The H-1B is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in a specialty occupation for a period of three years. The visa can be extended for an additional three years. The employer can also employ the employee part-time.
The first step in the H-1B process is to submit a Labor Condition Application (LCA) to the Department of Labor (Form ETA 9035). The LCA contains a number of important attestations that the employer agrees to. They are the following:
- Agree to pay the prevailing wage: The actual wage is the wage that the company has set for the position for all employees with similar experience and skill. Usually, the prevailing wage is a wage set by the Department of Labor. The employer must pay the higher of the two wages. If the employee is employed part-time then the salary will be the hourly prevailing wage for the position or the actual hourly salary whichever is higher.
- Working conditions: The employer must state that employing the foreign national will not adversely affect the working conditions of other similarly employed workers.
- Strikes, lockouts, and work stoppages: If any of these develop after the Labor Condition Application is filed with the Department of Labor, the petitioning employer must inform the Department of Labor.
- Notice regarding the LCA: employers must provide notice of the LCA to its employees through posting the LCA on the premises for at least ten business days. The posting must be done in two different conspicuous locations.
Next Topic - Public Access File
The next topic covered in our four part series on the H-1B specialty occupation visa will discuss public access file.
To learn more about how to sponsor an employee on an H-1B visa, contact the team at Pollak PLLC today.
We are passionate about helping people realize the American Dream, reuniting families, and bringing the best and brightest minds to the U.S. so they can pursue their goals and make a positive, meaningful contribution to the community.
Karen-Lee Pollak is the Managing Attorney at Pollak PLLC located in Dallas, Texas. She is a frequent speaker, author and blogger on immigration issues. She can be reached at karenlp@pollakimmigration