What Is the Company-Sponsored H1B Visa?
The company-sponsored H1B visa allows skilled foreign professionals to work legally in the United States when an employer sponsors their employment. It is one of the most popular work visas used by US companies to hire international talent in specialised fields such as IT, engineering, finance, healthcare, and research.
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A bachelor's degree or an equivalent level of expertise in the relevant profession is required for employment in order for an individual to be eligible for an H1B visa. The H1B visa allows the employee to reside lawfully in the US for up to three years; it is renewable for an additional two years, for a total of six years.
Petitioning for an H1B Visa
Since an employee cannot self-petition for an H1B visa, the company must file all applications for these visas. On April 1st of each year, the US Citizenship and Immigration Service issues 65,000 H1B visas, of which 6,800 are reserved, in accordance with trade agreements, for immigrants from Singapore and Chile, and another 20,000 are reserved for workers who have completed advanced degrees, such as a Master's program. H1B visas are distributed through an annual lottery since there are more applicants than there are available visas. The company must submit a Labour Condition Application (LCA) to the US Department of Labor prior to applying for an H1B visa. The LCA attests to the fact that hiring the H1B worker in the US will not adversely affect the employment of any US citizen. The LCA includes states like:
- H-1B non-immigrants will be paid at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage level for the occupation in the area of employment, whichever is higher.
- The employment of H-1B non-immigrants will not adversely affect the working conditions of workers similarly employed in the area of intended employment.
- On the date this application is signed and submitted, there is not a strike, lockout or work stoppage in the course of a labour dispute in the occupation in which H-1B non-immigrants will be employed at the place of employment.
Once the LCA has been filed it will need to be made available to any member of the public who requests it.
Challenges Faced by Start-Ups
The USCIS must find that the company is founded and has a cash flow that can pay the employee the prevailing salary as specified in the LCA after the LCA has been filed and the petition for the H1B visa has been submitted. A start-up must provide evidence of income, typically in the form of venture money, in order to sponsor an H1B visa. Examining a start-business up's strategy, employment agreements, and office leases might also reveal whether or not it is legitimate. During the H1B application process, it can be useful to provide the annual report or US tax returns to verify the authenticity of the company. The H1B visa processing price, which does not include the attorney's charge, can be close to $4,000.
H1B Visa Sponsorship for Founding Members of Start-Ups
A co-founder of a start-up must demonstrate an employer-employee relationship to the USCIS in order to petition for an H1B visa to work in the US. In such cases, the beneficiary will have to show that there is a distinct Board of Directors with authority to hire, fire, manage, pay, or otherwise regulate the beneficiary's job.
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FAQs on Company Sponsored H1B Visa
- What is a company-sponsored H1B visa?
A company-sponsored H1B visa is a US work visa where an employer files a petition to hire a foreign professional in a specialised occupation.
- Can I apply for an H1B visa without a sponsor?
No. You cannot apply independently. A US employer must sponsor and file the H1B petition on your behalf.
- What qualifications are required for an H1B visa?
You must typically have a bachelor’s degree or higher in a relevant field or equivalent work experience for the specialized job role.
- How long is the H1B visa valid?
The H1B visa is granted for 3 years and can be extended up to a maximum of 6 years.
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