Non-immigrant Work Visas
H1-B, L-1A, L-1B employment based non-immigrant visas are initiated and obtained by the employer, not the foreign worker. Our firm provides advice to employers as to what visa will best fit the needs of the company. Our firm provides legal assistance by preparing and filing applications in a timely manner. The importance of consistency in a company's application cannot be underscored. The importance of hiring a reputable, honest firm will avoid violations of status for your workers; avoid prevailing wage problems, compliance and record keeping violations and a host of other problems which can later be uncovered in a Department of Labor audit.
We understand the need for expedited accurate filings. We do our best to provide an employer with an application package for employer review and signature within 24-48 hours of receiving completed worksheets and supporting documentation.
An application can be approved as quickly as 15 days utilizing the premium processing procedure established by CIS. Premium processing requires additional $1000.00 fee paid to CIS at the time of filing.
H-1B – H1-B is a temporary work visa which allows a worker a maximum stay of six years. Extensions beyond the sixth year are available under the American Competiveness in the Twenty Fist Century Act of 2000 (AC-21) when either a qualifying labor certification or an I-140 Petition has or will have been pending for at least 365 days prior to the workers requested start date. Workers are now also able to re-capture time spent during the six years outside the United States . It is therefore important when extending an offer of employment to a foreign national to know if they are currently in H-1B status and determine how much time they have remaining and finally under what circumstances will extensions beyond the sixth year be possible. Otherwise you may be hiring an employee that will only be able to work for you for several months.
Further, as an employer, don't get caught in a quota problem. There are 65,000 H-1B visas available in a fiscal year. An H-1B visa application may be filed six months prior to the anticipated need. Therefore, in order to secure a visa for the next fiscal year employers may begin filing as early as April 1 st of that year to get an October 1 st start date. There are applications which are quota exempt. We will keep you up to date as to the H-1B usage for the fiscal year and advise you as to whether you can apply for a visa for your worker not subject to the quota. (Note that Canadian citizens and Mexican citizens have the option of using a TN in lieu of an H-1B visa.)
An H-1B is only available to professional workers to fill professional positions. This means that the worker must possess the equivalent of a U.S. awarded bachelors degree. For purposes of an H-1 you may utilize a combination of education, training and experience for equivalency purposes. The position also must require the services of an individual with a Bachelor's degree in that particular field of study. It is important that the foreign worker have a degree in the field of study that is the industry standard for that position. It is not sufficient that the worker simply has the equivalent of a Bachelors Degree.
We will obtain a prevailing wage for the position using the OES wage survey which is available on line or obtain a prevailing wage from the State Employment Service Agency (SESA). The prevailing wage is a four-tiered wage system. The employer faces a potential Labor Condition Application (LCA) violation if the foreign employee is not paid the higher of the actual or prevailing wage. It does the employer no good to choose a prevailing wage from the four-tiered system which “fits” the offered wage risking an award of back wages later if audited.
We prepare, file and process the application. After approval we will advise employers what documents are required to be maintained in the public access file. We will ensure that dependent family members remain in lawful status. If eligible, we will secure employment authorization for L-2 spouses.
It is the employer's responsibility to notify us of any material changes in the job duties, location of employment or salary of the worker.
Workers should notify us of all trips outside of the United States and provide us with any new Forms I-94 or visa stamps.
Benching a worker is not permitted. Benching results in an LCA violation by the employer and a status violation to the worker.
If an employer is previously had a gap in his or her tenure of employment with a previous employer, this worker may be out of status. This information should be communicated to us as soon as possible.
H-1B workers are taxed in the same manner as a US citizen worker; employers should consult a qualified tax professional.
L-1A and L-1B - These visas are available to managers or executives transferring to the United States from a qualifying entity abroad or to individuals with “specialized knowledge.” An L-1A worker may remain in the United States for a period of seven years while an L-1B may remain in the United States for five years.
Unlike the H-1B, the L-1A or L-1B does not require the worker possess a Bachelors degree or equivalent and there is no prevailing wage requirement. The spouse of an L-1 is also eligible for employment authorization unlike the spouse of an H-1B.
The requirements for the L-1 visa are listed below:
- The worker must be employed continuously for a period of one of the past three years by a parent, branch,
affiliate or subsidiary of a U.S company prior to admission to the United States . Be prepared to provide
evidence of the relationship between the two companies;
- The employee must have been employed abroad as a manager, executive or specialized knowledge
employee as defined in the Act;
- The individual must be coming to the United States to work in a managerial, executive or specialized
knowledge capacity;
- The foreign company must continue to be operational for the period of time that the foreign worker
is in the United States
The above is an over simplification of the requirements for the L visa. There are special requirements for individuals coming to the United States to open new offices.
If you are considering L-1 visas be prepared to start the process with a business plan including reasonable financial projections which demonstrate growth and employment of U.S workers. Be prepared to demonstrate that the U.S company is sufficiently capitalized to support your foreign worker.
We would be happy to discuss the possibility of an H or L visa with you or a representative of the company.
Return to Services page |
