Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

H1B - what the employers need to do?

H1B - what the employers need to do?

Old Jul 23rd 2009, 10:25 am
  #1  
Just Joined
Thread Starter
 
Joined: Mar 2009
Posts: 16
zappun is an unknown quantity at this point
Default H1B - what the employers need to do?

Hi

I have a degree from a british university and 5 years experience in computer programming. I have found two potential employers who have not been through the H1B process before, can someone point me in the right direction as to what they as employers need to be prepared to do and pay?
Also, would they need to wait until next April to apply?

regards

Last edited by zappun; Jul 23rd 2009 at 10:28 am.
zappun is offline  
Old Jul 23rd 2009, 3:14 pm
  #2  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,597
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: H1B - what the employers need to do?

Originally Posted by zappun View Post
Hi

I have a degree from a british university and 5 years experience in computer programming. I have found two potential employers who have not been through the H1B process before, can someone point me in the right direction as to what they as employers need to be prepared to do and pay?
Also, would they need to wait until next April to apply?

regards
The employer should retain an immigration attorney and ask these questions of the attorney.

Rene
Noorah101 is offline  
Old Jul 23rd 2009, 3:19 pm
  #3  
Just Joined
Thread Starter
 
Joined: Mar 2009
Posts: 16
zappun is an unknown quantity at this point
Default Re: H1B - what the employers need to do?

Hi

I just need to roughly know what costs there are, what they need to do and timescales etc - i'm just being pro-active in my job search that's all and is for my benefit if anything!

regards
zappun is offline  
Old Jul 23rd 2009, 3:23 pm
  #4  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 32,785
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: H1B - what the employers need to do?

Originally Posted by zappun View Post
Hi

I just need to roughly know what costs there are, what they need to do and timescales etc - i'm just being pro-active in my job search that's all and is for my benefit if anything!

regards
I know the cost is said to be at least $5k (obviously dependent on how much the attorney charges, but that as a minimum) if that helps? No idea about exactly what forms they have to fill in though.


Last edited by christmasoompa; Jul 23rd 2009 at 3:26 pm.
christmasoompa is offline  
Old Jul 23rd 2009, 3:40 pm
  #5  
Account Closed
 
Joined: Mar 2004
Posts: 0
scrubbedexpat099 is an unknown quantity at this point
Default Re: H1B - what the employers need to do?

Originally Posted by zappun View Post
Hi

I just need to roughly know what costs there are, what they need to do and timescales etc - i'm just being pro-active in my job search that's all and is for my benefit if anything!

regards
Time - well not an issue, they have 9 months or so.

Costs - very much depends on Lawyer costs, they will dwarf USCIS fees.

$5k sounds in the ballpark to me.

Whilst Immigration Law if Federal most Employers will use someone local.
scrubbedexpat099 is offline  
Old Jul 23rd 2009, 4:02 pm
  #6  
Forum Regular
 
emartin's Avatar
 
Joined: Jun 2009
Posts: 179
emartin is a glorious beacon of lightemartin is a glorious beacon of lightemartin is a glorious beacon of lightemartin is a glorious beacon of lightemartin is a glorious beacon of lightemartin is a glorious beacon of lightemartin is a glorious beacon of lightemartin is a glorious beacon of lightemartin is a glorious beacon of lightemartin is a glorious beacon of lightemartin is a glorious beacon of light
Default Re: H1B - what the employers need to do?

Originally Posted by Boiler View Post
Time - well not an issue, they have 9 months or so.

Costs - very much depends on Lawyer costs, they will dwarf USCIS fees.
Actually, with filing fees anywhere from about $1500 - $3250, I think most lawyers' fees will not "dwarf" the filing fee. You can find a lawyer who will charge $10,000 - $15,000 for a H-1B, but you don't need to pay that.

As for timing - you cannot start until 10/1/09 at the earliest (assuming you will be working for a for-profit entity). Getting the H-1B approval under normal processing now takes 3-4 months, plus the time to get a visa at the consulate.
emartin is offline  
Old Jul 23rd 2009, 4:09 pm
  #7  
Just Joined
Thread Starter
 
Joined: Mar 2009
Posts: 16
zappun is an unknown quantity at this point
Default Re: H1B - what the employers need to do?

Originally Posted by emartin View Post
Actually, with filing fees anywhere from about $1500 - $3250, I think most lawyers' fees will not "dwarf" the filing fee. You can find a lawyer who will charge $10,000 - $15,000 for a H-1B, but you don't need to pay that.

As for timing - you cannot start until 10/1/09 at the earliest (assuming you will be working for a for-profit entity). Getting the H-1B approval under normal processing now takes 3-4 months, plus the time to get a visa at the consulate.
hi

thanks for your answers - is there much difference if i apply for non-profit jobs such as charities or even work for free?

thanks
zappun is offline  
Old Jul 23rd 2009, 4:13 pm
  #8  
BE Enthusiast
 
Joined: Apr 2003
Posts: 367
cathy22w is just really nicecathy22w is just really nicecathy22w is just really nicecathy22w is just really nicecathy22w is just really nicecathy22w is just really nicecathy22w is just really nicecathy22w is just really nicecathy22w is just really nice
Default Re: H1B - what the employers need to do?

Originally Posted by emartin View Post
Actually, with filing fees anywhere from about $1500 - $3250, I think most lawyers' fees will not "dwarf" the filing fee. You can find a lawyer who will charge $10,000 - $15,000 for a H-1B, but you don't need to pay that.

As for timing - you cannot start until 10/1/09 at the earliest (assuming you will be working for a for-profit entity). Getting the H-1B approval under normal processing now takes 3-4 months, plus the time to get a visa at the consulate.
My lawyer charged $1700 on top of filing fees. $10k+ seems more than a bit excessive. The employer is liable for some of the filing fees, but so are you. I believe if they opt for premium processing ($1k) the employer is liable for that.
cathy22w is offline  
Old Jul 23rd 2009, 4:25 pm
  #9  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,597
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: H1B - what the employers need to do?

Originally Posted by zappun View Post
hi

thanks for your answers - is there much difference if i apply for non-profit jobs such as charities or even work for free?

thanks
I believe non-profit jobs are exempt from the yearly cap (and perhaps can have a different start date than October).

"Work for free" - you mean you'd go through all that trouble of getting an H1B visa and then not get paid for the job you do?

Rene
Noorah101 is offline  
Old Jul 23rd 2009, 4:50 pm
  #10  
BE Enthusiast
 
caleyjag's Avatar
 
Joined: Jun 2008
Location: Malibu, CA
Posts: 921
caleyjag has a reputation beyond reputecaleyjag has a reputation beyond reputecaleyjag has a reputation beyond reputecaleyjag has a reputation beyond reputecaleyjag has a reputation beyond reputecaleyjag has a reputation beyond reputecaleyjag has a reputation beyond reputecaleyjag has a reputation beyond reputecaleyjag has a reputation beyond reputecaleyjag has a reputation beyond reputecaleyjag has a reputation beyond repute
Default Re: H1B - what the employers need to do?

Originally Posted by zappun View Post
hi

thanks for your answers - is there much difference if i apply for non-profit jobs such as charities or even work for free?

thanks
Non-profits are exempt from the cap, however non-profit jobs are very hard to get. Moreover, it's hard to see how a non-profit will justify the cost of hiring a foreigner.

$5k for the H1 seems about right to me. I think thats what mine cost.

Working for free is a really bad idea. Remember that you will need health insurance which is really expensive. I wouldn't even bother coming here at all if you can't find a job that gives full health benefits.


Have you got your PhD yet? If I were you I would look at coming here to study. This is a good time to be in school. If you do have a PhD then a post-doctoral position on a J1 is by far your easiest way to come out here.
caleyjag is offline  
Old Jul 24th 2009, 12:10 am
  #11  
Just Joined
Thread Starter
 
Joined: Mar 2009
Posts: 16
zappun is an unknown quantity at this point
Default Re: H1B - what the employers need to do?

Originally Posted by cathy22w View Post
My lawyer charged $1700 on top of filing fees. $10k+ seems more than a bit excessive. The employer is liable for some of the filing fees, but so are you. I believe if they opt for premium processing ($1k) the employer is liable for that.
The problem is that the employers that are interested have not done a H1B visa before, and are not that clued up on the costs. They do know my situation and we are both committed to doing things by the book. If it means i pay for the legal fee's than so be it, but we need to know a lot more before we both go ahead. I gather from the responses that the costs are around $5k, but what are the legal obligations that the employer has? What forms do they have to fill out and what parts of their business are under scrutiny?

thanks
zappun is offline  
Old Jul 24th 2009, 12:45 am
  #12  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,597
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: H1B - what the employers need to do?

Originally Posted by zappun View Post
The problem is that the employers that are interested have not done a H1B visa before, and are not that clued up on the costs. They do know my situation and we are both committed to doing things by the book. If it means i pay for the legal fee's than so be it, but we need to know a lot more before we both go ahead. I gather from the responses that the costs are around $5k, but what are the legal obligations that the employer has? What forms do they have to fill out and what parts of their business are under scrutiny?

thanks
You might not get the responses you are looking for here. This forum is for people on YOUR end of the deal, who want to come to the USA to work.

The good folks on this forum are not the employers, they are the employees. The employees aren't experienced in what the employer even did for them to get here, the employee simply shows up at an interview after the petition has been approved. The employer does all the initial work, and that's not what this forum is about.

The employer really needs to be asking these questions himself, of a reputable immigration attorney. This isn't really a DIY project.

Just letting you know, you probably won't get what you're looking for here.

Rene
Noorah101 is offline  
Old Jul 24th 2009, 3:48 am
  #13  
Forum Regular
 
malj's Avatar
 
Joined: Jul 2008
Location: San Francisco, CA
Posts: 68
malj has a spectacular aura aboutmalj has a spectacular aura aboutmalj has a spectacular aura about
Default Re: H1B - what the employers need to do?

I don't think you can work for free? The employer has to file a Labor Condition Application that states the minimum prevailing wage for the position. One of the purposes of the LCA is that it is a declaration from the employer that they will pay you at least that stated minimum prevailing wage.
malj is offline  
Old Jul 24th 2009, 7:06 am
  #14  
Tired and emotional
 
Joined: Sep 2008
Posts: 12
jon_H1B is just really nicejon_H1B is just really nicejon_H1B is just really nicejon_H1B is just really nicejon_H1B is just really nicejon_H1B is just really nicejon_H1B is just really nicejon_H1B is just really nice
Default Re: H1B - what the employers need to do?

Originally Posted by malj View Post
I don't think you can work for free? The employer has to file a Labor Condition Application that states the minimum prevailing wage for the position. One of the purposes of the LCA is that it is a declaration from the employer that they will pay you at least that stated minimum prevailing wage.
This is true, H1-B's are not supposed to suppress local wages.

Regarding fees, IIRC, the employer has to pay the filing fees (other than premium processing) and these cannot be reclaimed from the employee under any circumstances. Any other costs are up for grabs, usual form is that the employer pays the lot and retains the option to reclaim costs (pro rata) if you leave in the first year.

Think very carefully about moving for a company that is 'nickel and diming' you now. I moved for a good wage and with a good relocation package and have been amazed at how much it cost
jon_H1B is offline  
Old Jul 24th 2009, 7:23 am
  #15  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 32,785
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: H1B - what the employers need to do?

Originally Posted by zappun View Post
If it means i pay for the legal fee's than so be it, but we need to know a lot more before we both go ahead. I gather from the responses that the costs are around $5k, but what are the legal obligations that the employer has?
You cannot pay any fees - from my understanding, they have to pay all costs by law. And you certainly can't work for free as a pp said.

They simply need to hire an immigration lawyer and they will do all of the work for them and guide them through the process - if they want an overview of the process, most lawyers will do an initial consultantion for free.

But it's not up to you to do, nor are you allowed to. So you'll just have to let them get on with it I'm afraid.

Good luck.
christmasoompa is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2022 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.