Cf

So I had asked a question earlier - is there a minimum wage requirement
for an employer to pay when sponsoring someone for an H-1B visa?

From what I've found out - the procedure for H-1B visa is as follows:
1) Apply for Labor Condition Appl. (LCA) from the Dept. of Labor with
your proposed wage rate (only rate, nothing else) for the proposed job
title and location. You may select 'part-time' (the position doesn't
have to be full-time).
2) Wait for LCA approval.
3) Send in the I-129 to USCIS. In this form, you specify not only the
job title, location, wage rate, 'part-time', but also the hours/week.

The kicker is that there is NO minimum to the hours/week. In other
words, it would be valid to say in the I-129 petition that the position
is only for 5 hrs/week!

At least there's no written law about this.

So my question:
Am I missing something here?
There MUST be some minimum annual salary requirement for an H-1B visa
sponsorship, right?
Or is that just at the discretion of the immigration office - to accept
or deny an I-129 petition if the salary is too low?

Any insights/feedback would be really appreciated.

Thanks,
CF

Joe Feise

CF wrote on 02/13/07 12:44:

> So I had asked a question earlier - is there a minimum wage requirement
> for an employer to pay when sponsoring someone for an H-1B visa?
>
> From what I've found out - the procedure for H-1B visa is as follows:
> 1) Apply for Labor Condition Appl. (LCA) from the Dept. of Labor with
> your proposed wage rate (only rate, nothing else) for the proposed job
> title and location. You may select 'part-time' (the position doesn't
> have to be full-time).
> 2) Wait for LCA approval.
> 3) Send in the I-129 to USCIS. In this form, you specify not only the
> job title, location, wage rate, 'part-time', but also the hours/week.
>
> The kicker is that there is NO minimum to the hours/week. In other
> words, it would be valid to say in the I-129 petition that the position
> is only for 5 hrs/week!
>
> At least there's no written law about this.
>
> So my question:
> Am I missing something here?


No.

> There MUST be some minimum annual salary requirement for an H-1B visa
> sponsorship, right?


No.

> Or is that just at the discretion of the immigration office - to accept
> or deny an I-129 petition if the salary is too low?


Yes. Part-time H1 applications are scrutinized.
You need to keep in mind that it is possible for a person to have multiple
parallel H1s, so a person could have a fulltime H1 and apply for a parttime H1,
working on the side.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.