H1 B eligibility for employer

[amit_3977]

Hi I am a pharmacist currently on TN visa. I have joined a new employer recently. The employer is small business, newly formed back in last year. As a employer, what would be requirement for them to file H1b for me? Are they eligible to sponsor h1 B, if then what kind of documents must be provided from employer?

Thanks for your help.

[JoeF]

The employer needs to show the ability to pay the required salary for the H1 employee (at least the prevailing wage.)

If the employer doesn't know how to handle the application, the employer should consult with a good immigration lawyer.

You should not be involved with the application.

[catx]

To confirm what JoeF posted, initially I was in the U.S. on a TN visa working for a small company. When my employer agreed to sponsor my permanent residency ('green card'), I found an immigration lawyer to work with, who then contacted my employer to go over the process (H-1B > PERM labor certification > I-140 ...), requirements (both employer and employee), and costs. Everything met the reqiuirements and the lawyer started working on the H-1B visa and PERM labor certification.

The one note is shortly after starting the immigration documentation the company was bought by a larger U.S. company with many international offices, who both offered me a position as part of the acquisition. This new employer has an in-house paralegal and immigration lawyer on retainer specifically for work visas and immigration matters. Accordingly, my 'file' was transfer to them and we have gone through the process to 1-140 approval. I am now in the painfully long EB3-ROW queue for a permanent residency visa.

[amit_3977]

To confirm what JoeF posted, initially I was in the U.S. on a TN visa working for a small company. When my employer agreed to sponsor my permanent residency ('green card'), I found an immigration lawyer to work with, who then contacted my employer to go over the process (H-1B > PERM labor certification > I-140 ...), requirements (both employer and employee), and costs. Everything met the reqiuirements and the lawyer started working on the H-1B visa and PERM labor certification.

The one note is shortly after starting the immigration documentation the company was bought by a larger U.S. company with many international offices, who both offered me a position as part of the acquisition. This new employer has an in-house paralegal and immigration lawyer on retainer specifically for work visas and immigration matters. Accordingly, my 'file' was transfer to them and we have gone through the process to 1-140 approval. I am now in the painfully long EB3-ROW queue for a permanent residency visa.

Thank you for your reply. but I wanted to know what is the basic requirement of employer to sponsor for H1 B? like any financial or commercial, size of company, age of company etc. Any idea?

[amit_3977]

Thank you for your reply. but I wanted to know what is the basic requirement of employer to sponsor for H1 B? like any financial or commercial, size of company, age of company etc. Any idea? I am helping employer in confirming their eligibility in this phase, so please reply. Eventually we will consult lawyer.

[amit_3977]

Thank you for your reply. but I wanted to know what is the basic requirement of employer to sponsor for H1 B? like any financial or commercial, size of company, age of company etc. Any idea? I am helping employer in confirming their eligibility in this phase, so please reply. Eventually we will consult lawyer.

[JoeF]

To confirm what JoeF posted, initially I was in the U.S. on a TN visa working for a small company. When my employer agreed to sponsor my permanent residency ('green card'), I found an immigration lawyer to work with, who then contacted my employer to go over the process (H-1B > PERM labor certification > I-140 ...), requirements (both employer and employee), and costs. Everything met the reqiuirements and the lawyer started working on the H-1B visa and PERM labor certification.

That's similar how I got the GC (via H1, though.) My employer was a small US consulting company. That was a decade ago, though, so the process for the LC was a bit different. Way back then even EB2-ROW (my category) usually took 6 years... I got my GC in two years because I used the then fast-track LC (called RIR; the normal LC took 2 years) and went for Consular Processing (which took 4 months vs. 3 years for the I-485...)

[JoeF]

Thank you for your reply. but I wanted to know what is the basic requirement of employer to sponsor for H1 B? like any financial or commercial, size of company, age of company etc. Any idea? I am helping employer in confirming their eligibility in this phase, so please reply. Eventually we will consult lawyer.

The only requirement is that the employer has to show that he has the financial means to pay the required salary of the H1 employee.

[kalyan_ac]

That's similar how I got the GC (via H1, though.) My employer was a small US consulting company. That was a decade ago, though, so the process for the LC was a bit different. Way back then even EB2-ROW (my category) usually took 6 years... I got my GC in two years because I used the then fast-track LC (called RIR; the normal LC took 2 years) and went for Consular Processing (which took 4 months vs. 3 years for the I-485...)

Interesting JoeF. that you also worked for some consultancy at some point in time.

What is LC?Whats a fast track LC?

Consular processing?so you mean you were out of states while working for the same company sponsoring you?

[JoeF]

What is LC?Whats a fast track LC?

LC = Labor Certification. Nowadays also called PERM.

Way back when there was a faster LC called RIR, Reduction in Recruitment. Doesn't exist anymore.

Consular processing?so you mean you were out of states while working for the same company sponsoring you?

You can do CP even if you are in the US. You then would just have to travel to the consulate.

But in my case, my 6 years on H1 were over, and back then, there was no 7th+ year H1.

So, yes, I had to leave the country, for about 1/2 year, and I had to do CP.