How to Petition for H1B Visa Or What is Petition H1B Visa
From an employer perspective, H-1B eligibility is considerably more complex. The employer must file the petition for the visa on behalf of the worker, who is not allowed to self-petition. Every business, irrespective of size or age, must petition for among the 65,000 H1B visas that are made available every April 1st by U.S. Citizenship and Immigration Services. Note that 6,800 of these visas are set aside, per trade agreements, for immigrants from Singapore and Chile. An added 20,000 h1b visas are offered for workers with higher level levels, meaning a master’s diploma or above. Typically, more programs are submitted than visas can be found within the first week of April, meaning the destiny of the worker’s visa rests in the control of an annual lottery.
For start-ups, the problems of getting an H1B visa barely stop there. First, before even submitting a preliminary petition, every business must file a Labor Condition Application (LCA) with the U.S. Department of Labor. The LCA is a number of statements that attest to the reality that selecting the H1B employee won’t adversely impact any U.S. citizen employees. This consists of statements
- there is not any active labor dispute or work stoppage set up at the time of employing the employee.
- the employee is not going to negatively impact working conditions of other employees, and
- the employee will be paid the prevailing wage for a worker for the reason that place,
- the worker will receive exactly the same benefits as other employees in that position,
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