The H-1B visa is a non-immigrant visa that allows professional-level workers in to live and work in the United States. In order to qualify for sponsorship, the employee must hold a position that requires at least a bachelor’s degree or equivalent experience in their field of specialization.
How do I sponsor a prospective employee for H-1B work authorization status?
If you’re looking to hire a candidate who will need an H-1B visa, the first step should always be to retain the services of an immigration law firm. They will gather all the information that is required in the application.
The employment letter is a key document that will indicate the exact duties of the role, a detailed description of the position requirements establishing it as a specialty occupation, and compensation that is befitting of a specialty role.
Will my company’s co-employment relationship with Justworks affect the sponsorship of the H-1B visa petition?
When a Justworks customer sponsors an employee for an H-1B visa, the customer will be the appropriate petitioner for the H-1B visa. This is because the customer is the actual employer who retains full control and discretion over employment decisions and the work of the employee as part of the co-employment relationship.
Although the paycheck is issued through Justworks, this does not change which party is the petitioner. It would be appropriate, however, to include a letter in support of the petition a description of the PEO relationship and how the employee will be paid. Your Justworks account manager will be able to provide this letter upon request.
Does it cost me anything to sponsor these visas?
Costs may vary, but as an employer, it typically costs about $6,000 per person per year. This $6,000 is a combination of legal fees and filing fees.
What happens after the application is submitted?
By far the biggest obstacle facing employers who submit H-1B visa applications on behalf of foreign workers is the H-1B lottery. (Between 85-90% of applications are approved that make it through the lottery.) A total of 85,000 spots are available annually, with 20,000 of those reserved for applicants holding a Master’s Degree or above from an accredited U.S. college or university.
What if my prospective hire is already working in the U.S. on an H-1B visa sponsored by another company?
If you’re looking to hire a candidate who is already on the U.S. on a H-1B visa, they can ‘port’ the visa sponsorship from their current employer to your company by submitting a request for an H-1B transfer.
This formally establishes your company as the sponsor of the visa. This can take 3-6 months or more, but usually USCIS makes expedited processing available for this particular service. During times of peak efficiency, expedited transfers can be completed in 2-4 weeks. The cost is approximately $4,000 in governmental fees for an H-1B transfer with expedited processing. This amount does not include any legal fees for completing the process.