The company cannot offer the H1B sponsorship randomly to any candidate. The candidate to be eligible for the service needs to hold at least a bachelor’s degree. This is the minimum requirement; apart from it the candidate must have relevant and sufficient field experience.
The approval of H1B visa makes the candidate’s legal stay in USA valid for minimum of 3 years and maximum of 6 years. Consulting Companies that sponsor H1B visa has to take care of certain rules and regulations implemented in US law.
Getting H1B visa can be easy for large and well established company as compared to small sized startup. Yet there are certain fixed rules which apply equally on both the kinds of firms without showing bias nature.
The first step for consulting companies who sponsor H1B visa application for the candidate is to file the Labor condition application in co-ordination with US Department of Labor. For H1B Visa Process Visit Orphosys Corp.
The labor condition application acts as a proof or evidence having long list of statements which is in a way terms and conditions that assets the responsibility indicating that hiring the employee won’t affect the USA labors in any adverse manner.
The statements in the LCA are:
A. The employer will pay the employee the exact wage for the deserving position
B. The employer will give the employee same benefits as deserved by the position
C. The employer ensures that employee will not have negative impact on company
D. The employer should be clear about there being no dispute or ban on working for the position
In the LCA the employer has to note actual wage and the paid wage. The employer explicitly has to mention the working conditions, mention about strikes or lockouts.
Filing the LCA is the foremost requirement and is compulsory. Once the procedure is done, LCA becomes public property available to anyone who demands for it.
Second step for Consulting Companies who sponsor H1B is to file the H1B visa application and wait for the result. The result given by the visa officer can be positive or negative; this variation in results depends on many factors of the company. This is the phase where the startups face a hard time getting approval for their new hiring and situation might get sticky.
The basic demand of USCIS for the H1B visa approval is that company should be well and sufficiently established having the capability to employ the hiring employees. The company should be able to show the proper cash flow which indicates their financial capacity to pay employee wages according to norms of US labors law.
Company should provide the proof of having more money which shows giving more salary to employee and also legal proof of more business. Showing the money in account can be simple task for a well-established high earning firm but it can be troublesome task for small startups.To know more details on H1B Visa visit Painpeters
It requires startup to show the evidence of the income through the yearly turnover or venture capital. This is the clause sufficient to get the visa acceptance but not enough for the approval. The startups require proving their viability including business plan, employee contracts or lease for office space.
Assembling the documents can help in proving the legitimacy of the company and its business. Along with the entire document, tax return report can also be submitted. It can prove to be a valuable asset during the process of filing H-1B visa application.
The company will also have to be of sufficient size having a 4 member team may suffice and have the appropriate legal structure as these will be scrutinized along with everything else.
If a startup is able to prove their fiscal responsibility for the employee, the filing fees themselves should not be a challenge but it is worth noting that applying for an H-1B visa can cost high amount not including attorney’s fees.
So if you have enough money in the bank to support the employee’s salary AND support the business then these are typically sufficient, but there will be a number of items you need to assemble to show the viability of your business. The more money the company holds in bank the less it has to worry. The more legitimate the company is, more is the success rate of getting approval of H1B visa
Startups can file for the H1b visa for the candidate and have the positive result if they follow some tips Startups do face; immigration issues for both founder and employees but if follow the guidelines these can be resolved fast and in the cost efficient manner. A hefty monetary amount is involved in filing the application and thus startup can take the help of fellow mates.
The toughest point for the startup is when the company partner seeking for H1b visa. The crux of this clause intends to mean that H1B visa seeker himself is a partner in the startup, visa approval may become more muddled.
This situation closely violates the condition of the USCIS for the H1B visa which enforces to have the employee and the employer relationship. So when the person himself is the co-founder of founder he has the responsibility of hiring and firing which does not make him employee.
The USCIS for such typical cases have made provision which states that startups can provide verification of having separate Board of Directories excluding the candidate and that board has the legal power of hiring, firing, paying employee, supervise and control the employment of the beneficiary.
This assures that there is a different committee to check on the beneficiary and which makes the H1B visa attainable through USCIS.
Whether the employee applies through a small startup or a large company H-1B visa itself is not a gateway to a green card. It is a work visa rather than an immigrant visa. If a startup founder finds great success in the U.S. and wants to stay beyond the six-year limit, he or she will have to begin an entirely new process of immigration applications and paperwork.
If an employee is employed but is not allotted any work presently then he is known as a benched employee. According to the law of USA, the company who petitioned the USCIS to grant the H1B Visa is considered the employer which sponsors the H1B visa petition for its employee.
The certain criteria which the company should keep in mind according to regulations of LCA are:
A. Foreign worker is eligible to receive the compensation even though there is no immediate work
B. In any condition the employer cannot delay the payment of foreign employee giving lame reason
C. If the employer violates the payment of employee then they have to face the related consequences
D. The compensation is not offered for the leaves employee take for personal reasons.
E. Employers are also bound to pay their H1B employees even when the employer experiences a temporary shutdown in its operations.