A US employer who seeks the services of an H1-B visa holder must do the filing of the necessary papers. The employer must demonstrate that the requirement is only for a person who is a professional in Specialty Occupation and has the proposed qualifications.
The occupation which requires a theoretical along with practical application of a body of highly specialized knowledge is called a Specialty Occupation. The minimum requirement to be a part of this occupation is one must have a Bachelor’s or an equivalent degree in the specified specialty. To practice the particular occupation, a license requirement is mandatory by the American State.
The positions which are deemed upon (according to USCIS) in this category are; physicians, lawyers, architects, engineers, elementary or secondary school, teachers, colleges or seminaries. There are few more occupations which are also included in the list these are, dietitians, medical technologists, accountants, computer professionals, economists, librarians and mechanical engineers.
It is Employer’s responsibility to see that the individual qualifies in the categories mentioned above. The foreign worker must meet the necessities to engage in the specialty occupations. A bachelor’s degree in the specified field from an accredited college or university is the primary requirement to qualify for the given category.
Requirements of DOL and USCIS:
According to the USCIS, an employer must follow and fulfill the rules of US Immigration Policy and Law. The employer must offer a job and must be willing to sponsor the worker, upon which they must apply for the petition regarding a nonimmigrant worker…
The employer seeking such services should be a ‘US employer’. A US employer is a person, corporation, firm, contractor or an organization in the land of US which has an IRS tax identification Number. According to the law, there should be an Employer- employee’ relationship; the employer can pay, hire, supervise or otherwise control the work of the employee.
The employer must also meet the requirement of the Department of Labor (DOL). The employer must file a Labor Condition Application (LCA) with DOL. The employer has to mention that the wage paid to the employee is equal or more than compared to the previous employer, the background of the employee, job description and responsibilities of the employee. It should be in the same geographical area with no lockdowns or strike in the employer’s premises. If an employee has to work in two different areas, it should be mentioned in the LCA.
Prevailing Wage Information:
The employer must pay 100% of the current salary. The employee can obtain a job with one employer or with two different at the same time. To attain the jobs from both employers, the employee needs two separate petitions. The H1B visa initially granted is for up to three years. The employer can’t allow the employee to work for the form until USCIS grants permission in the US for the employee. The employer must provide all the proofs about the statements in the LCA. The documents should be available with DOL in case of any future inspection.
Violation of H1-B Rules:
DOL might initiate an investigation against an employer if there is a belief that the employer has violated rules which are mentioned above. Trust factor doesn’t apply if there is a violation of terms and regulation.