If you want to hire an H-1B worker it might be a good time to get your application in quickly. The Trump Administration is considering a moratorium on H-1B vias through October 1, 2020. Rumors also suggest Trump intends to raise the minimum wage an employer may pay an H-1B visa holder. 

The ban would exempt healthcare workers, so this topic might be particularly timely for hospitals and medical centers who want H-1B workers to solve staffing challenges brought on by the Covid-19 crisis.

Tech giants are currently petitioning the Trump Administration to keep these visas. 

If you want to add a foreign worker to your workforce there are several steps you must take. 

Making Sure Your Job Post is Eligible

The proposed job must require a bachelor’s degree or above. It also requires specialized knowledge in the field you’re hiring for. 

Currently the minimum salary for an H-1B visa is $60,000 per year, so make sure you are willing to offer at least that much. The offering needs to be in line with what American workers in your company are making for the same position. 

Notify Your Workers

You must notify your workers that you intend to bring a foreign worker on board at least 30 days before making your Labor Conditions Application. You may use email to do this. 

This will be important later because the LCA must show that your current workers won’t be adversely affected by the new hire, and that there is no labor controversy regarding conditions or pay at the time of hiring.

Announcing the position also gives employees a chance to refer qualified domestic candidates, or to apply for a lateral transfer into that role.

Fill Out the Paperwork

You’ll need your attorney’s help for the next steps. You’ll want to fill out your LCA, which then gets reviewed. Once it’s reviewed you can begin working with your prospective hire to put together the petitioner’s packet.

You are acting as both a sponsor and as an applicant during this process, so it’s important to get everything right. One mistake could result in application denial, leaving you without a vital employee and, if politics swing a certain way, leaving you without the ability to fill that position for some time.

Contact our office to get help with your immigration requirements.

See also:

Immigration Hiring During the Covid-19 Crisis

Employment-Based Immigration