Applying for H1B under a non-Everify company

[ramkrs80]

I have a job with a small company (<50 employees) which is not E-verify.

Can I still apply for H1 through this company without it being E-verify ? What would my chances be if the company is so small and they have never filed for H1 before ?

[kiran234]

At present EVerify is not mandatory for all US employers, Any US Employer can apply/file for H1Bs. It is the employer responsibilty to follow all the conditions reqired for H1B

The job must meet one of the following criteria to qualify as a specialty occupation:

• Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
  
• The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
  
• The employer normally requires a degree or its equivalent for the position
  
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.*
  

For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

• 
  Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
  
• 
  Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
  
• 
  Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
  
• 
  Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
  

[JoeF]

The H1 at this time doesn't require a company to be e-verified.

For an OPT extension, the company has to be e-verified.