davige@gmail.com (David Ge) wrote in message news:<a901453f.0411152109.58893a5d@posting.google.com>... Hi all. I am wondering how a company can be qualified for the application to USCIS for an H1B petition for its employees.
If it's a new petition (for a prospective worker who does not already
hold (or did not recently hold) H1B status), these are already closed
for FY 2005. If it's an extension or transfer, or the employer is a
university, university laboratory, or nonprofit or government
laboratory, these are still possible.
The basic qualification is that the company execute a Labor Condition
Application (LCA). This will describe the position the company wishes
to fill by hiring H1B workers, the number of such workers, proposed
wages and working conditions, etc. There are detailed requirements
that the LCA must meet; there is a good summary of these by Matthew
Schulz at http://www.schulzlaw.com/mschulz_lcagen.php
Once there is an approved LCA, the company can file H1B petitions on
behalf of workers.
If anyone has some knowledge on this question, please help me. This is really very important to me.
You really need to work with an immigration lawyer who handles H1B
cases if this is really important. If you don't, you can pretty much
guarantee that it will not go smoothly, and you will waste large
amounts of time and money.
--
Not a lawyer,
Chris Green
David Ge
11-16-2004, 05:42 PM
Thank you. You guys are great!
From your explanations, I guess there are no limitations for the
employer's profile, that is, the business-scale, capital, number of
employees, etc. Is this correct?
Christopher Green
11-16-2004, 11:51 PM
On 16 Nov 2004 17:42:51 -0800, davige@gmail.com (David Ge) wrote:
Thank you. You guys are great!From your explanations, I guess there are no limitations for theemployer's profile, that is, the business-scale, capital, number ofemployees, etc. Is this correct?
There are special rules that apply if your business is deemed "H1B
dependent" (you get that status by employing, or proposing to employ,
an excessive percentage of H1B workers). If you have your ducks in a
row, it is not particularly difficult to deal with these additional
rules. An attorney who knows what he is doing is essential regardless
of your status.
So far as I know, there is not a minimum size for businesses that
employ H1B workers. I worked for many years for a very small (at one
point only 10 employees) business that always had several H1B workers
on staff. The only significant problem they had is when one
Pointy-Haired Boss made threats against a key employee who had to
leave the country in order to avoid overstaying his visa.
--
Chris Green
David Ge
11-18-2004, 09:21 PM
Christopher Green <cj.green@att.net> wrote in message news:<3g0mp090ruv06u21ml909gh363nlvse3hp@4ax.com>... On 16 Nov 2004 17:42:51 -0800, davige@gmail.com (David Ge) wrote:
There are special rules that apply if your business is deemed "H1B dependent" (you get that status by employing, or proposing to employ, an excessive percentage of H1B workers). If you have your ducks in a row, it is not particularly difficult to deal with these additional rules. An attorney who knows what he is doing is essential regardless of your status. So far as I know, there is not a minimum size for businesses that employ H1B workers. I worked for many years for a very small (at one point only 10 employees) business that always had several H1B workers on staff. The only significant problem they had is when one Pointy-Haired Boss made threats against a key employee who had to leave the country in order to avoid overstaying his visa.
