H-1B (Specialty Workers)
However, if the United States company wishes to directly employ the individual, then the employer must consider an employment-authorized visa. One such visa is the H-1B. This visa is used for temporary employment of aliens in "specialty occupations,” commonly thought of as professions. A specialty occupation is defined as "an occupation, which requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation." The position offered must require a baccalaureate or higher degree (or the equivalent); the degree requirement must be common to the industry or the job must be shown to be unique in the industry; the company must normally require the degree; and the applicant must possess the degree.
When filing for an H-1B nonimmigrant petition, the United States company must post a job-site disclosure, which includes the actual salary paid, and all locations where the alien will be employed. The company also files a Labor Condition Application with the U.S. Department of Labor, attesting that it is offering the higher of prevailing or actual salary to the alien for the position. The H-1B nonimmigrant petition is then filed with the proper CIS regional service center after the Department of Labor returns a certified Labor Condition Application.
For an H-1B employee, the signed and original ETA 9035 must be accessible to the public within one working day after the date the Labor Condition Application is filed with the Department of Labor.
The employer maintains a public file containing the following documents: 1) the completed, signed, and dated original form ETA 9035; 2) a statement confirming the actual wage paid to the employee; 3) the source of the prevailing wage determination (published wage information which is less that two years old; and, 4) copies of the notices posted, including the dates the disclosure was posted and removed. If an employee has any questions regarding the Labor Condition Application, he or she should be permitted to review the ETA 9035. Documentation regarding the salary of other employees (payroll records) need not be available to the public. Furthermore, the employer must give a copy of the certified Labor Condition Application to the employee on or before the date his H-1B petition is approved. An initial approval period of up to three years may be requested. Extensions of stay may be granted by the Bureau of Citizenship and Naturalization Services for a maximum stay of six years.
|
|
