H1B Visa

System · October 2002

Current employees wants us to sponsor H1B Visa. I-9 paperwork does state alien, but it was overlooked by HR. First do we have to sponsor employee? What are the cost of sponsorship? Do we need a lawyer? Has anyone been through the process before? I know I know lots of questions? HELP!

Cxjo · October 2002

first question to answer is "is this employee currently authorized to work in the US?" (if you discovered something inaccurate on their I-9 as originally filled out, I would say that is reasons enough to re-verify)

You are not obligated to sponsor anyone for an H-1B visa; it's a decision your company needs to make. If you have never done it before, then yes -- you SHOULD work with an immigration attorney to take you through the process. Visit [url]http://www.ins.gov/graphics/howdoi/h1b.htm[/url] to start with some basic questions.

Gillian · October 2002

We do this a bit, but the process for higher education can be abbreviated a little. You should do what you can do to get some basic background and the website will be helpful in that regard. You may not need an attorney, although we visited one a year or so ago to make sure that we were on the right track. The employees that we have hired all seem to have an immigration attorney already, but we provide information for them and sometimes we talk to them as well.

Don D · October 2002

The entire process will cost somewhere between 4 and 5 thousand dollars if you use an attorney, but it's well worth it if your objective is to capture the skills of a really qualified employee. The total costs will depend on the number of hoops the regional office has you jump through and the number of documents and processes the attorney feels are necessary. It is not at all unusual for paperwork to be returned because the check you attached was one dollar too much or because you combined two charge items into one check and they require two. It is maddening at some stages of the process. I've worked with this for years on both sides of the fence. I would not recommend going it alone, even if you have experience with it. Nor would I recommend sponsoring somebody because of a popularity poll taken in the office suggesting you should sponsor somebody. Basic costs for the petition run about $1400 but that's just the H1B. Then you'll have costs and forms for extensions and elevating it to the permanent citizen attempt level. Also you'll be required to advertise the position at your expense for a certain period of time in certain types of publications, plus consider any and everybody the employment offices refer to you, plus pay an amount set by the government as the minimum acceptable, and assorted other government requirements. Unless you are doing it to gain a really qualified worker that you can't otherwise employ, with a skill set you can't otherwise attract, I wouldn't recommend it. You'll eventually have the obligation of 'proving' there are no domestic applicants available who meet the qualifications of the position. Sponsorship of an alien is not a charitable undertaking and its certainly not like adopting a puppy from the pound. The government will have you jump through multiple hoops in the process of approving or disapproving the petition and the alien. If your guy is here illegally, this is not the avenue to use.

Rexxies · October 2002

Don has made some really valid points. I'll be brief & add a few others.

I worked in healthcare for 14 years---due to nursing, physician and therapist shortages, we had a number of HI visa staff. However, we made a decision early on that we would not 'pay' for the attorney. We knew good attorneys locally & referred folks because we didn't want to be in the business of paying the exhorbitant costs for visas and green cards. Don didn't exxagerate--the average cost was $5,000. Additionally, once you undertake the sponsorship you must advertise appropriately and have to show that you did everything possible to hire qualified U.S. candidates. Once you begin, you also have to post a notice in an open area where all employees can see that you are considering hiring a foreign applicant(listing their name) for xx position and what the average pay is (no I'm not kidding). Additionally, H1 visas are good for a total of 6 years, but must be renewed at 3. Most candidates will try to convert to green card status.

It's a ton o' paperwork & a headache to insure you've done it correctly. So be sure you know what you're getting into if you do this. Also, what happens when the next person comes along & wants sponsorship...how do you deny?

Pork · October 2002

yulyab, I have, and no it does not take an attorney! It does take lots of time. January 2001 to April 2001 was supposed to be the deadline. We had about 8 of 15 Hispanic employees confess to being illegal and requested our assistance. They were great and good workers so we agreed to sponsor. My state coordinator faxed me blank forms and my employees brought out their real docuemnts. I was shocked and overwhelmed. We got it done and surprizingly some are still with us waiting their change in status. President Bush and Fox signed and agreed to an extention of the program. We have lost several of our original group and with each I have notified INS to cancel our sponsorship and I get a fax acknowledging the cancellation of the sponsorship. I have applied for a couple of new illegal family members who come to work for us under one set of names/SSN documentation and immediately after being enrolled confess and seek our help and a change in immigrant status. There is a fee associated with the H1B but it applies to the I-140 and not the ETA 750 part A & part B. We are currently, recruiting a foreign national for a management position. We will be required to pay a fee when we submit the approved ETA 750 with the I-140 both of which are required to sponsor a legal resident alien. The current fee for the petition is $135.00, it is not refunded. It is made payable to the INS. The other sponsorship of current employees has not cost anything as yet. By the way both INS and DOL have been very helpful. The [url]www.dol[/url] web pages also gets you original forms; however, after the fact I find out the forms must be completed as front to back and in three originals. My candidate have spent much time in e-mail and telephone conversations. My first application was rejected because it was original single pages instead of front to back originals. Good Luck Pork

H1B Visa

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