h1b dependent employer: what do you need to know?
DESCRIPTION
H1B Dependent Employer: Find out what you need to know for filing H1B. VisaPro Law Firm has been assisting employers in complying with H1B visa requirements for their own protection as well as for the safety of the H1B workers. Contact VisaPro Law Firm for Free H1B Filing Consultation at: http://visaoptions.visapro.com/visaassessment.asp Our experienced H1B Lawyer helped clients secure near 100% success with all H-1B visa petitions.TRANSCRIPT
Call: 1-202-787-1944 or Visit: www.VisaPro.com
THE H-1B
EMPLOYER:WHAT DO YOU NEED TO KNOW?
DEPENDENT
H-1B Dependent Employers are subject to additional attestation and documentation while
filing for an H-1B.
Does this make it more difficult to petition for qualified foreign workers?
FIND OUT.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
Call: 1-202-787-1944 or Visit: www.VisaPro.com
H-1B DEPENDENT EMPLOYERS
A. Who are they?
B. When should employers determine their H-1B dependency?
C. What are the additional attestations and documentation they are subject to?
D. How do you determine if you are an H-1B Dependent Employer?
Call: 1-202-787-1944 or Visit: www.VisaPro.com
A. H-1B DEPENDENT EMPLOYERS: WHO ARE THEY?
• 25 full time employees of which 7 are H-1B employees.
• 26 to 50 full time employees of which more than 12 are H-1B employees.
• More than 50 full time employees of which 15% or more of the work force are comprised of H-1B employees.?
An employer is determined to be H-1B dependent if the employer has:
Call: 1-202-787-1944 or Visit: www.VisaPro.com
1. A Labor Condition Application (LCA)
2. A petition for a nonimmigrant worker (Forms I-129 / I-129W)
3. A request for an extension of H-1B status
B. H-1B DEPENDENT EMPLOYERS: WHENTO CHECK DEPENDENCY?
Employers have to determine their H-1B dependency when filing:
Call: 1-202-787-1944 or Visit: www.VisaPro.com
• Advertise the job vacancy in U.S. before petitioning for H-1B workers.
• Take good faith steps to recruit U.S. workers and document the recruitment steps.
• Offer the higher of the prevailing wage or the employer’s actual wage.
C. H-1B DEPENDENT EMPLOYERS: ADDITIONAL ATTESTATION
Unlike regular H-1B employers, an H-1B Dependent Employer must:
Call: 1-202-787-1944 or Visit: www.VisaPro.com
• Receive wages (including cash bonuses and similar compensation) of at least $60,000 per year, or
• Have a master's degree or higher, or the equivalent in a specialty related to the intended employment
C. H-1B DEPENDENT EMPLOYERS: EXEMPTIONS FROM ATTESTATION
H-1B foreign workers are ‘exempt’ from attestations if they:
Call: 1-202-787-1944 or Visit: www.VisaPro.com
• Compare the total number of all H-1B workers with the number of the total workforce (including H-1B workers)
• If a small employer's snap-shot computation shows that the employer is dependent, or if a large employer's calculation exceeds 15% of its workforce: the employer must then fully calculate its dependency status.
D. H-1B DEPENDENT EMPLOYERS: HOW TO DETERMINE - SNAP-SHOT TEST
If an employer’s dependency is not readily visible or is borderline on dependency, he may use snap-shot test.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
• The total number of H-1B workers (including the full-time and part-time workers)
• The total workforce of the employer in the United States (including both U.S. workers and H-1B workers), and
• Assess according to full-time equivalent employees
D. H-1B DEPENDENT EMPLOYERS: HOW TO DETERMINE - FULL CALCULATION
The full calculation must take into consideration:
Call: 1-202-787-1944 or Visit: www.VisaPro.com
FountainHead LLC is an IT consulting company based in San Francisco, CA.
They currently have 127 consultants and 6 administrative staff. Of the consultants 20 are on H-1B visas.
Is FountainHead LLC an H-1B dependent employer?
Case Scenario
Call: 1-202-787-1944 or Visit: www.VisaPro.com
Using the snapshot method as a starting point we find that with 133 employees, they can have no more than 19.95 H-1Bs.
Since they have 20 H-1B employees they are over the threshold and have to make complete calculations based on FTEs (full time employees) and taking into account any “exempt” H-1B employees.
Case Scenario
Call: 1-202-787-1944 or Visit: www.VisaPro.com
Just over half of the H-1B consultants (12) make over $60,000 per year.
When they are taken out of the equation FountainHead LLC is not H-1B dependentand does not have to take the additional steps required of dependent employers.
Case Scenario
Call: 1-202-787-1944 or Visit: www.VisaPro.com
How can you be certain that you are not H-1B Dependent?
Call: 1-202-787-1944 or Visit: www.VisaPro.com
About VisaPro
VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services at
reasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
Investor and Entrepreneur Advisory Services
Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN
Investor Visas: E-1, E-2, EB-5
Green Cards
Employer Immigration Compliance
Call: 1-202-787-1944 or Visit: www.VisaPro.com
Washington, DC
1050 17th Street NWSuite 1000
Washington, DC 20036
New York
520 White Plains Road Suite 500
Tarrytown, NY 10591
1100 S Hope St.Suite 103
Los Angeles, CA 90015
Los Angeles
Contact Us
“I have had the pleasure of working with the staff at VisaPro. Their knowledge, professionalism
and overall pleasantness made my job much easier. They assisted me every step of the way in
applying for an H1B Visa, I could not imagine getting through this process without them. I would
highly recommend VisaPro to anyone applying for a Visa. I would most definitely use VisaPro
again”
Beverly Brawer,
United States Luggage Company LLC