H-1B Visa Attorneys in Cincinnati
Get Decades of Experience Working for You: 513-880-9969
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:
- 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
- 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 at The Fleischer Law Firm LLC. Call
513-880-9969 or
contact us online. We can begin with a free 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.
How To File the LCA
By filing the LCA with DOL, the company is attesting to the following:
-
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:
- The actual wage level paid by the company to all other individuals with
similar experience and qualifications for the specific position; OR
- The prevailing wage level for that specific occupational classification
by all employers in the geographic area of intended employment.
- 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.
- 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.
- 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.
LCA Violations
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.
Satisfying Documentation Requirements
Within one working day of filing the LCA, upon request by any person, the
company must make available for inspection certain documentation about
the LCA. They must prepare a “Public Access” folder for this purpose.
This folder must be retained for one year beyond the end of the period
of employment specified on the LCA. In addition to the public access documentation,
the company must maintain certain records for DOL to review in the event
of a complaint.
The company must maintain payroll records for the alien and any other individuals
with experience and qualifications similar to those of the alien’s
who are in the same position at the place of employment. The company must
maintain the payroll records for a period of three years from the date
of the creation of the records.
Please
contact us online or call
513-880-9969 for personalized support with your H-1B application.
Our team looks forward to putting our decades of experience to work for you.
