What is an H1B Sponsor ?
Which US Companies can Sponsor for 2011 H1B Visas ?
What are the Latest Rules and Regulations for H1B Sponsoring Companies in 2011 ?
An H1B Sponsor is the common term used for a Legally Registered US Corporation that employs and files an H1B work visa application for a Foreign national to work in America. Other associated terms for an H1B sponsor are: H1B Sponsoring Company, H1B Employer
Each year thousands of H1B Sponsoring Companies in the USA file visa applications for Foreign workers.
Securing a suitable employment position (one that meets the minimum H1B visa programs sponsorship requirements) with an H1B Sponsor Company in the USA is mandatory for a Foreign applicant to be issued an H1B Visa in 2011.
Any US employer can sponsor an H1B petition in 2011, provided it has an IRS Tax Number, also known as an IRS Number or Tax ID Number. This number is needed for obtaining approval of the Labor Condition Application (LCA), which is an essential preliminary to the H1B visa petition itself. However, many US companies do not sponsor for work visas or have policies against sponsorship employment.
H1B Sponsors in 2011 should take note that sponsoring an H1B visa petition involves them making a number of undertakings that include:-
- The H1B Sponsor pays the H1B worker at least the higher of the wage paid to similar workers in the same company or the "prevailing wage" (usually determined by the relevant State Employment Services Agency) for the occupation in the area the H1B worker will be employed;
- That the recruitment of the H1B worker(s) will not adversely affect the conditions of the employer's US-resident employees in similar jobs;
- That there is no strike or lockout occurring at the time the Labor Condition Application is submitted, and that the approved LCA will not be used to support petitions for H1B workers to be employed at the site of any subsequent strike or lockout;
- That a copy of the LCA form will be given to the H1B worker and either given to the bargaining representative of employees in similar occupations or (if there is no bargaining representative) posted in 2 conspicuous locations for at least 10 days in the place the H1B worker will be working;
- To maintain records of the LCA and the H1B workers employment for inspection by the US Department of Labor.
Note that the prevailing wage is generally lower for non-profit and academic/research organizations
Once an H1B Sponsoring Company has brought an employee to the US on an H1B visa (in 2011 or in any previous year), should the sponsor company dismiss the H1B employee before the expiry of the visa, the H1B sponsor company is liable for any reasonable costs that the employee incurs in moving him/herself, his/her effects, and (where appropriate) his/her dependants, back to his/her last foreign residence. This provision covers only dismissal, it is not relevant when an H1B employee chooses to resign.
Related H1B Sponsor Company Requirements Articles:
H1B Sponsor Requirements for Notices and Recordkeeping
Requirements for H1B Dependent Employers and Employer-Employee Relationship:
H1B Sponsor Rules: for 2011 H1B Employer-Employee Relationship
H1B 2011 Regulations for H1B-Dependent Employers and Sponsoring Companies