Are you hiring and considering an H-1b?

What is the H-1B visa and who qualifies for it?

The H-1B visa is a work visa for professionals in specialty occupations, requiring at least a bachelor’s degree in a related field or equivalent experience. Professionals must have a U.S. company sponsor and job offer. The visa is granted for up to six years in three-year increments.
Initial H-1B visas can only be applied for if selected through an annual registration lottery in March.
Hurtubise Weber Law works directly with the employer sponsor to navigate the complex application process, including registration and sponsorship requirements.  The earlier we start, the better we can tune your strategy.

How can startup founders and small businesses sponsor foreign employees?

Hurtubise Weber Law specializes in helping small and early-stage companies navigate the immigration process to hire foreign employees.
Common visa options for startups include the H-1B, E-2, O-1 for individuals with extraordinary ability, and L-1 for intracompany transfers.
Hurtubise Weber Law regularly works with early-stage companies and knows how to tailor evidence and avoid red flags and other pitfalls.
We’ve seen many of our early-stage clients grow into successful, established businesses.

Who pays for the H-1B visa and how much does it typically cost?

U.S. immigration law requires that the employer cover mandatory filing fees as well as legal fees and costs. Beneficiaries (the foreign national) can pay for Premium Processing in some cases.

How quickly can a foreign national start working for my company?

It depends on the foreign national’s visa status and/or the type of petition/application being filed on their behalf.
For H-1B transfers, this can be once the petition is filed (if the LCA date is current), sometimes referred to as “working on receipt.”
For other types of petitions such as O, TN, and E visas, the beneficiary can only start work after the petition has been approved. Hurtubise Weber Law will guide companies through this timing process.

What are the steps involved in sponsoring a foreign national for a work visa?

First, the attorney must determine what work visas the beneficiary might qualify for based on their education and experience, the job duties, and, for some visa categories, the salary and worksite.
Second, the employer must file a petition with USCIS committing to certain job duties and, depending on the visa category, the salary and worksite.
Some visas, such as TN and E visas, may require only a consular application or, for Canadian TNs, a border application.
Finally, the employer should maintain proper compliance records.

What are the potential delays or complications that could arise during the immigration process?

USCIS can issue a Request for Evidence (RFE) or a consulate can put a visa into administrative processing.
The best way to avoid these delays and complications is to handle them in advance—know the red flags and address (or avoid) them upfront, be thoughtful about the specifics of each case, and be prepared.
A well-prepared petition with carefully considered evidence is less likely to get an RFE or be sent to administrative processing. Hurtubise Weber Law’s RFE and administrative processing rates are very low, well below average.

Can the candidate work in any location within the US or are there restrictions?

It depends on the type of work visa.

• TN, O, and L visas are not tied to a specific worksite.

• However, H and E visas are worksite-specific because they rely on a certified LCA and prevailing wage determination based on a physical worksite location.
  The worksite for an H or E visa can be the employee’s residence and/or multiple locations, but they must be listed in the LCA.
  If the worksite changes, the company may need to file an amended petition. Hurtubise Weber Law works carefully with employers and beneficiaries to inform them of all visa obligations and minimize future employment disruptions or visa amendments.

How do I find out what the prevailing wage is for an H-1B?

This information is available through the Department of Labor’s Office of Foreign Labor Certification and depends on the worksite location(s) and job code.
Hurtubise Weber Law can assist with determining the appropriate job code and prevailing wage.

How can we manage the immigration process to minimize disruption to the hiring timeline?

Reach out to us early and often. Hurtubise Weber Law advises clients on candidates as well as current employees.
Knowing about potential delays or complications earlier means we can handle them earlier.