H-1B Visa Attorneys in Cincinnati

The H-1B category gives nonimmigrant (temporary) visas to foreign workers in specialty occupations, research and development positions for the Department of Defense, and work as distinguished fashion models. This category is highly competitive, and the U.S. distributes a limited number of H-1B visas each year.

H-1B nonimmigrant visa classification has two major requirements:

1. The position to be filled is a “specialty occupation” (i.e., an occupation requiring the theoretical and practical application of a highly specialized body of knowledge, and for which attainment of a U.S. Bachelor’s Degree or higher is a minimum requirement for entry into the occupation); and
2. The alien possesses a U.S. Bachelor’s Degree or higher in the specialized field. (If the individual does not have a degree, or possesses a foreign degree, an education and/or experience evaluation will be required to determine the equivalence to a U.S. degree.)

At The Fleischer Law Firm LLC, we can help you navigate this process and secure invaluable employment opportunities in the United States. The petition and application process can be rigorous, which is why we will maintain direct involvement in your case from start to finish.

Learn more from our H-1B visa attorneys today by calling (513) 880-9969 or contacting us online. We can begin with a complimentary case evaluation.

The H-1B Process

Obtaining H-1B status for a foreign worker requires several steps. As of December 6, 2019, USCIS requires H-1B applicants to electronically register before beginning their petition process. After the electronic registration, the employer or agent will need to submit a Labor Condition Application (LCA), followed by Form I-129, Petition for a Nonimmigrant Worker. This petition may be filed at the same time as a change of status, change of employer, or extension of stay application if the foreign worker is already in the U.S. through another employer or status.

Filing the LCA

By filing the LCA with DOL, the company is attesting to the following:

1. For the entire period of authorized employment (typically three years), the company will pay all H-1B alien(s) who have similar experience and qualifications for the specific position set forth in the LCA at least the higher of:
   1. The actual wage level paid by the company to all other individuals with similar experience and qualifications for the specific position; OR
   2. The prevailing wage level for that specific occupational classification by all employers in the geographic area of intended employment.
2. For the entire period of authorized employment, the employment of the H-1B alien will not adversely affect the working conditions of workers similarly employed in the area of intended employment.
3. On the date the LCA was signed and submitted, there was not a strike, lockout, or work stoppage in the course of a labor dispute in the relevant occupation at the place of employment, and, if such a strike occurs, the employer will notify DOL within three days.
4. On or before the date of the LCA, notice of the application was posted in two conspicuous locations in the employer’s establishment. If a collective bargaining agreement applies to the position, notice must be provided to the collective bargaining representative in lieu of posting.

A copy of the LCA certified by DOL must also be provided directly to the foreign worker prior to beginning the H-1B employment.

Please note that there are additional attestations and requirements that “H-1B dependent” employers must comply with. An “H-1B dependent” employer is generally one that has a high percentage of H-1B employees. Please let us know immediately if H-1B employees comprise 15% or more of your workforce.

If a company has onsite contract workers who are employed by an “H-1B dependent” employer, the employer of these contractors may request assurance from your company that your company has not laid off workers 90 days prior to the worker being on your company’s worksite, and your company does not intend to lay off workers within 90 days after the worker is on your worksite. Thus, layoffs at your company may affect your ability to keep contract employees of H-1B dependent employers on your worksite.

The LCA procedure is primarily complaint-driven. In other words, an investigation into the accuracy of the LCA will normally occur only if a complaint is filed by an aggrieved party. If a complaint is filed, the DOL Wage and Hour Administrator will investigate the complaint.

In the event of a violation of the LCA, the Administrator may:

• Impose a $1,000 fine per violation;
• Bar the employer from obtaining future visas for a period of at least one year; and
• Order the employer to provide for payment of back wages.

Material misrepresentation on the LCA can also subject the signer to penalties for perjury, including fines and incarceration.