Texas H-1B Visa Attorneys

Labor Certification

The appropriate procedure to have the employee apply for permanent residence in the United States is through a process called labor certification. The labor certification may begin contemporaneously with the H-1B process or afterward. The labor certification process is estimated to take approximately two to three years. Hence, the H-1B visa is most appropriate for your employees to work for your company in the interim period.

When sponsoring individuals in H-1B visa status, employers must follow certain requirements, including:

• Wages: The employer must attest that it will not pay less than the greater of the actual wage paid to all other individuals at the worksite with similar experience and qualifications for the position in question; or the prevailing wages for the occupational classification in the area of intended employment.
• Working conditions: In addition to attesting to the appropriate wage, you must attest that your employee will have the same working conditions as other employees similarly employed and they will not be adversely affected by his/her employment. Working conditions include hours, shifts, vacation periods, and fringe benefits.
• No strike or lockout: The employer must also attest to the lack of a strike or lockout by a union if any exists.
• Notice: As part of the H-1B visa processing, we will be filing on your behalf a labor condition application (“LCA”) with the Regional Department of labor in Chicago, IL. Notice of the filing of the labor condition application must be posted in at least two conspicuous locations in the employer’s establishment in the area of intended employment. The notice must be posted for ten days, starting before filing the LCA. The notice must contain the basic information in the LCA, including the wage offered, and provision that the LCA is available for public inspection.
• Return transportation: The employer must pay the return transportation costs of the H-1B employee if the employee is dismissed prior to the completion of the approved H-1B term. The employer need not pay if the employee voluntarily quits. The regulations do not specifically delineate between dismissal with or without cause.
• Record keeping: The primary effort required on your part is to collect and maintain careful records to justify the wage selected and working conditions. We will conduct research and document for you that you meet and exceed the prevailing wage for your employee’s position. You are not required to submit these records with the LCA, but you must have them available for public inspection upon request by the Department of Labor. You must keep the records for one year after the alien leaves your employment. However, the alien’s payroll records must be kept for three years after the completion of employment.

The mutual benefits that this category of visa offers to companies and foreign nationals make it an attractive option for many. However, as can be seen from the shortlist of requirements listed above, the H-1B visa process can be complicated and the penalties for not following the federal regulations can be harsh.

The work visa lawyers at The Law Firm of Shihab & Associates have successfully completed thousands of H-1B petitions for large and small companies alike. We have the experience and proven track records that you require in order to employ the H-1B worker that your company needs.

Contact us at (888) 915-5057 today.