Sponsor Companies And The H-1B Visa Application Process

Law Blog

In order to be successful in today's competitive market, companies must have the right employees in key positions within their organization. It is possible that the right employee for the job may be a citizen of a foreign country.

Companies that want to bring in foreign nationals to help promote their success must be able to successfully file an H-1B visa application on behalf of the foreign employee. Filing this type of visa application requires adequate preparation and attention to detail.

Financial Standing

The first consideration that a company must make when attempting to act as a sponsor for a foreign worker is its financial standing.

A sponsor company must be able to provide documentation proving that it has the financial resources to support both the incoming foreign employee and the day-to-day operations of the business. The government wants to ensure that any company obtaining an H-1B visa will not go bankrupt while the visa is still valid.

Labor Condition Application

Once a company has determined that it meets the financial requirements to sponsor an H-1B visa applicant, the company must file a Labor Condition Application with the U.S. Department of Labor. The United States government wants to ensure that lucrative job opportunities are made available to U.S. citizens whenever possible.

In order for an H-1B visa application to be considered, a sponsoring company must be able to prove that bringing in a foreign national will not adversely affect U.S. workers. This proof is provided through a Labor Condition Application.

A company should make it clear that compensation and benefits for the foreign employee will be competitive, and that the employee will not create an unsafe work environment for U.S. citizens in the company's employ.

Lottery Process

Meeting all of the requirements to qualify as a sponsor company doesn't guarantee the issuance of an H-1B visa. The government allots a certain number of these visas each fiscal year.

Companies wishing to secure a visa for foreign employees must submit their H-1B applications as soon as the new batch of visas are made available. If the number of approved applications outnumbers the available visas, a lottery process will be utilized to determine which applications will be granted H-1B visa status.

Sponsoring a foreign employee can be great for your business, but it can require a lot of preparation. An experienced immigration attorney will be able to help your company prepare the necessary paperwork to secure H-1B visas for important employees in the future.


6 October 2018

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