If you are a business owner and would like to sponsor a foreign national to come and work for you, one of your best options is through an H-1B or temporary, non-immigrant visa. But this process can be quite complicated and, if you are not familiar with the procedure, could prove costly and time-consuming. In today’s post, the immigration law experts over at The Costas Network Law Center share a brief guide on how to sponsor an employee.
1. Determine What Position the Employee Will Fill. The type of job being offered to the employee you are sponsoring will determine the amount of red tape involved. It is important to note that most of the approved H1-B petitions are for computer, architecture, engineering, education, and health-related fields.
2. Conduct Background Checks. Often called a U.S. work visa, an H1-B visa is the most common work visa but the verification process can take weeks or months to finish so be sure to allot enough time for a background check.
3. Apply For a Work Visa. This is pretty self-explanatory. Consult an immigration lawyer about the documents and requirements needed.
4. Obtain Certification from the Department of Labor. This is a long and tedious process that usually takes between eight to 12 weeks. The certification will depend on the type of business. Contact USCIS to verify which certifications you will need.
5. Comply With Insurance Requirements. Insurance obligations are the responsibility of the employee. But to speed up the process, your company can assist in the process or offer company insurance.
6. Comply With Salary and Benefit Requirements. The salary of an H1-B employee cannot be less than the typical wage for the position he or she will fill. The employer must also be responsible for all costs associated with the application of an H1-B petition.
7. Await the Decision. Now that you have completed all the requirements, there is nothing left to do but keep your fingers crossed and await the decision of the United States Citizenship and Immigration Services.
If you are in need of an immigration attorney to help you with an H1-B visa petition, give The Costas Network Law Center a call at (216) 616-3103 or fill out our contact form to get in touch with one of our lawyers today.