The end client employers do not sponsor H1B visas because of the complex rules, regulations, and paperwork involved in the process. The Immigration laws of the US are difficult to comprehend, without a well-qualified team of attorneys getting a work visa can be very time-consuming.
Let’s take a glance at some of the rules and regulations listed out for an employer sponsoring visa.
First is the fees involved with the H1B visa.
The law demands that the sponsoring employer must be financially liable for the H1B visa fees (excluding the third party costs). The basic fees for H1B application are as follows:
- Standard Fee: The base fee for visa processing is $325 and this is charged for the I-129 petition.
- ACWIA Fee: The American Competitiveness and Workforce Improvement Act fee are $750 for employers who have one to twenty-five full-timers. For companies with more employees, the fee is $1500. Few NGOs and educational institutions are exempted from this fee.
- Fraud Prevention & Detection Fee: The $550 fee is applicable to the new H1B applicants. The fee is not necessary for the extensions under the same employer.
- Public Law 111-230 Fee: The fee is applicable to companies that have more than 50 employees with half on H1B or L1 status. This employer has to pay $4000 per applicant.
- Optional H1B Visa Fees: This fess is applicable to the applicants who want expedited processing.
- Attorney Fees: The attorney fees can vary vastly. An employer, need not undertake the attorney fees, according to law.
Additional Employer Responsibilities: The company should keep a Public Access File for every H-1B visa employee & must place this file separate from the worker’s personnel file. It must be maintained by the employer for at least one year past the worker’s employment date.
Companies are regarded as H1B dependent if ,
1. The number of workers is less than 25 with more than 7 H1B workers.
2. The number of workers is 26 to 50 with more than 12 H1B workers.
These companies must complete two additional requirements.
I. Non Displacement Of Native Workers:
The company must attest that it is not displacing a native US worker to accommodate the H1B worker for the same designation within 90 days before and after filing the petition.
II. Efforts To Recruit Natives:
The company must also attest to make attempts to recruit enough US workers and offer the current salary for them. While hiring an H1B worker, it is vital for the company to address the responsibilities it should shoulder. Although the responsibilities are not heavy, it is essential that the employer maintains enough paperwork as a proof of its compliance with the law.
A better understanding of these requirements will eradicate the civil penalties and make sure that the company is eligible to petition for future H1B workers.
These are just a few drops from the ocean of H1B visa processing.
Confused about getting visa sponsorship? We can help you. Reach out to “Staffigo Technical Services LLC” today, we’ll provide you instant solutions and guidance.
Phone: 7737706037 or 7737706307