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Can HR apply for an H-1B visa?


Human Resources plays a crucial supporting role in the H-1B process, but HR personnel cannot directly apply for an H-1B visa themselves. Here’s why:

The US employer is the petitioner (sponsor) in an H-1B application. This means the company, not an individual within the company, files the paperwork with the US Citizenship and Immigration Services (USCIS).

HR’s Role in the H-1B Process

  • Identifying Need: HR works with departments to determine if there is a shortage of qualified US workers for a specific role, justifying the need for an H-1B hire.
  • Documentation and Compliance: HR ensures the company gathers all required documentation, complies with labor regulations, and correctly prepares the H-1B petition.
  • Coordination: HR coordinates with the prospective employee, the hiring department, immigration attorneys (if involved), and the USCIS throughout the process.
  • Prevailing Wage Determination: HR contributes to determining the prevailing wage for the position in the specific location, ensuring the company offers a salary in line with US labor laws.

Answered by a Boundless Immigration Expert

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