An H-1B visa is one of the most common ways for foreign nationals to gain work experience in the United States. Anyone with a bachelor’s degree (or higher degree) is eligible to apply for an H-1B visa. This visa will allow people from different countries to work in the U.S. for three to six years.
Many job seekers want international career opportunities, and this is a great way for them to access that. At Ybarra Maldonado Law Group, we specialize in immigration law, especially for our Spanish-speaking communities.
Here, our experienced legal team will explain how to navigate the H-1B sponsors database so that foreign workers can find specialty occupations that sponsor H-1B visas.
If you’re seeking companies that sponsor H-1B, you should first know the basics of this visa category. The H-1B is a nonimmigrant visa for a foreign worker who is seeking employment in the U.S. An H-1B visa holder can work in the U.S. for three years under a prevailing wage. A three-year H1B extension is also available.
After those six years, qualified workers must go back to their country of origin or become permanent U.S. citizens. As stated previously, foreign workers who have a bachelor’s degree, a master’s degree, or another higher degree are eligible applicants.
H-1B Portability Provisions
Someone who currently has H-1B status isn’t limited to a single employer. Under the American Competitiveness in the Twenty-First Century Act, employees are able to transfer their H-1B status to different employers and remain eligible.
H1B History
The H-1B visa is rooted in the Immigration and Nationality Act of 1952. But the Immigration Act of 1990 is the legal doctrine that split H-1A – which is for nurses – and H-1B for applicants pursuing another specific specialty in the U.S. The 1990 act had the original intention to help U.S. tech firms address labor shortages.
The program allowed companies to hire nonimmigrant workers on a temporary basis to fill the open roles in areas like engineering and tech. This program is still in effect, with some of the nation’s largest employers using it.
The H-1B Cap
There is a cap for H-1B visas. There are only 65,000 visas available for H-1B workers every fiscal year. But there are 20,000 other visas that are specifically reserved for those with master’s degrees and other forms of higher education. According to U.S. law, a revoked H1B due to willful misrepresentation or fraud will be added to the following year’s H1B quota.
Can an Individual of H-1B Status Have a Spouse or Child in the U.S.?
Any spouse or children of a person of H-1B status can live and become students in the United States under H-4 status. Spouses of H1B workers can also obtain a U.S. occupation by filing an employment authorization form (form I-765). Once the USCIS approves the I-765 form, spouses can work until the expiration date listed on their I-94 form.
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How Do You Qualify for the H1B Visa?
To qualify for the H1B visa, workers must meet the following criteria. Firstly, foreign national candidates must provide legitimate educational credentials in order to join the American workforce.
This must be a bachelor’s degree, a master’s degree, or other higher education. Also, workers must provide any degrees, qualifications, or labor certification that shows highly specialized knowledge of the role they’re applying for.
Individuals seeking H1B status must also have a company or employer willing to sponsor them. The employer will need to file the H1B petition on behalf of the foreign national applying for sponsorship. The sponsoring company or employer must also prove that there is a lack of U.S. citizens applying for the job in question.
What Kind of Company Can Sponsor H1B?
The United States Citizenship and Immigration Services (USCIS) requires that American companies sponsor non-citizens. Companies who are having trouble filling roles in their business often turn to sponsoring a nonimmigrant worker by use of the H1B Visa. A wide range of companies offer H1B visa sponsorship.
In order for a company to sponsor a worker, they must first fill out labor condition applications with the U.S. Department of Labor. Then, the employer must file an H1B petition with the USCIS on behalf of the worker.
The position that the employer is offering must also be in a “specialty occupation.” This means that the job requires the use of highly specialized knowledge in order to successfully carry out the duties of employment.
H1B Specialty Occupations
Roles for a specialty occupation include but are not limited to:
Accountants
Architects
Business professionals
Dentists
Engineers
Financial analysts
Foreign Law advisors
Healthcare workers
IT/Computer professionals
Journalists and editors
Lawyers
Management consultants
Market research analysts
Nurses
Physicians
Psychologists
Scientists
Surgeons
Systems analysts
Teachers
Technical publications writers
University professors
Fashion models are specifically excluded from this list of intended employment because jobs like this don’t require theoretical and practical application of knowledge. Additionally, fashion models generally aren’t of distinguished merit and ability.
This is not a comprehensive list of the occupations that offer H-1B visas. As long as the position meets the criteria for a specialty occupation, they can sponsor foreign nationals through an H1B visa.
Finding Companies That Sponsor H1B Visas
Finding a company to sponsor an H1B visa may seem like a challenging task for foreign nationals, but both small and large businesses offer H1B opportunities. Deciding whether it’s best to apply for a large or small firm is one of the more difficult decisions of the process.
There are several small businesses that sponsor H1B visas in the United States. However, these companies are often more difficult to connect with. Larger companies, however, often have better-established programs for hiring foreign nationals through H1B status.
The need for talent from foreign nationals is especially great in tech-related areas. Silicon Valley is a popular destination for many of these individuals, as it holds some of the world’s largest tech companies.
Large American Corporations That Sponsor H1B Visas
Accenture
Amazon
Apple
Capgemini
Cisco
Cognizant
Deloitte
Ernst and Young
Facebook
Google
IBM
Infosys
Intel
JPMorgan Chase & Co.
Microsoft
Oracle
Qualcomm Technologies
Tata Consultancy Services
Uber
Walmart
Wipro
H1B Sponsors Database
If you are curious whether a certain employer offers H1B status, the USCIS offers a comprehensive database. The H1B Employer Data Hub provides relevant data from fiscal years 2009 to 2020. This data includes all employers who have submitted H1B petitions to employ nonimmigrant workers.
The database also provides the initial decisions for petitions made by the USCIS and whether they approved or denied them. Also, you’re able to search by employer name, state, city, zip code, fiscal year, and NAICS code.
H1B Application Process
As stated previously, an employer must file a labor condition application with the U.S. Department of Labor on behalf of the foreign employee. The application requires employers to include certain attestations, including those about working conditions and specific wages.
Once the labor condition application gains approval, the boss must begin filing an I-129 form, which is basically a request for H1B classification for the employee. Generally, the I-129 form requires supporting documents and fees as well.
Upon the I-129 form approval, the foreign employee can begin working for their new employer if they’re already legally inside the United States. If the employee is still outside the U.S., they can use their approved I-129 form in order to obtain their H1B.
What To Do if the USCIS Denies H1B Applications
If the USCIS denies your H1B application or any other immigration application, you can appeal the decision with the Administrative Appeals Office. Generally, H1B applications are denied because an employer failed to meet the necessary requirements.
Premium Processing Service for H1Bs
In order to make the H1B and labor condition application process move faster, applicants can pay for the USCIS premium processing service (form I-907), which will process all petitions and applications in only 15 days. The premium processing fee is $1,440 for interested applicants. If the USCIS fails to fulfill the promised 15 days, it will refund the fee.
The U.S. Citizenship and Immigration Services has suspended this service several times in the last five years, mostly due to the COVID-19 pandemic. So before you pay $1,440 for this service, make sure your local service center is accepting I-907 forms.
Best Phoenix H1B Immigration Lawyer
If you’re seeking to obtain an H1B visa or have any further questions, contact our experienced Phoenix immigration lawyers today. At Ybarra Maldonado Law Group, we are familiar with all the ins and outs of the visa process.
We will help ensure your paperwork meets USCIS’s requirements and that you’re on the right track to entering the United States. For more information, call us at (602) 905-9299today.
