7 Facts HR Needs to Know When Sponsoring an H-1B Employee

The H-1B visa program allows U.S. employers to hire foreign workers with specialized skills. HR professionals play a crucial role in the H-1B sponsorship process. In this article, we'll delve into seven facts HR needs to know when sponsoring an H-1B employee.

1. The H-1B Cap

The annual cap for H-1B visas is set at 65,000, with an additional 20,000 reserved for candidates holding a Master's Degree or Ph.D. from an accredited American college or university.

2. Exemption from the Cap for Certain Positions

Certain specialty positions filled by H-1B employees may be exempt from the annual cap. Universities, government research facilities, nonprofit organizations affiliated with universities, and some physicians meeting USCIS waivers may not be subject to the cap.

3. Increased Scrutiny for Consulting Companies

Consulting firms face increased scrutiny from U.S. Citizenship and Immigration Services (USCIS). All work sites must be listed in the H-1B petition, and Labor Condition Applications (LCAs) must be certified for each work site. Failure to maintain records of contracts, purchase orders, or work statements with the end client may result in a denied petition.

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4. Extension Process

To extend the stay of an H-1B employee beyond the initial 6 years, an Alien Labor Certification application should be filed one year before expiration. Extensions can be obtained for 1 or 3 years, depending on how far along in the green card process the worker has gotten.

5. When to File

H-1B lottery selections must be filed between April 1 and June 30 each year. H-1B transfers for workers on existing H-1B status, as well as cap-exempt filings, can be filed at any time.  

‍6. LCA and Wage Requirements

Before filing an H-1B petition, employers must obtain a certified Labor Condition Application (LCA) from the Department of Labor. This document attests to the employer's compliance with prevailing wage requirements and ensures that the H-1B employee receives a salary comparable to U.S. workers in similar positions.

7. Dependent and Non-Dependent Employers

HR professionals should understand the distinction between dependent and non-dependent employers in the context of H-1B sponsorship. If a company has a significant number of H-1B employees compared to its overall workforce, it may be classified as H-1B dependent, subjecting it to additional attestation requirements. Being aware of this classification helps HR navigate potential challenges associated with dependency status.

Navigating the H-1B sponsorship process requires HR professionals to be well-versed in the nuances of immigration law. By understanding these seven crucial facts, HR can play a pivotal role in successfully securing and managing H-1B visas for their employees, contributing to the growth and diversity of the U.S. workforce.