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- Which companies can apply for H1B
Before making an H1B application, an H1B dependent employer must make "good
faith" attempts to recruit resident US workers using "procedures that meet
industry-wide standards" and "offering compensation at least as great as
that offered to the H1B alien". Given the wide variety of recruitment
methods used in different industries, this provision is likely to cause some
confusion both for the BCIS and employers. For example, Internet advertising
might be in "good faith" and "meet industry-wide standards" for the IT
sector, but would it for, say, the engineering industry? This is a matter
that will demand careful consideration on the part of H1B dependent
employers.
It is worth noting, however, that the recruitment attestation described
above is not required by H1B dependent employers seeking to employ aliens
with Master's (or higher) Degrees, or those earning in excess of US$60,000.
Non H1B dependent employers are not required to make such an attestation in
any event.
Please note that in 2006, employers can begin submitting applications as
early as April 1.
Can my company make H1B visa applications?
Any US employer can sponsor an H1B petition, provided it has an IRS Tax
Number, also known as an IRS Number or Tax ID Number. This number is needed
for obtaining approval of the Labor Condition Application (LCA), which is an
essential preliminary to the H1B petition itself. However, employers should
take note that sponsoring an H1B petition involves them making a number of
undertakings, enforceable by heavy civil and criminal penalties: These
undertakings are:-
To pay the H1B worker at least the higher of the wage paid to similar
workers in the same company or the "prevailing wage" (usually determined by
the relevant State Employment Services Agency) for the occupation in the
area the worker will be employed;
That the recruitment of the H1B worker(s) will not adversely affect the
conditions of the employer's US-resident employees in similar jobs;
That there is no strike or lockout occurring at the time the Labor Condition
Application is submitted, and that the approved LCA will not be used to
support petitions for H1B aliens to be employed at the site of any
subsequent strike or lockout;
That a copy of the LCA form will be given to the H1B worker and either given
to the bargaining representative of employees in similar occupations or (if
there is no bargaining representative) posted in 2 conspicuous locations for
at least 10 days in the place the H1B alien will be working;
To maintain records of the LCA and the H1B alien's employment for inspection
by the US Department of Labor.
Note that the prevailing wage is generally lower for non-profit and
academic/research organizations.
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