An H-1B visa lets American businesses temporarily employ graduate-level foreign workers in specialty jobs. Because of the nature of today’s global marketplace, the need for a diverse talent pool is essential to a business's success. But any company, from small startups to huge corporations, must first qualify for H-1B eligibility if they plan to hire foreign workers. The following will help guide you in this process.

The Labor Condition Application

The first step is to file a Labor Condition Application with the Department of Labor. This application declares that the business's hiring of foreign workers will not negatively impact its American workers. They also must attest that the foreign staffer will be paid wages and benefits commensurate with U.S. staffers under the same or similar working conditions. This pay is known as the Prevailing Wage. Once the LCA is submitted, the Department of Labor will certify the Prevailing Wage. This wage is the minimum salary the American employer can offer the foreign worker. For a startup, paying the prevailing wage can be difficult to pay, but venture capital to meet this requirement. 

The Petition for Nonimmigrant Workers

Once the LCA has been certified, the business must then file a Petition for Nonimmigrant Workers (Form I-129) with the U.S. Citizenship and Immigration Services. The worker cannot do so on their own behalf; only the employer can petition for the worker. Form I-129 requires a comprehensive description of the worker, the services they offer, their education and experience, and letters of support. Only 65,000 H-1B visas are distributed every year, so competition is tight. Once the petition is approved, the worker will need to process their visa at the American consulate in their home country, or if the worker is on OPT F-1 student status in the US, his or her status will automatically change on October 1^st. Then, the business is free to bring them onto the payroll as an H1B professional employer.

If you're a business looking to hire foreign workers, the immigration attorneys at LOIGICA® are here to help. Based in Miami, FL, they represent clients across the nation. They will guide you through the often-complicated immigration processes involved in hiring employees under H-1B and similar statutes. Call (786) 292-9704 or visit them online to arrange a consultation with an immigration lawyer today.