Responsibilities of Employers Sponsoring H-1B Visas

Asian and Caucasian businessmen shaking handsEmployers sponsor foreign employees for many reasons, one of the most common being their expertise and skill. However, sponsoring an employee with an H-1B visa entails several responsibilities. The process could be confusing for those not familiar with it so consider consulting an expert on H-1B visas in Utah county when you tackle the following:

Accomplishing paperwork

There are two major documents involved in sponsoring an H-1B visa:

  • Form ETA-9035 or the Labor Condition Attestation is a document submitted to the Department of Labor. This form states that the employer will provide fair salary and equal benefits to the sponsored employee.
  • Form I-129 is a formal petition for non-immigrant workers. Employers use this form to attest that the employee is visiting the United States to temporarily provide services or receive training.

Settling payments

The law requires employers to shoulder all expenses required in getting an H-1B visa. Some standard fees include:

  • Standard filing fee – The standard filing fee covers Form I-129 and is worth $325. Visa transfers, amendments, and renewals can also be covered under this fee.
  • ACWIA fee – With a price of $750, the American Competitiveness and Workforce Improvement Act fee covers small businesses or companies with less than 25 employees. Companies with 26+ full-time employees are required to pay double.
  • Premium processing fee – Employers who wish to sponsor foreign employees immediately can take advantage of H-1B premium processing as offered by the Department of Homeland Security. To utilize this premium procedure, employers must accomplish Form I-907 and pay $1225.
  • Attorney fees – To speed up the process and ensure the employee’s application, companies should hire an experienced attorney. Legal professional fees vary.

Ensuring employee welfare

Employees under an H-1B visa have the right to safety and security. They have the right to take leaves and seek additional compensation if the employer demands work beyond contract. H-1B sponsored employees have the right to enjoy the benefits a regular U.S. employee is receiving.

When sponsoring an H-1B visa, contact an attorney who can help you with the procedure. Seeking legal advice will not only speed up the process but will ensure your company wouldn’t have to deal with any headaches caused by improper filing.

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