What Are The Limitations For H-1B Dependent Employer

H1B Sponsorship

An “H-1B Dependent Employer” is a U.S. employer that hires a higher amount of H-1B employees than the normal standard. This is a great risk because the employer will then have to provide attestation obligations pertaining to the displacement of U.S. workers. In other words, the employer will need to provide evidence that qualified American workers are not having their jobs outsourced to foreign labor. Employers listed as H-1B dependent will most likely be questioned on their various recruiting efforts. Check for Employment Visa Process in UT Evaluators


H-1B dependents who are hiring foreign H-1B workers are mandated to demonstrate that their efforts are not affecting U.S. wages and conditions. “Conditions” constitute as affecting either their own workforce or another employer’s.

Employers are not authorized to substitute U.S. workers for foreign professionals within the internal workforce 90 days before the H-1B petition filing date and 90 days after the filing date. The employer may not allocate the H-1B status employee with a separate employer. If this were to be conducted, the H-1B dependent would be classified as displacing a current U.S. worker.

Hiring a foreign professional and obtaining an H-1B visa should be the last resort for U.S. employers. The employer with dependency status is required to effectively recruit U.S. workers for the position before considering a foreign professional. For more details on H1B Visa check Origo2000

Recruiting can take place by multiple types of advertising, job fairs, and professional conventions. The employer is expected to make an effort of selecting a U.S. worker with equal or beyond the required position qualifications. It is not authorized for employers with dependency status to favor a specific nonimmigrant category such as international students under OPT.

It is important that you consider hiring an immigration attorney who specializes in H-1B visas to work alongside you during your case. This will help you avoid any common pitfalls that can cause delays or more serious repercussions.

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