex. Visit our webpage for more information on this topic.