In this short video, Attorney Michael Murray explains the necessary steps an employer must take when sponsoring an H-1B petition for a foreign worker. For more detailed explanation of the H-1B process, download our complimentary Guide to H-1B Sponsorship. For questions about H-1B sponsorship, or other business immigration concerns, contact FordMurray today.
As an employer, what are my obligations in sponsoring an H-1B petition?
Transcript of Video:
When hiring a foreign national employee on an H-1B visa, the first step will be to get an H-1B petition approved and Labor Condition Application certified by the Department of Labor. The Labor Condition Application requires that the employer pay the prevailing wage for the position in the area of employment, and that will have to be based on a qualified wage survey and then certified by the Department of Labor. The employer will have to make sure that you pay that prevailing wage, at least that prevailing wage, throughout the employment relationship with the H-1B worker.
The LCA also requires that you post notice as soon as the LCA is filed at each work site that the H-1B worker will be working at, and then as the employment relationship progresses, you’ll have to make sure that you update both USCIS and Department of Labor of any material changes in the relationship with the employee. So, for example, if the salary decreases below the prevailing wage or if the work site changes, then those updates will have to be made to the government agencies.
And then, finally, when the H-1B relationship terminates, the employee either quits or is terminated by the company, you’ll have to make sure that you notify the different government agencies of the end of that relationship. And this is a little different than you see in other context, you’ll have to make sure that you offer the payment of return home transportation for the HB-1 worker back to the home country.