Immigration Issues/H1B and employer

Advertisement


Question
QUESTION: Hi Ajay,
My employer have some questions regarding h1-b. I would really appreciate if you could answer them.
****Can the applicant be h1-b sponsored on a part-time and seasonal basis?
****What are the ramifications if to the employer if the applicant must be laid off after a few months because of lack of business or finances?
***What are the other employer responsibilities in this arrangement? e.g. minimum pay per hour for accountants based on a verified and acceptable Dept of Labor survey, fringe benefits, workplace safety, workman’s compensation, payroll taxes, etc.
***Is the employer VISA (h1-b) application fees tax deductible?


ANSWER: Hi,

H1B can be filed for part-time job as long as the position still requires a relevant bachelor's degree or equivalent to adequately perform the job. In other words, the position must be a specialty occupation. Seasonal employment is not appropriate for H1B, as otherwise H1B petition may only be approved by the USCIS only for the season.

Termination of employment requires the sponsored employee to either depart the U.S. within 10 days, or find another H1B employer to sponsor him or her, or change to another nonimmigrant visa category such as student or visitor.

The employer is required to pay the higher of the actual or prevailing wage. Prevailing wage is what other similarly situated employees (of other companies) are paid in the geographical location where the employer is located. Actual wage is what other existing employees of the sponsoring company with similar duties are paid.

Any employer expenses are tax deductible.

You can call our law firm at 212-268-3580 during business hours, or email info@h1b1.com for guidance.

---------- FOLLOW-UP ----------

QUESTION: Thank you for such quick reply. The position we are talking about is individual tax preparation. They have about 400 customers and they are willing to pay me 20$ per hour here in Omaha, Nebraska.  Before proceeding with h1-b process, I wanted to know what are the chances of getting approved? How much fee do you charge if we decide to file for h1-b?
Thanks

Answer
The position of Accountant is a specialty occupation, and $20/hour is within the prevailing wage in Douglas County, NE. The probability of success is high. However, if the position offered is Tax Preparer, then it is probably not a specialty occupation and the probability of success is less than 50% unless the case can be made that the position requires a bachelor's degree to adequately perform the job.

Our legal fee is $1500. There is a link to our email on every page of our website: www.h1b1.com and you can send an email for a proposal without obligation. We cannot answer additional questions on this forum; please call or send email as per our initial email response.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.